### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

118M. Validity of competency certificates may be suspended electronically
(1) This section applies to a competency certificate the validity of which may be suspended by the Authority under a provision of this Ordinance.
(2) The validity of a competency certificate may be suspended by the Authority in electronic form.
(3) The validity of a competency certificate is considered as suspended in electronic form only if the suspension is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If the validity of a competency certificate is suspended in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on the suspension of its validity is regarded as having been met and physical delivery of the certificate is no longer required.
(5) The Authority must cause a suspension made by the Authority in accordance with this section to be entered in the e-cert database with respect to the competency certificate.

118N. Validity of competency certificates may be restored electronically
(1) This section applies to a competency certificate the validity of which may be restored by the Authority under a provision of this Ordinance.
(2) The validity of a competency certificate may be restored by the Authority in electronic form.
(3) The validity of a competency certificate is considered as restored in electronic form only if the restoration is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If the validity of a competency certificate is restored in electronic form, the requirement under any provision of this Ordinance for returning the certificate on the restoration of its validity is regarded as having been met and physical return of the certificate is no longer required.
(5) The Authority must cause a restoration made by the Authority in accordance with this section to be entered in the e-cert database with respect to the competency certificate.

118O. Competency certificates may be cancelled electronically
(1) This section applies to a competency certificate that may be cancelled by the Authority under a provision of this Ordinance.
(2) A competency certificate may be cancelled by the Authority in electronic form.
(3) A competency certificate is considered as cancelled in electronic form only if the cancellation is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If a competency certificate is cancelled in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on its cancellation is regarded as having been met and physical delivery of the certificate is no longer required.
(5) The Authority must cause a cancellation made by the Authority in accordance with this section to be entered in the e-cert database with respect to the competency certificate.

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

118P. Power of Secretary for Transport and Logistics to amend Schedule 3
(1) The Secretary for Transport and Logistics may, by notice published in the Gazette, amend Schedule 3.
(2) A notice published under subsection (1) may contain any incidental, supplementary, consequential, savings or transitional provisions that are necessary or expedient in consequence of the amendments made under that subsection.

119. Official log books
(1) Except as provided by regulations made under this section, an official log book in the prescribed form shall be kept in every Hong Kong ship.
(2) The Secretary for Transport and Logistics may make regulations prescribing the particulars to be entered in official log books, the persons by whom such entries are to be made, signed or witnessed, the procedure to be followed in the making of such entries and in their amendment or cancellation, and remedial action that may be taken by the Superintendent in respect of any matters the subject of any entries which have been amended or cancelled. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(3) Regulations made under this section may require the production or delivery of official log books to such persons, in such circumstances and within such times as are specified in the regulations.
(4) Regulations made under this section may exempt ships of any description from any requirements of the regulations, either generally or in such circumstances as are specified in the regulations.
(5) Where a person, without lawful authority, wilfully destroys or mutilates or renders illegible any entry in an official log book, he commits an offence and is liable on conviction to a fine at level 3.

120. Admissibility in evidence and inspection of certain documents
The following documents shall be admissible in evidence and, when in the custody of the Superintendent, shall be open to public inspection—
(a) crew agreements, lists of crews made under section 95 and notices given under this Ordinance of additions to or changes in crew agreements and lists of crew;
(b) subject to section 34, the official log book of any ship kept under section 119 and any document purporting to be a copy of an entry therein certified as a true copy of the entry by the master of the ship;
(c) documents purporting to be submissions to or decisions by the Superintendent under section 87;
(d) returns or reports under section 121 or under regulations made under section 86;
(e) any other document specified by the Secretary for Transport and Logistics, by notice in the Gazette, to be a document to which this section applies. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

121A. Maintenance of register and storage of information
(1) The Registrar shall maintain a register called the Marine Register of Births and Deaths.
(2) The Marine Register of Births and Deaths shall be compiled from the certified copies sent to the Registrar under regulations made under section 121(3)(c), which are recorded in the form of a digital image in accordance with this section.
(3) The Registrar shall, on receipt of a certified copy of any record sent to him under regulations made under section 121(3)(c), cause—
(a) the certified copy to be recorded in the form of a digital image; and
(b) the particulars contained in the certified copy to be stored in the database of a register computer in the form of data which are capable of being retrieved and reproduced in a legible form.
(4) The Registrar shall, on receipt of a certified copy of any corrected or amended entry sent to him under regulations made under section 121(3)(c), cause—
(a) the certified copy to be recorded in the form of a digital image and substituted for the corresponding digital image kept in the Marine Register of Births and Deaths; and
(b) the particulars contained in the certified copy to be—
(i) stored in the manner described in subsection (3)(b); and
(ii) substituted for the corresponding particulars that have been so stored.
(5) Where the Registrar is aware of a clerical error in the particulars stored in the database referred to in subsection (3)(b), he shall cause the error to be corrected as soon as possible.
(6) The certified copies filed in the Marine Register Book of Births and Deaths shall, on the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006), form part of the Marine Register of Births and Deaths and be recorded in the form of a digital image by the Registrar.
(7) The Registrar shall cause the particulars contained in the certified copies referred to in subsection (6) to be stored in the manner described in subsection (3)(b).
(Added 8 of 2006 s. 49. Amended E.R. 5 of 2021) Editorial Note:
* Commencement date: 27 August 2007.