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

62. Power to exempt
(1) The Director may exempt any ship or class of ships from this Part or the load line regulations if he is satisfied that the sheltered nature and conditions of voyages undertaken by such ships make it unreasonable or impracticable to apply this Part or the load line regulations.
(2) The Director may exempt any ship which embodies features of a novel kind from any of the provisions of this Part or the load line regulations the application of which may seriously impede research into the development of such features and their incorporation in ships engaged on international voyages.
(3) The Director may, in relation to a ship which does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, exempt the ship from this Part and the load line regulations while the ship is engaged on that voyage; but no exemption shall be conferred unless the Director is satisfied that the ship complies with such safety requirements as are, in his opinion, adequate for the voyage which is to be undertaken by the ship.
(4) Any exemption conferred under this section may be conferred subject to such conditions as the Director thinks fit; and where any such exemption is conferred subject to conditions, the exemption shall not have effect unless those conditions are complied with.

63. Issue of exemption certificates
(1) Where the Director exempts a ship under section 62 he shall issue an International Load Line Exemption Certificate to the owner or master of the ship.
(2) Any certificate issued under this section shall be in such form, and shall be issued in such manner, as may be prescribed by the load line regulations.

64. Endorsement of exemption certificates
While any certificate issued under section 63 is in force in respect of a ship, there shall be endorsed on the certificate such information relating to—
(a) periodical inspections of the ship in accordance with the load line regulations; and
(b) any extension of the period for which the certificate was issued,
as may be prescribed by the regulations.

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

65. Subdivision load lines
(1) Where in pursuance of the passenger ship construction regulations a passenger ship registered in Hong Kong is marked with subdivision load lines, and the lowest of those lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 49, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.
(2) Where in pursuance of the passenger ship construction regulations, or in pursuance of the Convention or any law of any country made for the purpose of giving effect to the Convention, a passenger ship, not being a ship registered in Hong Kong, is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of section 59, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.

66. Miscellaneous and supplementary provisions
(1) Section 28 and section 32 shall have effect in relation to any certificate which can be issued under this Part as they have effect in relation to a certificate under Part II.
(2) Any certificate issued under this Part shall be admissible in evidence.

67. Offence in respect of dangerously unsafe ship
(1) If—
(a) a ship in Hong Kong; or
(b) a ship registered in Hong Kong which is in any other port,
is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship’s hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (2), the master and the owner shall each commit an offence and be liable to a fine of $500,000 and to imprisonment for 2 years.
(2) It shall be a defence in proceedings for an offence under subsection (1) to prove that at the time of the alleged offence—
(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters set out in subsection (1) which are specified in the charge; or
(b) it was reasonable not to have made such arrangements.
(3) A prosecution under this section may only be commenced by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

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

69. Liability for costs and damages
(1) If a court of survey is satisfied that a ship detained under section 68 was not unsafe at the time of detention the Government shall be liable to pay to the owner of the ship— (Amended 10 of 2009 s. 22)
(a) his costs of and incidental to the detention and survey of the ship; and
(b) compensation for any loss or damage sustained by him by reason of such detention and survey.
(2) If a court of survey is satisfied that a ship detained under section 68 was unsafe at the time of detention the owner, agent or master of the ship shall be liable to pay to the Government the costs of and incidental to such survey and detention. (Amended 10 of 2009 s. 22)
(3) For the purposes of this section the costs of and incidental to the detention and survey of a ship shall include—
(a) a reasonable amount in respect of remuneration of—
(i) the surveyor appointed under section 68(2); and
(ii) the assessor (if any) approved under section 68(5); and
(b) the costs of proceedings before a court of survey, to be determined, in case of any dispute, by the Registrar of the High Court. (Amended 25 of 1998 s. 2)

70. Power to require security for costs from complainant
Where a complaint is made to the Director that a ship for the time being in Hong Kong is unsafe within the meaning of section 67 he may require the complainant to give such security as the Director may determine for such costs and compensation as the Government may become liable to pay in respect of the detention and survey of the ship: (Amended 10 of 2009 s. 23)
Provided that where the complaint is made by one-fourth, not being less than 3, of the seamen belonging to the ship and is not, in the opinion of the Director, frivolous or vexations—
(a) such security shall not be required to be given; and
(b) the Director shall cause the complaint to be investigated to determine whether he should make an order for the detention of the ship under section 68. (Amended L.N. 386 of 1993)

71. General provisions in respect of detention order
(1) A copy of any order for the detention of a ship made under section 68 and a copy of any order varying or adding to such order shall be served by the Director as soon as possible on the owner, agent or master of the ship.
(2) For the purposes of any survey of a ship ordered under section 68, any person authorized to make the survey shall have all the powers conferred by section 115.