| (Cap 281 section 94) [12 February 1973] L.N. 19 of 1973 (L.N. 255 of 1972) Cap 281L reg 1 Citation These regulations may be cited as the Merchant Shipping (Trawler Survey) Regulations. Cap 281L reg 2 Interpretation In these regulations, unless the context otherwise requires- "certificate of survey" (验船证明书) means a certificate of survey issued under regulation 7; "declaration of survey" (验船声明书) means a declaration of survey under regulation 6; "Government surveyor" (政府验船师) means a Government surveyor appointed under section 26 of the Ordinance; "prescribed fee" (订明费用) means the fee prescribed in the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) Cap 281L reg 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. Cap 281L reg 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. Cap 281L reg 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. Cap 281L reg 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. Cap 281L reg 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. Cap 281L reg 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. Cap 281L reg 9 Duration of certificate of survey A certificate of survey shall, subject to regulation 10, be issued for a period not exceeding twelve months. Cap 281L reg 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 two months from the date of expiry. (2) An application for an extension of a certificate of survey shall be made before the expiry of the certificate of survey. Cap 281L reg 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". Cap 281L reg 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. Cap 281L reg 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. Cap 281L reg 14 Approval of suitability in case of new vessels |
