### Merchant Shipping (Safety) Ordinance 《商船(安全)條例》

120. Service of documents
(1) Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served by any public officer of the Marine Department of the rank of Marine Inspector Class II or above or by any other person authorized in that behalf by the Director—
(a) in any case by delivering the document personally to the person to be served, or by leaving it for him at his last place of business or residence;
(b) if the document is to be served on the master of a ship, where there is one, by leaving it for him on board the ship with the person being or appearing to be in charge or command of the ship or a member of the crew of the ship;
(c) if the document is to be served on a person belonging to a ship, by leaving it for him on board the ship with the master of the ship or with a person being or appearing to be in charge or command of the ship;
(d) if the document is to be served on the master of a ship, where there is no master and the ship is in Hong Kong—
(i) by serving it on the owner of the ship or his agent residing in Hong Kong; or
(ii) where no such owner or his agent is known or can be found, by affixing the document to the mast or other prominent part of the ship;
(e) If the document is to be served on the owner of a ship or his agent—
(i) by leaving the document for him on board the ship with some person being or appearing to be in charge or command of the ship or a member of the crew of the ship; or
(ii) by leaving the document for him at the office of the owner or his agent with some person being or appearing to be in charge of the office.
(2) Any document referred to in subsection (1) which is to be served on the owner or master of a ship may be addressed to the owner or master of the ship without specifying the name of the owner or master.
(3) Any person who obstructs the service under this Ordinance of a document on the master of a ship commits an offence and is liable to a fine at level 2. (Amended E.R. 5 of 2021)
(4) Any owner, agent or master of a ship who is party or privy to an offence under subsection (3) commits an offence and is liable to a fine at level 5 and to imprisonment for 2 years. (Amended E.R. 5 of 2021)

### Merchant Shipping (Safety) Ordinance 《商船(安全)條例》

121. Payment of remuneration to certain persons
There shall be paid out of general revenue to any member of a court of survey, other than a public officer, or to any assessor, other than a public officer, such remuneration as may be prescribed in regulations made under this Ordinance or, if no such regulations have been made, as the Chief Executive may direct.
(Amended 10 of 2009 s. 36)

122. Use of official log-book in evidence
(1) In any legal proceedings for a contravention of this Ordinance, any entry in the official log-book of a ship, deck log-book, engine room log-book or other similar document, or any document purporting to be a copy of any such entry and to be certified as a true copy by any person specified in subsection (2) shall, until the contrary is proved—
(a) be admitted in evidence and be sufficient evidence of the matters stated therein; and
(b) in the case of such a copy, be presumed that it is so certified.
(2) For the purposes of subsection (1), the persons who may certify copies of entries in an official log-book, deck log-book, engine room log-book or other similar document are—
(a) the Director or any person authorized by him in writing in that behalf;
(b) a magistrate;
(c) (Repealed 47 of 1997 s. 10)(d) a notary public, as defined in the Legal Practitioners Ordinance (Cap. 159); or
(e) a consular officer.

123. Saving
(1)-(2) (Repealed 10 of 2009 s. 37)(3) For the avoidance of doubt, it is hereby declared that notwithstanding the repeal of sections 59 and 60 and Parts VI and VII of the Merchant Shipping Ordinance (Cap. 281), the following regulations (hereinafter referred to as the specified regulations

### Merchant Shipping (Safety) (Radio Installations Survey) Regulations 《商船(安全)(無線電裝設檢驗)規例》

1. Citation
(1) These regulations may be cited as the Merchant Shipping (Safety) (Radio Installations Survey) Regulations.
(2) (Omitted as spent—E.R. 4 of 2017)

2. Interpretation

In these regulations, unless the context otherwise requires—
anniversary date (周年日期) means the date in each year corresponding to the date of expiry of the radio certificate; (L.N. 38 of 2000)
Government surveyor (政府驗船師) means a person appointed by the Secretary under section 5 of the Ordinance; (L.N. 106 of 2002; L.N. 130 of 2007; 10 of 2009 s. 46)
Hong Kong ship (香港船舶) means a ship which is registered in Hong Kong;
nominated surveyor (指定驗船師) means a surveyor nominated by the Director to undertake the surveys required by these regulations and includes a Government surveyor; (10 of 2009 s. 46)
radio certificate (無線電證明書) means a cargo ship safety radio certificate; (L.N. 135 of 1992)
radio installation (無線電裝設) means any radio installation provided on board a ship in compliance with the Merchant Shipping (Safety) (Radiocommunications) Regulation (Cap. 369 sub. leg. BB), including its associated antennae, inter-connecting circuits and, where appropriate, sources of electrical energy, and radio equipment for survival craft; (L.N. 135 of 1992; L.N. 95 of 2017; E.R. 4 of 2017)

tons (噸) means gross tons and—
(a) in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg. C), means the larger of those tonnages;
(b) in relation to a ship having its tonnage determined both under Part II and regulation 16 of those regulations, means its gross tonnage as determined under the said regulation 16.

(L.N. 135 of 1992; 23 of 1998 s. 2; L.N. 95 of 2017; 10 of 2009 s. 46 and E.R. 5 of 2021)

### Merchant Shipping (Safety) (Radio Installations Survey) Regulations 《商船(安全)(無線電裝設檢驗)規例》

3. Application and exemption
(1) Subject to subregulation (2), these regulations apply to sea-going Hong Kong ships of 300 tons or more engaged on international voyages except—
(a) passenger ships; and
(b) ships not propelled by mechanical means.
(2) The Director may grant exemptions from all or any of the provisions of these regulations for classes of cases or individual cases on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.