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

127. False statement or information
(1) Any person who in any form required by, under or for the purposes of this Ordinance, or in any notice or document given, issued or made pursuant to or for the purposes of this Ordinance, makes any statement or furnishes any information which he knows or reasonably ought to know to be false in a material particular commits an offence.
(2) Any person who supplies any particulars or information required to be supplied under section 53 or 66(1), which he knows or reasonably ought to know to be false in a material particular commits an offence. (Amended 16 of 2013 s. 65)
(3) Any person who signs any form required by, under or for the purposes of this Ordinance, or any notice or document given, issued or made pursuant to or for the purposes of this Ordinance, in which any statement or information which he knows or reasonably ought to know to be false in a material particular is made or furnished commits an offence.
(4) Any person who commits an offence against this section shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(5) For the purposes of this section, Ordinance (條例) does not include any regulations made under Part VIII or section 119.

128. Forgery, etc. of certificate
(1) Any person who—
(a) makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other person, a certificate of competency;
(b) fraudulently uses a certificate or copy of a certificate of competency which has been forged, altered, cancelled or suspended or to which he is not entitled; or
(c) fraudulently lends his certificate of competency or allows it to be used by any other person,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.
(2) In this section, certificate of competency (合格證書) means a certificate of competency or of service other than one issued or deemed to be issued under any regulations made under section 73.
(3) Where a person is convicted of an offence under subsection (1) or of the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) in relation to a certificate of competency, or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a certificate of competency, the Authority may cancel, or suspend for any period, the certificate of competency held by such person. (Amended 45 of 1999 s. 8)

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

129. Handing over of documents on change of master
(1) Where a person ceases to be the master of a Hong Kong ship during a voyage of the ship he shall deliver to his successor the documents relating to the ship or its crew which are in his custody and, where he does so, shall make an entry in the ship’s official log book to the effect that he has done so.
(2) Any person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 2.

130. Power to detain ships in certain cases
Where under this Ordinance it is enacted that, under certain conditions, a ship shall not leave the waters of Hong Kong, but, apart from this section, no provision is made under this Ordinance for the detention of the ship under such conditions, the Authority may under such conditions detain the ship until he is satisfied that such conditions no longer apply to the ship.

131. Penalty for taking detained ship to sea
(1) Where under this Ordinance a ship is to be detained, if the ship, after such detention or after service on the master of the ship of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by the Authority or a person authorized by the Authority for that purpose, the master, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.
(2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship—
(a) in addition to any penalty to which he may be liable under subsection (1), each commits an offence against this subsection and is liable on conviction to a fine at level 4 and to imprisonment for 6 months and an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and
(b) shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong,
and all such expenses may be recovered in the same manner as a fine.

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

132. Notice to be given to nearest consular officer where proceedings taken in respect of foreign ship
Where any ship which is not a Hong Kong ship is detained under this Ordinance and where any proceedings are taken under this Ordinance against the master or owner of any such ship but, apart from this section, no provision is made under this Ordinance for giving notice thereof to the consular officer of the country in which the ship is registered, notice shall forthwith be given by the Authority to the nearest consular officer of the country in which the ship is registered, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken, as the case may be.

133. Regulations relating to fees
(1) The Financial Secretary may by regulation prescribe or provide for—
(a) fees to be paid in respect of registration or the grant of certificates, clearances, licences, permits and other documents, or the performance of services or surveys or grant of facilities under this Ordinance; and
(b) fees to be paid whenever by or under this Ordinance the official signature of the Authority or the Superintendent to any certificate, authorization, consent, licence, permit or exemption, or to any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, is requested or required, or wherever a search of any register kept under this Ordinance is granted.
(2) Any fees prescribed under this section may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of the matters to which this Ordinance relates, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter.