### Merchant Shipping (Registration) Ordinance 《商船(註冊)條例》

96. Ships not yet registered under the Act
(1) Where in relation to a ship—
(a) an application for registration of the ship in Hong Kong under the Act was made before the commencement date and, immediately before that date, was not yet determined; and
(b) the requirements of the Act preliminary to such registration have been complied with,
then—
(i) the application shall be deemed to be an application for registration of the ship under this Ordinance;
(ii) the ship shall be deemed to be registrable; and
(iii) the requirements of this Ordinance preliminary to registration shall be deemed to have been complied with.
(2) Nothing in subsection (1) shall affect any liability to pay any fee or charge pursuant to regulations made under section 90.

97. Entry of particulars in respect of transitional ships
(1) The Registrar shall enter in the register the following particulars relating to a ship deemed to be registered under section 95(1)—
(a) the name of the ship;
(b) such of the details of the ship recorded in the register book kept under the Act as the Registrar considers essential for the purposes of registration;
(c) the particulars of the ship’s origin as recorded in the register book kept under the Act; and
(d) the name, address and description of each owner and a statement of the number of shares in the ship owned by each.
(2) The Registrar shall enter in the register the following particulars relating to a ship referred to in section 96—
(a) the name of the ship;
(b) such of the details specified in the surveyor’s certificate granted under the Act as the Registrar considers essential for the purposes of registration;
(c) the particulars of the ship’s origin as stated in the declaration of ownership made under the Act; and
(d) the name, address and description of each owner and a statement of the number of shares in the ship owned by each.

98. Certificate of registry for transitional ships
(1) Upon the entry in the register of particulars of a ship under section 97, the Registrar shall grant a certificate of registry, in the specified form, containing those particulars.
(2) Until such time as a certificate of registry is granted under this section in respect of a ship referred to in section 95(1), the certificate of registry granted under the Act in respect of the ship shall for the purposes of this Ordinance and the Merchant Shipping Ordinance (Cap. 281) be treated as a certificate of registry granted under this section.

### Merchant Shipping (Registration) Ordinance 《商船(註冊)條例》

99. Retention of documents for transitional ships
Upon the entry in the register of particulars of a ship under section 97, the Registrar shall retain in his possession in respect of the ship—
(a) the surveyor’s certificate granted under the Act;
(b) the builder’s certificate, bill of sale in favour of the owner or court order vesting title to the ship in the owner, as the case may be;
(c) the copy of the condemnation (if any); and
(d) all declarations of ownership made under the Act.

100. Return of certificates issued under the Act
(1) Upon the grant of a certificate of registry under section 98 in respect of a ship referred to in section 95(1), the owner or master of the ship shall deliver the certificate of registry granted under the Act in respect of the ship, or cause such certificate to be delivered, to the Registrar—
(a) forthwith if the ship is in Hong Kong; or
(b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the grant of the certificate of registry under section 98.
(2) An owner or master who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 2.(Amended E.R. 1 of 2022)

101. Transitional ship ceasing to be registrable
A ship registered or deemed to be registered under this Part ceases to be registrable if—
(a) the ship or any share in the ship is transferred or transmitted;
(b) the ship is taken in war or hostilities, as a result of which the owner has lost control over the operation of the ship;
(c) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation; or
(d) the ship subsequently becomes registered in a place outside Hong Kong.

102. Application of Ordinance to transitional ships
(1) In addition to the provisions of this Part, the provisions of this Ordinance specified in column 2 of Schedule 4 shall apply, to the extent and in the manner provided in column 3 of that Schedule, to ships registered or deemed to be registered under this Part.
(2) Except as provided by subsection (1) this Ordinance shall not apply to ships registered or deemed to be registered under this Part.

### Merchant Shipping (Registration) Ordinance 《商船(註冊)條例》

104. Savings, amendments and repeals
(1) The Merchant Shipping (Tonnage) Regulations (App. I, p. AB 1*) amended in the provisions set out in column 2 of Part 1 of Schedule 5, to the extent set out in column 3 of that Part—
(a) shall, notwithstanding the repeals under subsection (3), continue in operation; and
(b) shall be deemed for all purposes to have been made by the Chief Executive in Council under section 13. (Amended 64 of 1999 s. 3)
(2) A Certificate of British Tonnage Measurement or British Tonnage Certificate issued under the Merchant Shipping (Tonnage) Regulations (App. I, p. AB 1†) and in force immediately prior to the commencement date shall continue in force and have effect as if it were a Certificate of Hong Kong Tonnage Measurement or Hong Kong Tonnage Certificate (as the case may be) issued under those regulations as amended by subsection (1).
(3) (Omitted as spent—E.R. 1 of 2022)(4) The enactments specified in Part 3 of Schedule 5 are repealed.
(5) Section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply in relation to the repeal of a provision of an United Kingdom enactment effected by this section as it applies in relation to the repeal of a provision of an Ordinance.

Editorial Note:
* See now Cap. 415 sub. leg. C.
† See App. I, p. AB1, 1983 R. Edition.

### Merchant Shipping (Registration) (Fees and Charges) Regulations 《商船(註冊)(費用及收費)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Registration) (Fees and Charges) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
“office hours” (辦公時間) means the hours between 9 a.m. and 5 p.m., and 9 a.m. and noon on Saturday, excluding general holidays within the meaning of the General Holidays Ordinance (Cap. 149); (35 of 1998 s. 5)
“surveyor” (驗船師) means a Government surveyor;
“tons” (噸) means, unless otherwise specified, gross registered tons and in the case of a ship having alternative gross tonnages means the larger of those tonnages.

3. Fees for services under the Ordinance
(1) There shall be payable for the purpose or service mentioned in column 2 of Part 1 of the Schedule the fees specified in column 3 of that Part.
(2) There shall be payable for the purpose or service relating to the tonnage measurement or marking of ships mentioned in column 2 of Part 2 of the Schedule the fees specified in column 3 of that Part.