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

35H. Listed certificates may be cancelled, revoked or withdrawn electronically
(1) This section applies to a listed certificate that may be cancelled, revoked or withdrawn by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be cancelled, revoked or withdrawn by a certifying authority in electronic form.
(3) A listed certificate is considered as cancelled, revoked or withdrawn in electronic form only if the cancellation, revocation or withdrawal is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If a listed certificate is cancelled, revoked or withdrawn in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on its cancellation, revocation or withdrawal is regarded as having been met and physical delivery of the certificate is no longer required.
(5) A certifying authority must cause a cancellation, revocation or withdrawal made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

35I. Exhibiting and keeping of listed certificates electronically by making them available for viewing from electronic device on board
(1) If the exhibiting or keeping of a listed certificate, or a copy of the certificate, on board the ship to which the certificate relates is required under a provision of this Ordinance, the requirement is also met—
(a) by making the certificate readily accessible for viewing from an electronic device on board the ship; and
(b) if the device is not functioning properly—by producing a printout of the certificate on board the ship.
(2) In subsection (1)—
exhibiting (陳示), in relation to a document, includes the display or posting up of the document;
printout (打印本) includes a copy of a printout.

35J. Making and keeping of entries and records in listed log-books electronically
If an entry or record is required to be made or kept in a listed log-book under a provision of this Ordinance, the requirement is also met by making or keeping the entry or record in the log-book in electronic form—
(a) in an electronic device on board the ship to which the log-book relates; and
(b) in accordance with the applicable requirements set out in the e-log guidelines.

35K. Power of Secretary to amend Schedule
(1) The Secretary may, by notice published in the Gazette, amend the Schedule.
(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.

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

36. Equipment of passenger ships
(1) Every passenger ship to which section 9 applies shall—
(a) have the ship’s compasses properly adjusted from time to time, to the satisfaction of a Government surveyor and in accordance with regulations or such directions as may be issued by the Director; and
(b) be provided with such shelter for the protection of deck passengers, if any, as the Director, having regard to—
(i) the nature of the passage;
(ii) the number of deck passengers to be carried;
(iii) the season of the year;
(iv) the safety of the ship; and
(v) any other circumstance,
may require.
(2) If any passenger ship to which section 9 applies goes to sea from Hong Kong without having its compasses adjusted or without protection for deck passengers in contravention of subsection (1), the owner or the master commits an offence and is liable—
(a) in the case of the owner, to a fine at level 5 and to imprisonment for 2 years; and
(b) in the case of the master, to a fine at level 4 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)
(3) If any requirement of this section or of regulations as to the number of permissible passengers is not complied with in the case of any passenger ship, the Director shall not grant a clearance and if any such ship attempts to go to sea without a clearance, the Director may detain it.

37. Restriction to decks on which passengers may be carried
(1) A ship shall not carry passengers on more than one deck below the water line.
(2) The owner and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable to a fine at level 3. (Amended E.R. 5 of 2021)

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

38. Excess passengers
(1) A ship shall not within the waters of Hong Kong carry any passengers in excess of the number allowed by the passenger certificate, or, where the ship has no passenger certificate, the ship shall not—
(a) carry any passengers if the ship is not fit to do so under the provisions of this Ordinance, or would not be fit to do so under those provisions if they applied to the ship;
(b) carry any passengers in excess of the maximum number which the ship is fit to carry under the provisions of this Ordinance, or would be fit to carry under those provisions if they applied to the ship.
(2) The owner, agent and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable—
(a) on conviction upon indictment to imprisonment for 4 years and to a fine of $10,000 and an additional fine of $5,000 for each excess passenger; and
(b) on summary conviction to imprisonment for 2 years and to a fine of $10,000 and an additional fine of $5,000 for each excess passenger. 
(3) For the purposes of this section every person carried in a ship, other than—
(a) a person employed or engaged in any capacity on board the ship on the business of the ship; and
(b) a child under 1 year of age,
shall, until the contrary is proved, be presumed to be a passenger on that ship.
(4) Where the Director for the purpose of enabling persons to be moved from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under this Ordinance other than this section, the carriage of that excess of persons shall not be an offence under this Ordinance.
(5) The owner or agent of any ship shall not be guilty of an offence under subsection (2) if he proves that—
(a) the passengers involved in the offence were shipped without his knowledge or consent; and
(b) he derived no profit, benefit or advantage from the shipping of the passengers.
(6) In any proceedings for an offence under this section, a certificate purporting to be signed and issued by the Director for the purposes of this subsection shall be admitted in evidence on its production without further proof; and unless it is proved that the certificate has not been signed by the Director, it shall be presumed until the contrary is proved that any statement therein to the following effect is true, that is to say a statement that a ship is not fit to carry passengers under the provisions of this Ordinance or would not be fit to do so under those provisions if they applied to the ship, or a statement of the maximum number of passengers a ship is fit to carry under the provisions of this Ordinance or would be fit to do so under those provisions if they applied to the ship.