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

34A. Production of documentary evidence of compliance with certificate requirements
(1) This section applies to and only to a ship which is not—
(a) registered in Hong Kong;
(b) a ship holding an accepted Convention certificate;
(c) a passenger ship;
(d) a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548).
(2) The master of a ship to which this section applies shall, at the time a clearance for the ship is demanded in respect of an international voyage or a non-international voyage, produce to the Director documentary evidence to his satisfaction—
(a) in the case of a ship of not less than 500 tons gross tonnage, of compliance with the requirements that would, if it were a ship holding an accepted Convention certificate, be required to be complied with for the purposes of section 34(1) or (1A);
(b) in the case of a ship—
(i) of less than 500 tons gross tonnage; or
(ii) of the same size as a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548),

of compliance with the requirements that would, if it were a ship of the same description registered in Hong Kong, be required to be complied with for the purposes of section 25A(1),
and a clearance shall not be granted and the ship may be detained until such documentary evidence is produced.
(Added 5 of 1993 s. 7. Amended 43 of 1999 s. 91)

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

35. Exemption of certain ships
(1) Subject to sections 25A and 34A, nothing in this Part— (Amended 5 of 1993 s. 8)
(a) prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Director under this Part or the appropriate accepted Convention certificates; or
(b) conferring powers on a Government surveyor for the purpose of verifying the existence, validity or correctness of any Convention certificate or that the conditions on which any such certificate was issued are complied with,
shall apply to any ship of less than 500 tons gross tonnage other than a passenger ship.
(2) Subsection (1) shall not prevent the application—
(a) to any ship of 300 tons gross tonnage or above, of so much of the provisions referred to in paragraphs (a) and (b) of that subsection as relates to certificates issued under section 18 or equivalent accepted Convention certificates;
(b) to any ship to which section 11 applies and which is registered in Hong Kong, of so much of the provisions referred to in paragraph (a) of that subsection as relates to certificates issued under section 21,
by reason only that it is of less than 500 tons gross tonnage.
(3) Notwithstanding that any provision of this Part is expressed to apply to ships not registered in Hong Kong while they are within the waters of Hong Kong, that provision shall not apply to a ship that would not be within such waters but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

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

35A. Interpretation of Part IIA
In this Part—
approved organization (獲批准機構) means an organization approved by the Secretary under section 8(1);
certifying authority (核證當局) means—(a) the Director; or
(b) an approved organization;

e-cert database (電子證書資料庫), in relation to a certifying authority, means an electronic database that is maintained or managed by or for the certifying authority in accordance with the e-cert guidelines;
e-cert guidelines (電子證書指引) means the documents listed in Division 1 of Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents;
e-log guidelines (電子航海日誌指引) means the documents listed in Division 2 of Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents;
listed certificate (表列證書) means—(a) a document listed in column 2 of the Table in Division 1 of Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the document; or
(b) a document listed in column 2 of that Table the subject matter of which is referred to in a provision listed in column 3 of that Table corresponding to the document;

listed log-book (表列航海日誌) means a log-book listed in column 2 of the Table in Division 2 of Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the log-book.

35B. Application
This Part and the Schedule apply to a ship registered in Hong Kong.

35C. Listed certificates may be issued electronically
(1) This section applies to a listed certificate that may be issued by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be issued by a certifying authority in electronic form.
(3) A listed certificate is considered as issued in electronic form only if it is issued in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause a listed certificate issued by it in accordance with this section to be kept in the e-cert database.

35D. Listed certificates may be endorsed electronically
(1) This section applies to a listed certificate that may be endorsed by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be endorsed by a certifying authority in electronic form.
(3) A listed certificate is considered as endorsed in electronic form only if the endorsement is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause an endorsement made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

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

35E. Validity of listed certificates may be extended electronically
(1) This section applies to a listed certificate the validity of which may be extended by a certifying authority under a provision of this Ordinance.
(2) The validity of a listed certificate may be extended by a certifying authority in electronic form.
(3) The validity of a listed certificate is considered as extended in electronic form only if the extension is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause an extension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

35F. Validity of listed certificates may be suspended electronically
(1) This section applies to a listed certificate the validity of which may be suspended by a certifying authority under a provision of this Ordinance.
(2) The validity of a listed certificate may be suspended by a certifying authority in electronic form.
(3) The validity of a listed certificate is considered as suspended in electronic form only if the suspension is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If the validity of a listed certificate is suspended in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on the suspension of its validity is regarded as having been met and physical delivery of the certificate is no longer required.
(5) A certifying authority must cause a suspension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

35G. Validity of listed certificates may be restored electronically
(1) This section applies to a listed certificate the validity of which may be restored by a certifying authority under a provision of this Ordinance.
(2) The validity of a listed certificate may be restored by a certifying authority in electronic form.
(3) The validity of a listed certificate is considered as restored in electronic form only if the restoration is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If the validity of a listed certificate is restored in electronic form, the requirement under any provision of this Ordinance for returning the certificate on the restoration of its validity is regarded as having been met and physical return of the certificate is no longer required.
(5) A certifying authority must cause a restoration made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.