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

21. Cargo ship safety construction certificates and exemption certificates
(1) If the Director is satisfied, on receipt of a declaration of survey in respect of a ship to which section 11 applies and which is registered in Hong Kong, that the ship complies with the cargo ship construction and survey regulations applicable to the ship and such voyages as it is to be engaged on, he shall, on the application of the owner, agent or master, issue in respect of the ship—
(a) if the ship is of not less than 500 tons gross tonnage and is to be engaged on international voyages, a cargo ship safety construction certificate in the form prescribed by the Convention; (Amended 6 of 2000 s. 5; 10 of 2009 s. 9)
(b) in any other case, a cargo ship safety construction certificate showing that it complies with the said regulations.
(2) If the Director, on receipt of a declaration of survey in respect of such a ship, is satisfied that—
(a) the ship is exempt, by virtue of any exercise by him of a power in that behalf conferred on him by this Ordinance or the cargo ship construction and survey regulations, from any of the requirements of those regulations applicable to the ship and to such voyages as it is to be engaged on; and
(b) it complies with the rest of those requirements,
he shall, on the application of the owner, agent or master, issue specified certificates in respect of the ship.
(3) The specified certificates referred to in subsection (2) shall be—
(a) if the ship is of not less than 500 tons gross tonnage and is to be engaged on international voyages—
(i) an exemption certificate stating which of the requirements of the Convention, being requirements implemented by the regulations and applicable as aforesaid, the ship is exempt from and that the exemption is conditional on the ship’s plying on the voyages and complying with the other conditions (if any) specified in the certificate; and
(ii) a qualified cargo ship safety construction certificate showing that the ship complies with the rest of those requirements;
(b) in any other case, a qualified cargo ship safety construction certificate showing that the ship complies with such of the requirements of the cargo ship construction and survey regulations applicable to the ship and to the voyages it is to be engaged on as it is not exempt from.

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

21A. Issue of cargo ship safety certificates
(1) If on—
(a) receipt of a declaration of survey in respect of a ship to which section 11 applies and which is registered in Hong Kong; and
(b) the application of the owner, agent or master of the ship,
the Director is satisfied that—
(i) the ship complies with—
(A) the life-saving appliances regulations;
(B) the fire-fighting appliances regulations;
(C) the radio regulations;
(D) the navigational equipment regulations; and
(E) the cargo ship construction and survey regulations,
applicable to the ship and to such international voyages as it is to be engaged on; and
(ii) the ship is properly provided with the lights, shapes, and means of making sound signals required by the collision regulations,
he may issue in respect of the ship a cargo ship safety certificate showing that the ship complies with such of the requirements of the Convention relating to the matters specified in paragraph (ii) and to the matters for which the regulations set out in paragraph (i) are made.
(2) Unless the context otherwise requires, any reference in this Ordinance to a cargo ship safety equipment certificate, a cargo ship safety radio certificate or a cargo ship safety construction certificate shall, where a cargo ship safety certificate has been issued in respect of a ship, be construed in relation to that ship as a reference to the cargo ship safety certificate, and the other provisions of this Ordinance shall apply accordingly.
(3) Nothing in this section shall derogate from the power to issue a certificate under section 17(1), 18(1) or 21(1).
(Added 6 of 2000 s. 6)

22. Delivery of certificate and declarations
(1) The Director shall, upon the completion of any certificate under this Part, deliver such certificate in duplicate to the owner, agent or master applying for the certificate upon the payment of such fees as may be prescribed.
(2) Any declaration of survey shall be produced for the inspection of the owner, agent or master of the ship to which the declaration relates.

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

23. Notice of alterations and additional surveys
(1) The owner or master of a ship in respect of which any certificate issued under this Part is in force shall, as soon as possible, after any alteration is made—
(a) in the ship’s hull, equipment or machinery affecting the efficiency thereof or the seaworthiness of the ship; or
(b) in the appliances or equipment required by the life-saving appliances regulations, the fire-fighting appliances regulations, the radio regulations, the navigational equipment regulations or the collision regulations to be carried by the ship, being an alteration affecting the efficiency or completeness of those appliances or equipment,
give written notice to the Director containing full particulars of the alteration.
(2) If notice of any alteration is not given as required by this section, the owner or master of the ship commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 5 of 2021)
(3) If the Director has reason to believe that since the making of the last declaration of survey in respect of any ship to which subsection (1) applies—
(a) any such alteration has been made as is mentioned in subsection (1);
(b) the hull, equipment or machinery of the ship have sustained any damage or are otherwise insufficient; or
(c) the appliances or equipment of the ship referred to in subsection (1)(b) have sustained any damage or are otherwise insufficient,
he may, without prejudice to his powers under section 27, require the ship to be surveyed again as he thinks fit, and, if such requirement is not complied with, may cancel any certificate issued in respect of the ship under this Part.
(4) The power of the Director under subsection (3) to cancel a certificate shall be exercisable also where a ship has not been submitted for survey as required by the cargo ship construction and survey regulations.
(5) For the purposes of this section, alteration (改動) in relation to anything includes the renewal of any part of it.

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

24. Availability of certificates
(Amended 10 of 2009 s. 10 and E.R. 5 of 2021)(1) Where a certificate is issued in respect of a ship under this Part, the owner or master of the ship shall ensure that the certificate is kept readily available on board the ship, so long as the certificate remains in force and the ship is in use, for inspection at all reasonable times by—
(a) when the ship is in Hong Kong, a Government surveyor; or
(b) when the ship is in a port in a Convention country, any person duly authorized for that purpose by the government of that Convention country. (Replaced 10 of 2009 s. 10 and E.R. 5 of 2021)
(2) If subsection (1) is not complied with, the owner or master concerned commits an offence unless he has a reasonable excuse, and is liable to a fine at level 2. (Amended E.R. 5 of 2021)
(3) For the purposes of subsection (2)—
(a) compliance by the owner or master shall be deemed to be compliance by both of them; and
(b) an owner or master does not have a reasonable excuse by reason only that he has delegated his responsibility to his agent.