### Merchant Shipping (Trawler Survey) Regulations 《商船(拖網漁船檢驗)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Trawler Survey) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
certificate of survey (驗船證明書) means a certificate of survey issued under regulation 7;
declaration of survey (驗船聲明書) means a declaration of survey under regulation 6;
Government surveyor (政府驗船師) means a Government surveyor appointed under section 26 of the Ordinance;
prescribed fee (訂明費用) means the fee prescribed in the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg. F). (E.R. 5 of 2022)

3. Survey of trawlers
(1) Every trawler shall be surveyed once at least in each year in the manner provided in these regulations.
(2) A survey of a trawler shall include a survey of its hull, machinery and equipment for the purpose of certifying that it is fit for the service intended.

4. Trawler not to operate without certificate of survey
(1) No trawler shall operate unless the master has in his possession a valid certificate of survey relating to the trawler.
(2) A trawler may be detained by the Director until a valid certificate of survey is produced to him.

5. Application for survey
(1) The owner, agent or master of a trawler shall cause the trawler to be surveyed under regulation 3.
(2) An application for a survey under regulation 3 or 12(3) shall be made to the Director, accompanied by the prescribed fee for the survey and issue of a certificate of survey.

6. Conduct of survey and declaration of survey
(1) A survey of a trawler shall be carried out by a Government surveyor.
(2) In carrying out a survey, a Government surveyor shall comply with the Instructions to Surveyors contained in the First Schedule.
(3) If, on completion of a survey, a Government surveyor is satisfied as to the sufficiency and good condition of the hull, machinery and equipment of a trawler he shall make a declaration of survey in Form 1 in the Second Schedule and forward it to the Director.

7. Issue of certificate of survey
The Director shall, on receipt of a declaration of survey, issue to the owner, agent or master applying for the same a certificate of survey in Form 2 in the Second Schedule.

8. Display of certificate of survey
The owner, agent or master of a trawler shall cause the certificate of survey in respect of the trawler to be exhibited in some conspicuous part of the trawler while the certificate remains in force and the trawler is in use.

### Merchant Shipping (Trawler Survey) Regulations 《商船(拖網漁船檢驗)規例》

9. Duration of certificate of survey
A certificate of survey shall, subject to regulation 10, be issued for a period not exceeding 12 months.
(E.R. 5 of 2022)

10. Extension of certificate of survey
(1) The Director may, on receipt of the prescribed fee, extend the validity of a certificate of survey for a period not exceeding 2 months from the date of expiry. (E.R. 5 of 2022)
(2) An application for an extension of a certificate of survey shall be made before the expiry of the certificate of survey.

11. Issue of duplicate certificate of survey
(1) If the Director is satisfied that a certificate of survey has been lost, destroyed or defaced he may, on receipt of the prescribed fee, issue a duplicate certificate of survey.
(2) A duplicate certificate of survey issued under paragraph (1) shall be endorsed in a conspicuous place with the word “Duplicate”.

12. Cancellation of certificate of survey
(1) The Director may cancel a certificate of survey if he has reason to believe that—
(a) the declaration of survey has been fraudulently or erroneously made;
(b) the certificate of survey has been issued upon false or erroneous information;
(c) since the making of the declaration of survey, the hull, machinery or equipment of the trawler has sustained injury or has become otherwise insufficient; or
(d) the certificated trawling master is not properly maintaining the hull, machinery and equipment of the trawler.
(2) As soon as possible after the cancellation of a certificate of survey, the Director shall, by notice in writing served either personally or by registered post, inform the owner, agent or master of the trawler of the cancellation and of the reasons therefor.
(3) If a certificate of survey is cancelled on any ground specified in paragraph (1)(a), (b) or (c), the Director may require the owner, agent or master to apply to have the hull, machinery or equipment of the trawler surveyed again and may, on receipt of a declaration of survey, re-issue the certificate of survey or issue a new certificate of survey.

13. Surrender of cancelled certificates of survey
A certificate of survey which is cancelled under regulation 12 shall be delivered on demand to the Director by the owner, agent or master.

### Merchant Shipping (Trawler Survey) Regulations 《商船(拖網漁船檢驗)規例》

14. Approval of suitability in case of new vessels
(1) Without prejudice to regulation 3, the Director may give approval of suitability as a trawler in respect of a vessel the keel of which is laid on or after the coming into operation of these regulations if the vessel is constructed in accordance with plans approved by the Director.
(2) For the purposes of paragraph (1), plans in respect of the matters prescribed in paragraph 3 of the First Schedule shall be submitted to the Director for examination and approval before construction of a vessel is commenced.
(3) The prescribed fee shall be paid for examination of such plans.

15. Appeal
(1) A person aggrieved by a decision of the Director under regulation 10 or 12 may, within 14 days after being informed of the decision, by notice in writing delivered to the Registrar of the High Court appeal to such judge, district judge, or magistrate as the Chief Justice may nominate, and upon appeal such decision may be confirmed, varied or set aside. (25 of 1998 s. 2)
(2) A person aggrieved by a decision of a Government surveyor under regulation 6 may, within 14 days after being informed of the decision, by notice in writing lodged with the Director, object to that decision and the Director may confirm, vary or set aside the decision of the Government surveyor.
(E.R. 5 of 2022)

16. Penalty
Any owner, agent or master of a trawler who contravenes regulation 3, 4, 8 or 13 shall be guilty of an offence and shall on conviction be liable to a fine at level 1 and imprisonment for 6 months. 
(E.R. 5 of 2022) 

### Merchant Shipping Ordinance 《商船條例》

1. Short title
This Ordinance may be cited as the Merchant Shipping Ordinance.