Answer ... Documentary requirements and process: An application for registration is made to the Hong Kong Ship Registry on a prescribed form (all the forms can be downloaded at www.mardep.gov.hk/en/forms/home.html), which includes the consent of the representative person.
Completion of the application form requires:
- the particulars of the ship, its owners and demise charterers (if any); and
- details of their qualifications to own a ship, such as evidence of incorporation of a company.
In the case of a demise chartered ship, the application must also include:
- the consent of the owner of the ship;
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a declaration by both the owner and demise charterer that:
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- the demise charterer is qualified to register the ship as a demise charterer in Hong Kong;
- the demise charterer will have possession and control of the vessel; and
- the vessel will not be registered elsewhere; and
- a certified true copy of the demise charterparty.
At registration, the following should be produced to the registry:
- evidence of the proposed owner’s title by way of the builder’s certificate, bill of sale or court order vesting title to the ship in the owner;
- proof that the ship is free of encumbrances and evidence of deletion of the ship from its previous registry (if any) or, if the ship was last registered concurrently in more than one place, from the registry of each such place;
- the certificate of survey confirming the tonnage and major particulars of the ship; and
- evidence of marking the name on the ship.
If it is not possible to produce the original title documents at the time of registration, the ship can be provisionally registered for a period of one month, during which the original title documents should be submitted to the registry. Provided that adequate reasons for delays are given, it is possible to renew provisional registrations for a further period of one month for any one application at a time.
Effect of registration: Once a ship is registered in Hong Kong:
- the ship can enjoy the benefits in connection with flying the Hong Kong flag; and
- the government of the Hong Kong Special Administrative Region will exercise its jurisdiction over the ship.
The ship’s title and mortgage registered on the register are binding under the Merchant Shipping (Registration) Ordinance.
Effect of deregistration: If the owner or the demise charterer of a registered ship wishes to close the ship’s registration, it must:
- obtain the consent of all registered mortgagees (if any) to the closure; and
- give notice in writing to the registry that it wishes to close the ship’s registration, together with evidence of the mortgagee’s consent to closure.
The registry will issue a deletion certificate as directed by the owner on receipt of such application. This certificate may be issued whether the ship is sold or is transferred by its owner to another register.
The registry also has the power to close the register for any ship for various reasons, including:
- non-payment of fees;
- failure of the owner or the representative to comply with the requirements of the Merchant Shipping (Registration) Ordinance; or
- any other reason based on which it appears to the registry that the ship may have ceased to be registrable.
A demise charterer is obliged to notify the registry within seven days of termination of the demise charter, following which the ship is no longer entitled to be registered.
The closing of the registration of a ship by the registry does not affect any existing entry on the register as regards any undischarged mortgage. The mortgagee will also receive 30 days’ notice from the registry, so as to allow time for the mortgagee to request that a new mortgage be registered under a new register.
If a ship is lost by reason of it being taken in war, or if a ship is broken up or is a total loss, the owner should advise the registry and the register will be closed.
No export licence or other governmental consent is required for the sale of a Hong Kong registered ship or the closure of the register. Following deregistration, the certificate of registry should be returned to the registry.