### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

121B. Disposal of certified copies filed in Marine Register Book of Births and Deaths
Where—
(a) any certified copy filed in the Marine Register Book of Births and Deaths has been recorded in the form of a digital image; and (Amended E.R. 5 of 2021)
(b) the particulars contained in the certified copy have been stored in the manner described in section 121A(3)(b),
the Registrar may destroy or otherwise dispose of the certified copy in such manner as he thinks fit.
(Added 8 of 2006 s. 49)

122. Inquiries into deaths of persons in Hong Kong ships
(1) Subject to subsection (5), where any person dies in a Hong Kong ship—
(a) while the ship is within the waters of Hong Kong, or if the ship enters the waters of Hong Kong as the next port of call after the death, the Superintendent shall hold an inquiry in Hong Kong into the cause of the death; and
(b) in any other case, the Superintendent shall hold an inquiry into the cause of the death at such place as he thinks fit.
(2) The Superintendent holding an inquiry referred to in subsection (1) shall for the purpose of the inquiry be empowered to exercise the powers contained in section 115 of the Merchant Shipping (Safety) Ordinance (Cap. 369), and section 116 of that Ordinance shall apply accordingly.
(3) The Superintendent holding an inquiry referred to in subsection (1) shall make a report of his findings.
(4) The Superintendent shall make a copy of a report referred to in subsection (3) available—
(a) if the deceased person to which the report relates was a seafarer employed in the Hong Kong ship concerned and a person was named as his next of kin in the crew agreement or list of the crew in which the deceased person’s name last appeared, to the person so named; and
(b) in any case, to any person requesting it who appears to the Superintendent to be interested.
(5) No inquiry referred to in subsection (1) shall be held in respect of a death which is, or is to be, the subject of an inquest held by a coroner in Hong Kong.

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

124. Power of Authority to prescribe forms
(1) Subject to any rules made under section 74(2)(e) or any regulations made under section 134(4)(e), the Authority may prescribe the form of any notice or document required by or under this Ordinance to be in the prescribed form and the form of such other notices or documents required for the purposes of this Ordinance as he thinks fit.
(2) For the avoidance of doubt, it is hereby declared that a form prescribed under this section is not subsidiary legislation.

125. Delegations
(1) Subject to subsection (2), where under this Ordinance a function is imposed or a power is conferred upon the Authority or the Superintendent, then the person upon whom such function is imposed or power is conferred may delegate in writing to any public officer to perform on his behalf such function, or to exercise on his behalf such power, as the case may be.
(2) No delegation shall be made under subsection (1) in respect of any function imposed, or power conferred, upon the Authority or the Superintendent, as the case may be, under—
(a) section 74(2) or this section;
(b) any regulations made pursuant to section 72(1)(g), 73(1)(j) or 134(1)(a), (b) or (c);
(c) any provisions of this Ordinance specified in Schedule 1;
(d) any provisions of any regulations made under this Ordinance which are specified in the regulations as provisions which shall not be subject to this section.
(3) A delegate of the Authority or the Superintendent—
(a) shall perform the delegated functions and may exercise the delegated powers as if he were the Authority or the Superintendent, as the case may be; and
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of evidence to the contrary.
(4) The Secretary for Transport and Logistics may, by notice in the Gazette, amend Schedule 1. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

126. Service of notices and documents on registered persons, etc.
(Amended 16 of 2013 s. 2)(1) Any notice or document required or permitted by this Ordinance to be served on a registered person shall be deemed to have been served if it is— (Amended 16 of 2013 s. 2)
(a) delivered to the person personally; or
(b) sent by post to the person at his registered address. (Amended 16 of 2013 s. 2)
(2) Where, for the purposes of this Ordinance, any notice or document is required or permitted to be served on a person (other than a registered person), it shall be deemed to have been served if it is— (Amended 16 of 2013 s. 2)
(a) in any case, delivered to the person personally or left at his last place of abode;
(b) in the case of a notice or document to be served on the master of a ship, where there is one, or on a person belonging to a ship, left for him on board that ship with the person being or appearing to be in charge or command of the ship;
(c) in the case of a notice or document to be served on the master of a ship, where there is no master and the ship is within the waters of Hong Kong, delivered personally to, or left at the last known address of, the owner or charterer of the ship or the agent of the master, owner or charterer or, where no such owner or charterer or agent is known or can be found, it is affixed to a conspicuous part of the ship.
(3) Any person who obstructs the service under this Ordinance of any notice or document on the master of a ship commits an offence and is liable on conviction to a fine at level 2.
(4) Any owner, agent of the owner or master of a ship who is party or privy to an offence against subsection (3) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.
(5) For the purposes of this section, notice or document (通知或文件) includes a copy of a notice or document.