### Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) Regulations 《商船(安全)(貨船安全設備檢驗)規例》

9. Procedure to be adopted when safety equipment is deficient
(1) Where on a survey pursuant to regulation 5, the surveyor determines that the condition of the safety equipment does not correspond substantially with the particulars of the cargo ship safety equipment certificate, the surveyor shall by a notice in writing inform the owner or master what corrective action in his opinion needs to be done and the time within which it ought to be done and give the Director a copy of the notice.
(2) (a) Where a notice is given under subregulation (1), and the corrective action specified in the notice has not been done or taken within the period specified in the notice, the surveyor shall notify the Director who may, on receipt of such notification, suspend the validity of the cargo ship safety equipment certificate issued in relation to the ship; and
(b) when the validity of a certificate is suspended pursuant to this regulation the Director shall give notice of the suspension to the owner of the ship concerned and to the surveyor by whom the relevant survey was given and the surveyor shall, in turn, notify the master concerned.
(3) When a notice is given pursuant to subregulation (2)(b), the master concerned shall deliver up the certificate issued under these regulations to the surveyor by whom the notice was given on demand and the owner shall deliver up the duplicate certificate to the Director.
(4) When the validity of a certificate has been suspended pursuant to subregulation (2)(b) and the surveyor is satisfied that the notice under subregulation (1) has been complied with—
(a) he shall notify the Director who shall as soon as may be—
(i) lift the suspension;
(ii) inform the relevant owner in writing of the lifting of the suspension; and
(iii) return the duplicate certificate to such owner; and
(b) he shall return the certificate issued in relation to the ship, to the master.
(5) Where the ship proceeds on voyage from Hong Kong to another port before corrective action in accordance with subregulation (1) has been taken, the surveyor shall immediately notify the appropriate authorities of the country in which the port is situated.

10. Amendment of Schedules
The Director may amend the Schedules by notice published in the Gazette.

11. Penalties
The owner or master of a ship who contravenes regulation 4(1), 5(1) or 8(1) commits an offence and is liable to a fine at level 3 and imprisonment for 1 year.
(L.N. 90 of 1999 and 44 of 1999 s. 38; E.R. 2 of 2020) 

### Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations 《商船(安全)(遇險訊號及避碰)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations.

### Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations 《商船(安全)(遇險訊號及避碰)規例》

3. Application
These regulations apply to all ships registered in Hong Kong wherever they may be.

4. Signals of distress
The signals which shall be used by ships to which these regulations apply as signals of distress are those set out in Annex IV to the International Regulations.

5. Collision Regulations
Ships to which these regulations apply shall comply with the provisions of the International Regulations:
Provided that nothing in these regulations shall be taken to require compliance by any ship or class of ships, which by virtue of rule 38 of the International Regulations may be exempted from compliance therewith, with any of the provisions of the International Regulations specified in paragraphs (a) to (h) inclusive of rule 38 thereof, at any time when, by virtue of that rule, that ship or class of ships may be exempted from that provision. 

### Merchant Shipping (Court of Survey) Regulations 《商船(驗船法庭)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Court of Survey) Regulations.

2. Filing of notice of appeal
Where the owner or master of a ship, hereinafter called the appellant, desires to appeal to the court of survey, he shall file with the Director of Marine a notice in the form of Form 1 in the First Schedule.

3. Proceedings for constituting court
Immediately on the filing of the notice of appeal the Director shall inform the Chief Executive, and if the ship is a ship not registered in Hong Kong the Director shall give notice to the consular officer for the state to which the ship belongs and such consular officer may nominate one person to act as a member of the court of survey whose name shall be submitted to the Chief Executive at the same time.
(23 of 1998 s. 2; 10 of 2009 s. 41)

4. Summoning of court
When the Chief Executive has issued his warrant constituting the court, the person appointed to be the president of the court, hereinafter referred to as the president, shall summon the court in the form of Form 2 in the First Schedule.
(10 of 2009 s. 41)

5. Notice to complainant of hearing
If the survey has been made on the complaint of any person, hereinafter called the complainant, the president shall send to him notice of the time and place appointed for the hearing.

6. Forwarding copy of report
Previous to the hearing the Chief Executive shall forward to the president, to be produced as evidence at the hearing, an official copy of the report of the surveyor.
(10 of 2009 s. 41)

7. Time of hearing
The court shall if practicable be summoned to hear the appeal on a day not later than fourteen days from the filing of the notice of appeal.

8. Parties to proceedings
The Chief Executive and the appellant shall be parties to the proceedings.
(10 of 2009 s. 41)

9. Parties by permission
Any other person may by permission of the president of the court be made a party to the proceedings.

10. Calling of witness by Chief Executive’s representative
(Amended 10 of 2009 s. 39)At the hearing the person representing the Chief Executive shall first call his witnesses and, having done so, shall state in writing what order he requires the court to make.
(10 of 2009 s. 39)

11. Calling of witness by complainant
The complainant, if he has appeared, shall then call his witnesses and, having done so, shall state in writing what order he requires the court to make.