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

61. Closure on failure to comply with requirements of Ordinance
(1) The Registrar may, where it appears to him in relation to a registered ship that—
(a) the owner of the ship has failed to comply with section 54(1)(b), 57(1) or 58(1);
(b) the representative person has failed to comply with section 55(1);
(c) the demise charterer of the ship has failed to comply with section 56(1), 57(1) or 58(1); or
(d) a person has contravened section 86,
serve on the owner, demise charterer or representative person, and on each mortgagee (if any) of the ship, a notice stating—
(i) that it appears to the Registrar that there has been a failure to comply with or a contravention of the relevant section specified in this subsection by the owner, representative person, demise charterer or other person, as the case may be; and
(ii) that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to close the ship’s registration unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner or demise charterer within the period.
(2) As soon as practicable after the end of the period referred to in subsection (1)(ii) the Registrar shall close the ship’s registration unless he is satisfied that it would be inappropriate to do so by any representations made pursuant to that subsection.
(3) The Registrar may exercise the power to close a ship’s registration vested in him by subsection (2) whether or not—
(a) legal proceedings are brought against any person in respect of any failure to comply or contravention specified in subsection (1); or
(b) the ship ceases to be registrable.

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

62. Closure on failure to pay fees or charges
(1) The Registrar may, where it appears to him that any fee or charge (or any part thereof) relating to a registered ship and imposed under this Ordinance remains due and unpaid, serve on the owner, demise charterer or representative person, and on each mortgagee (if any) of the ship, a notice specifying the fee or charge which remains due and unpaid and stating that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to close the ship’s registration unless—
(a) the specified fee or charge is paid within that period; or
(b) he is satisfied by any representations made to him by or on behalf of the owner or demise charterer within the period that it would be inappropriate to close the ship’s registration.
(2) As soon as practicable after the end of the period referred to in subsection (1), the Registrar shall close the ship’s registration unless—
(a) the specified fee or charge is paid within that period; or
(b) he is satisfied by any representations made pursuant to that subsection that it would be inappropriate to close the ship’s registration.
(3) The Registrar may exercise the power to close the ship’s registration vested in him by subsection (2) whether or not legal proceedings are brought against any person for recovery of the fee or charge.

63. Closure on failure of representative person to act, etc.
(1) Where in relation to a registered ship—
(a) the Director is satisfied that the representative person appointed in relation to the ship (being the owner of the ship) has failed to comply with section 71(1) or with any other obligation imposed on him by this Ordinance; or
(b) it appears to the Director that the owner or demise charterer has failed to comply with section 68(1)(b) or (3) or with a notice served on the owner or demise charterer under section 72(1) within the time specified in that section,
then, whether or not—
(i) legal proceedings are brought against the owner, demise charterer or representative person in respect of any such failure to comply; or
(ii) the ship ceases to be registrable,
the Director may direct the Registrar to close the registration of the ship.
(2) Upon receipt of a direction under subsection (1) the Registrar shall record the giving of the direction in the register and the ship’s registration shall thereupon be closed.

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

65. Issue of certificate of deletion
Where the registration of a ship is, or is deemed to be, closed under this Ordinance, the Registrar shall issue to the owner a certificate of deletion in the specified form certifying that the ship’s registration is closed and the date of such closure.

66. Delivery of certificate of registry on closure
(1) Upon the issue of a certificate of deletion in respect of a ship, the owner or master of the ship shall deliver the ship’s certificate of registry or certificate of provisional registry, as the case may be, or cause the certificate to be delivered, to the Registrar—
(a) forthwith, if the ship is in Hong Kong; or
(b) if the ship is not in Hong Kong, as soon as practicable and in any case within a period of 30 days after the date of issue of the certificate of deletion.
(2) An owner or master who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 2.(Amended E.R. 1 of 2022)

67. Register entries relating to mortgages
(1) Where the registration of a ship is closed under this Part, the closure shall not affect any existing entry in the register so far as the entry relates to any undischarged registered mortgage of that ship or of any share in it.
(2) In subsection (1) existing entry in the register (當時在註冊紀錄冊內的記載事項), in relation to a ship, means an entry existing in the register at the time of closure of the ship’s registration.

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

68. Representative person
(1) For the purposes of section 11 the owner or demise charterer of a ship shall—
(a) appoint a person satisfying the requirements specified in subsection (2) to be the representative person in relation to the ship; and
(b) ensure that, so long as the ship remains registered, a person satisfying those requirements is appointed.
(2) The representative person shall be—
(a) a qualified person and the owner or part owner of the ship; or
(b) a body corporate incorporated in Hong Kong which is engaged in the business of managing, or acting as agent for, ships.
(3) The owner or demise charterer of a ship in relation to which any representative person is for the time being appointed shall, in the event of any change in the identity, or in the address, of the representative person, notify the Registrar of the name and address of the new representative person, or (as the case may be) of the new address, within a period of 30 days after the change occurs.
(4) The Registrar shall enter in the register particulars notified to him under subsection (3).
(5) An owner or demise charterer who fails to comply with subsection (1)(b) or (3) commits an offence and is liable to a fine at level 2.(Amended E.R. 1 of 2022)

69. Notice of change of business by representative person
(1) A representative person appointed in relation to a ship (not being the owner of the ship) shall, in the event that he ceases to engage in the business of managing, or acting as agent for, ships, give notice in writing of that event to the Registrar and the owner or demise charterer within 30 days after the occurrence thereof.
(2) A representative person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 2.(Amended E.R. 1 of 2022)

70. Notice of intention to cease acting
(1) A representative person appointed in relation to a ship (not being the owner of the ship) who intends to cease acting as the representative person shall—
(a) give notice in writing of his intention to the owner or demise charterer of the ship; and
(b) deposit with the Registrar a declaration that he has given such notice.
(2) A notice given under subsection (1) shall have effect in accordance with section 71.