### Merchant Shipping (Registration) Ordinance 《商船(註冊)條例》

89. Taking detained ship to sea
(1) Where a ship detained under section 17 or 18 goes to sea or attempts to go to sea before it is released from detention by the Director, the master and the owner or demise charterer commit an offence and each is liable to a fine at level 5 and to imprisonment for 1 year.(Amended E.R. 1 of 2022)
(2) Where a ship—
(a) goes to sea in contravention of subsection (1); and
(b) has on board a public officer acting in the execution of his duty,
the master and the owner or demise charterer—
(i) commit an offence and each is liable, in addition to any penalty to which he may be liable under subsection (1), to a fine at level 4 and to imprisonment for 6 months and to 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(Amended E.R. 1 of 2022)
(ii) are 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 (Registration) Ordinance 《商船(註冊)條例》

90. Fees and charges regulations
(1) The Chief Executive in Council may make regulations providing for or in relation to— (Amended 64 of 1999 s. 3)
(a) fees for the registration and provisional registration of ships and for matters relating thereto, for the issue of certificates of registry, certificates of provisional registry and other documents under the Ordinance;
(b) annual tonnage charges in respect of registered ships;
(c) fees for transfers and transmissions of ships and ship mortgages;
(d) fees for surveys, inspections, and other services and facilities provided, whether in Hong Kong or elsewhere, under or for the purposes of sections 14 and 18;
(e) fees for inspecting the register and for copies of or extracts from entries in the register or copies of or extracts from any certificate or other document forming part of or associated with the register, and for certification of such copies or extracts;
(f) fees for the official signature of the Director or Registrar or of any person on behalf of the Director or Registrar for the purposes of this Ordinance;
(g) fees for any matter in respect of which regulations may be made under section 13 or 16.
(2) Any fees or charges prescribed under subsection (1)—
(a) 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 ports, ships and navigation in the waters of Hong Kong, 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; and
(b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of ship, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of ship, service, facility or matter.
(3) Regulations made under subsection (1) may provide for—
(a) the reduction, waiver or refund of fees or charges in specified circumstances;
(b) the exemption of any ship or class, type or description of ships from the payment of any fee or charge; and
(c) for any such exemption to be granted by the Director or the Registrar.
(4) Fees or charges payable pursuant to regulations made under subsection (1) may be recovered from the owner or demise charterer in the District Court as a civil debt, notwithstanding that the amount is in excess of the sum mentioned in section 33 of the District Court Ordinance (Cap. 336).

91. References to ship registered in Hong Kong
A reference in any Ordinance to a ship registered in Hong Kong shall be construed as a reference to a ship registered or provisionally registered under this Ordinance.

### Merchant Shipping (Registration) Ordinance 《商船(註冊)條例》

92. Amendment of Schedules
The Chief Executive may by order published in the Gazette amend any Schedule to this Ordinance.
(Amended 64 of 1999 s. 3)

93. Time limit for criminal proceedings
An information or complaint relating to an offence under this Ordinance or any regulations made under this Ordinance shall be laid or made within 2 years from the commission of the offence.

94. Interpretation of Part XI
In this Part, Act (法令) means the Merchant Shipping Act 1894 (1894 c. 60 U.K.)* as applied in or extended to Hong Kong immediately before the commencement date.
Editorial Note:
* Please also see following—
(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap. 415 and s. 1 of Schedule 2 to Cap. 508;
(b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap. 281, s. 103 of Cap. 415 and s. 142 of Cap. 478.

95. Ships registered under the Act
(1) Every ship that was, immediately before the commencement date, registered in Hong Kong under the Act, shall be deemed on and from that date to be registered under this Ordinance.
(2) Any entry or record that, immediately before the commencement date, appeared in a register book kept in Hong Kong under the Act in relation to a ship referred to in subsection (1) shall be deemed to be an entry or record in the register kept under section 7 in relation to that ship and to have been made on the date on which, and at the time when, it was made under the Act.
(3) Any—
(a) mortgage or other instrument relating to a ship referred to in subsection (1) made in accordance with the Act and in force immediately before the commencement date; and
(b) endorsement, memorandum or other note made in accordance with the Act on any such mortgage or other instrument and in force immediately before the commencement date,
has effect on and after that date as if it had been made in accordance with the corresponding provision (if any) of this Ordinance.