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

71. Duties, etc. of representative person
(1) The representative person appointed in relation to a ship shall represent the owner and demise charterer of a ship in respect of all matters concerning the ship’s operation as a registered ship and in particular, but without limiting the generality of the foregoing, shall, on behalf of the owner and demise charterer—
(a) accept service of all documents in respect of legal proceedings against the owner or demise charterer of the ship, which may be served on the representative person pursuant to section 88(2);
(b) where the Director or the Registrar by notice served on the owner, demise charterer or representative person requires the owner or demise charterer to take any action or give any information concerning the ship or the operation of the ship as a registered ship, take such action or give such information within the time specified in the notice or, if no such time is specified, within a reasonable time.
(2) The duties prescribed by subsection (1) shall be in addition to and shall not derogate from any other duties prescribed in relation to a representative person by or under this Ordinance.
(3) Where a representative person is appointed in relation to a ship, subsections (1) and (2) shall apply to that person until—
(a) the appointment by the owner or demise charterer of another representative person in relation to the ship; or
(b) the expiration of a period of 30 days after the date on which a declaration is deposited under section 70(1); or
(c) the registration of the ship is closed; or
(d) that person’s death, if an individual, or winding up or dissolution, as the case may be, if a body corporate,
whichever event occurs first.
(4) Nothing in this section shall be construed as making the representative person appointed in relation to a ship liable in any legal proceedings (whether civil or criminal) for any act or omission of the owner or demise charterer of the ship.

72. Notice to replace representative person
(1) The Director may, if he is satisfied that the representative person for the time being appointed in relation to a ship (not being the owner of the ship)—
(a) does not satisfy the requirements specified in section 68(2); or
(b) has failed to comply with section 71(1) or with any other obligation imposed on him as the representative person by this Ordinance,
by written notice served on the owner or demise charterer and on the representative person, require the owner or demise charterer to replace the representative person within a period of 30 days after the date of service of the notice.
(2) An owner or demise charterer who fails to comply with subsection (1) commits an offence and is liable to a fine at level 2.(Amended E.R. 1 of 2022)

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

73. Meaning of Government ship
In this Part Government ship (政府船舶) means a ship which is owned by the Government.

74. Registrability of Government ships
(1) Subject to this Part, a Government ship is registrable.
(2) Subject to this Part, a registered Government ship ceases to be registrable if—
(a) it ceases to be a Government ship;
(b) the ship is taken in war or hostilities, as a result of which the Government has lost control over the operation of the ship;
(c) the ship is broken up, or is an actual or constructive total loss such that it is no longer capable of being used in navigation;
(d) the ship at the time of registration remains registered in a place outside Hong Kong; or
(e) the ship subsequently becomes registered in a place outside Hong Kong.

75. Application for registration of Government ship
An application for registration of a Government ship shall be made, in the specified form, by the Financial Secretary or by a public officer authorized by him for the purpose, and shall be accompanied by— (Amended L.N. 362 of 1997; L.N. 144 of 2022)
(a) the certificate of survey;
(b) the certificate or declaration of marking of the ship;
(c) evidence, to the satisfaction of the Registrar, of deletion of the ship from the registry of the place outside Hong Kong where the ship was last registered (if any) or, if the ship was last registered concurrently in more than one such place, from the registry of each such place;
(d) such evidence of title as is specified in instructions; and
(e) such other documents or information as may be specified in instructions or as the Registrar may reasonably require.

76. Entry of particulars of Government ship in the register
When the requirements of this Part preliminary to registration have been complied with in relation to a Government ship, the Registrar shall enter in the register the following particulars relating to the ship—
(a) the name of the ship;
(b) such of the details specified in the certificate of survey as the Registrar considers essential for the purposes of registration;
(c) the particulars of the ship’s origin as stated in the application for registration; and
(d) the Government as owner of the ship.

77. Certificate of registry of Government ship
Upon the registration of a Government ship under section 76, the Registrar shall grant a certificate of registry, in the specified form, containing particulars relating to the ship entered in the register pursuant to that section.

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

78. Retention of documents relating to Government ship
Upon the registration of a Government ship under section 76, the Registrar shall retain in his possession the following documents in respect of the ship—
(a) the application for registration;
(b) the certificate of survey;
(c) the certificate or declaration of marking of the ship; and
(d) such evidence of title and other documents as are specified in instructions.

79. Transfer of registered Government ship
(1) For the purposes of registration under this Ordinance, the transfer of a registered Government ship shall be effected by a bill of sale.
(2) The bill of sale shall—
(a) be in the specified form;
(b) show the Government as transferor; and
(c) be signed on behalf of the transferor by the Financial Secretary or by a public officer authorized by him for the purpose. (Amended L.N. 362 of 1997; L.N. 144 of 2022)

80. Application of Ordinance to Government ships
(1) In addition to the provisions of this Part, the provisions of this Ordinance specified in column 2 of Schedule 3 shall apply to Government ships to the extent provided in column 3 of that Schedule.
(2) Except as provided by subsection (1) this Ordinance shall not apply to Government ships.
(3) Nothing in this Ordinance shall make the Government liable to prosecution for an offence in relation to a Government ship.