Cap 415 s 2 Interpretation (MERCHANT SHIPPING (REGISTRATION) ORDINANCE)

Contents of Section

Chapter:	415	Title:	MERCHANT SHIPPING (REGISTRATION) ORDINANCE	Gazette Number:	L.N. 83 of 2001
Section:	2	Heading:	Interpretation	Version Date:	01/05/2001

(1) In this Ordinance, unless the context otherwise requires-
"authorized surveyor" (特許驗船師) means a surveyor appointed by a Certifying Authority referred to in section 13 for the purposes of the tonnage regulations;
"builder's certificate" (建造證明書), in relation to a ship, means a certificate signed by the builder of the ship and containing a true account of-

(a) the proper denomination and tonnage of the ship, as estimated by him;

(b) the date when and place where the ship was built; and

"certificate of deletion" (終止註冊證明書) means a certificate of deletion issued under section 65;
"certificate of provisional registry" (臨時註冊證明書) means a certificate of provisional registry granted under section 30 and a new certificate of provisional registry granted under section 35;
"certificate of registry" (註冊證明書) means a certificate of registry granted under section 24, 77 or 98 and a new certificate of registry granted section 35 or 83;
"certificate of survey" (驗船證明書) means a certificate granted by an authorized surveyor under section 14;
"certificate or declaration of marking" (標記證明書或聲明書), in relation to a ship, means-

(a) a certificate signed by an authorized surveyor; or

(b) a declaration made in Hong Kong by one or more of the owners or by the demise charterer of the ship,

certifying or declaring, as the case may be, that the ship's name and port of registry have been marked as directed by the Registrar;

"commencement date" (生效日期) means the date appointed by the Governor under section 1(2) for the coming into operation of this Ordinance;
"demise charter" (轉管租約) means a charter party by which a ship is chartered or let by demise and under which the demise charterer has the possession of the ship and has control of all matters relating to the navigation and operation of the ship including employment of the master and crew; (Amended 9 of 2001 s. 2)
"demise charterer" (轉管租約承租人) means the charterer of a ship under a demise charter, and in relation to a registered or provisionally registered ship means a person registered as demise charterer under this Ordinance;
"Director" (處長) means the Director of Marine;
"foreign certificate of deletion" (外地終止註冊證明書), in relation to a ship, means a certificate or other document issued by the relevant authority of a place outside Hong Kong and certifying or stating, as the case may be, to the effect that the ship has been deleted from the register of ships in that place;
"Government" (政府) means the Government of Hong Kong;
"identity card" (身分證), in relation to any person, means an identity card issued to that person under the Registration of Persons Ordinance (Cap 177);
"instructions" (指示) means administrative instructions issued by the Director under section 5;
"lodged" (送交) means delivered to and accepted by the Registrar in accordance with this Ordinance;
"master" (船長) includes every person (except a pilot) having command or charge of any ship;
"owner" (船東), in relation to a registered or provisionally registered ship, means a person registered as owner under this Ordinance;
"provisionally registered" (臨時註冊), in relation to a ship, means provisionally registered under section 28;
"qualified person" (合資格的人) has the meaning assigned to it by section 11(4);
"register" (註冊紀錄冊) means the register of ships kept under section 7;
"registered" (註冊), in relation to a ship, means registered under this Ordinance;
"registrable" (可註冊), in relation to a ship, means able to be registered under this Ordinance;
"the Registrar" (註冊官) means any person appointed as a Registrar of Ships under section 4(1) and, where the term is used in connection with a power or function for the time being exercised by the Director pursuant to section 4(3), includes the Director;
"representative person" (代表人), in relation to a ship, means the representative person for the time being appointed in relation to the ship under section 68;
"ship" (船舶) means, subject to section 3, every description of vessel capable of navigating in water not propelled by oars, and includes any ship, boat or craft and an air-cushion vehicle or similar craft used wholly or partly in navigation in water;
"sub-demise charter" (再轉管租約) means a sub-charter party by which a ship is sub-chartered or sublet by demise by the demise charterer and under which the sub-demise charterer has the possession of the ship and has control of all matters relating to the navigation and operation of the ship including employment of the master and the crew; (Added 9 of 2001 s. 2)
"tonnage regulations" (噸位規例) means regulations as to the tonnage of ships made under section 13.
(2) Where in relation to a ship or to any matter connected with a ship any provision of this Ordinance-

(a) imposes a duty or liability on either of the owner or demise charterer of the ship; or

(b) provides for the service of notice on either of the owner or demise charterer of the ship,

the provision shall be construed as imposing the duty or liability or providing for the service of notice-

(i) in the case of a ship registered or to be registered by virtue of section 11(1)(a), on the owner; or

(ii) in the case of a ship registered or to be registered by virtue of section 11(1)(b), on the demise charterer,

but nothing in this subsection shall prejudice or affect the operation of that provision in so far as it imposes the duty or liability, or provides for the service of notice, as the case may be, on any person other than the owner or demise charterer.

(Enacted 1990)