### Merchant Shipping Ordinance 《商船條例》

93. Voyages without certificated officers
(1) Subject to section 92, a trawler shall not commence any voyage unless such vessel is provided with at least a duly certificated trawling master and trawler engineer and the master for the time being of any trawler contravening the provisions of this subsection shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years. (Amended 63 of 1970 s. 3; 73 of 1974 s. 12)
(2) Any person who—
(a) having been engaged as a trawling master—
(i) goes to sea in command of a trawler without being entitled to do so under section 92; or
(ii) uses the trawler of which he is in command for the purpose of fishing in waters in contravention of section 92;
(b) having been engaged as a trawling engineer, goes to sea on a trawler without holding a certificate of competency as a trawling engineer;
(c) employs any person to act as a trawling master in command of a trawler without ascertaining that such person is entitled to do so under section 92; or
(d) employs any person to act as a trawling engineer on a trawler without ascertaining that such person holds a certificate of competency as a trawling engineer,
shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 12 months. (Replaced 63 of 1970 s. 3. Amended 73 of 1974 s. 12)
(Amended E.R. 3 of 2022)

### Merchant Shipping Ordinance 《商船條例》

94A. Certificates of competency for trawling masters, etc.
(1) The Director shall cause examinations to be held in respect of persons who wish to obtain certificates of competency as trawling masters or trawling engineers, and shall appoint examiners for that purpose. Every such appointment shall be notified in the Gazette.
(2) The Director of Marine may make rules prescribing or providing for—
(a) the standards of competency to be attained and other conditions to be satisfied (subject to any exceptions allowed by or under the rules) by candidates for any examination conducted under subsection (1);
(b) the procedure for and the method of conducting any such examination;
(c) the subjects to be taken at any such examination for the manner in which those subjects are to be specified;
(d) fees and forms in relation to any such examination; and
(e) the method of granting certificates of competency and copies of such certificates.
(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of the appropriate charge, provide a copy of the rules to any person who applies to him in that behalf.
(Added 73 of 1974 s. 5)

95. Application of other provisions to trawlers
Every trawling master, owner and agent shall comply with—
(a) section 3(1)(a) as if the trawler were a ship trading within or from the waters of Hong Kong;
(b) the Merchant Shipping (Seafarers) Ordinance (Cap. 478) as to all matters relating to the employment and discharge of crew; and
(c) the relevant regulations made under the Merchant Shipping (Seafarers) Ordinance (Cap. 478) as to the provisions of medicines and medical stores on the appropriate scale as if the trawler were proceeding to a place outside Hong Kong.
(Replaced 44 of 1995 s. 143)

108. Power to detain ship in certain cases
Where under this Ordinance it is enacted that, under certain conditions, a ship shall not leave the waters of or any port of Hong Kong, the Director may under such conditions detain the ship until he is satisfied that the provisions of the law have been fulfilled.
(Amended 61 of 1989 s. 13)[cf. 1894 c. 60 s. 692(3) U.K.]

### Merchant Shipping Ordinance 《商船條例》

109. Penalty for taking detained ship to sea
(1) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years. (Amended 73 of 1974 s. 12)
(2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship—
(a) in addition to any penalty to which he may be liable under subsection (1), shall each be guilty of an offence against this subsection and shall each be liable on conviction to imprisonment for 6 months and to a fine at level 4 and an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and
(b) shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong,
and all such expenses may be recovered in the same manner as a fine. (Replaced 73 of 1974 s. 12)
(Amended E.R. 3 of 2022)[cf. 1894 c. 60 s. 692(1) U.K.]

112. Use of official log and articles of agreement as evidence
In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions.
[cf. 1894 c. 60 s. 239(6) U.K.]

### Merchant Shipping Ordinance 《商船條例》

113. Service of documents
(1) Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served—
(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; and
(b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in charge or command of the ship;
(c) if the document is to be served on the master of a ship, where there is no master and the ship is in Hong Kong on the managing owner of the ship, or if there is no managing owner on some agent of the owner residing in Hong Kong, or where no such agent is known or can be found by affixing a copy thereof to the mast of the ship. (Amended 61 of 1989 s. 13)
(2) Any person who obstructs the service under this Ordinance of a document on the master of a ship shall be guilty of an offence and shall be liable on conviction to a fine at level 2.
(3) Any owner, agent or master of a ship who is party or privy to an offence against subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.
(Amended 73 of 1974 s. 12; E.R. 3 of 2022)[cf. 1894 c. 60 s. 696(1) U.K.]