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Shipping Act - Shipping (Registration) Regulations 2002

TONGA

SHIPPING (REGISTRATION) REGULATIONS 2002

ARRANGEMENT OF REGULATIONS

Regulations

1. Title
2. Interpretation
3. Application
4. Tonnage measurement
5. Tonnage certificates
6. Marking vessel
7. Application for registration by a Qualified Person
8. Builder's Certificate
9. Declaration of Qualified Person
10. Registration of vessels required to be registered
11. Registration of Bareboat Charters by Eligible Persons
12. Registration of Vessels by Approved Persons
13. Certificate of Registry
14. Change of ownership
15. Change of owner's particulars
16. Registration of Alterations
17. Transmission of property in a vessel or of interest in a mortgage by operation of law
18. Change of name of registered vessels
19. Registration of Mortgages Shipping (Registration)
20. Registration of Maritime Liens
21. Ranking and effect of Liens
22. Priority of Maritime Liens
23. Statutory Liens
24. Discharge of Maritime Liens
25. Extinction of Maritime Liens by lapse of time
26. Notice of forced sale
27. Effect of forced sale
28. Forms to be used
29. Tonnage Certificate Convention Ships

Schedules

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SHIPPING (REGISTRATION) REGULATIONS 2002

In exercise of the powers conferred by section 206 of the Shipping Act (CAP. 136) the Minister of Marine and Ports, with the consent of Cabinet, makes the following Regulations.

1. Title

These Regulations may be cited as the Shipping (Registration) Regulations 2002.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires-

"Act" means the Shipping Act (CAP. 136);

"Approved surveyor" has the same meaning as in the Act;

"IOPP Certificate" means an International Oil Pollution Prevention Certificate issued under Regulation 5 of Annex I of MARPOL 73/78;

"Person", "Qualified Person", "Approved Person" and "Eligible Person" have the same meaning as in the Act;

"Ship" and "Vessel" have the same meaning as in the Act;

"Secretary" means the Secretary for Marine and Ports;

"Registrar", "Registry" and "Register" have the same meaning as in the Act;

"Underlying Register" has the same meaning as in the Act.

(2) In these Regulations a reference to a Form by number is a reference to the Form so numbered in the Third Schedule of these Regulations.

3. Application

(1) These Regulations shall apply to all vessels required to be registered under section 8 of the Act.

(2) Pursuant to section 13 of the Act; a vessel shall not be registered unless and until there has been filed with the Registrar-

(a) the International Tonnage Measurement Certificate of the vessel;

(b) (i) a Certificate of Survey on Form 4, providing evidence that the vessel is currently in class with one of the classification societies contained in the First Schedule;

(ii) in the case of vessels under 500 gross tonnage, a current survey report from a surveyor acceptable to the Secretary, providing evidence that the vessel is in a seaworthy condition for the intended trade.

(c) a Certificate of Survey providing evidence of compliance with the International Maritime Conventions contained in section 3 of the Act; or

(d) an equivalent to the above documentation as approved by the Minister.

(3) Vessels may only be registered by Qualified Persons, Approved Persons, and Eligible Persons.

(4) The Minister may accept certificates of survey issued by a recognized classification society.

4. Tonnage Measurement

(1) Where applicable, the tonnage of a vessel to be registered shall be ascertained in accordance with Convention, listed in section 3(2)(e) of the Act, as amended from time to time.

(2) The, owner or master of a vessel to be measured shall-

(a) make the vessel available for measurement by an approved surveyor; and

(b) afford all necessary facilities for its inspection and measurement by that surveyor.

(3) The owner or master of a vessel shall produce for surveyor's use and retention any plans, drawings, specification and other documents the surveyor may require.

5. Tonnage Certificates

(1) In the case of a vessel to which the Tonnage Convention applies, a tonnage certificate shall be in the Form No. 5.

(2) In any other case, a tonnage certificate shall be on Form No. 6.

6. Marking of vessel

(1) A vessel shall be marked in accordance with the Carving and Marking Note issued by the Registrar on Form No. 8-

(a) on each side of its stem with its name;

(b) on its stern with the name of the Port of Registry below its name;

(c) on each side of its stem and on each side of its stern by a scale of decimetres, or of metres and decimetres, denoting its draught; and

(d) on its main beam with its official number and gross tonnage.

(2) The marking referred to in sub-paragraphs (1)(a) and (b) shall be in white or yellow letters on a dark ground, or black letters on a light ground, being letters of a height 10 centimetres, of proportionate breadth and of 2 centimetres in thickness.

(3) The marking referred to in sub-paragraph (1)(c) shall be in white or yellow figures on a dark ground, or black figures on a light ground, being figures that are-

(a) welded on or cut into the vessel;

(b) of a length of 120 centimetres and of proportionate breadth; and

(c) in metres and centimetres - at each metre interval and at each intervening 20-centimetre interval.

(4) In the case of a figure denoting the scale of drought of a vessel -

(a) the capital letter "M" must be placed after each meter figure;

(b) the top most figure of the scale must show-

(i) the metres; and

(ii) except where that figure marks a full metre interval - the 10 centimetre intervals denoted by the figure; and

(c) the lower line of each figure must coincide with the draught line denoted by each figure.

(5) An approved surveyor shall inspect the vessel and complete the Carving and Marking Note and the owner of the vessel shall return the certified Carving and Marking Note to the Registrar.

7. Application for registration by a Qualified Person

(1) An Application for Registration of a vessel shall be made on Form No. 1.

(2) Subject to paragraph (3), an application must contain or be accompanied by -

(a) (i) particulars and a description of the vessel;

(ii) the tonnage of the vessel;

(iii) particulars of previous registration, if an existing vessel;

(iv) the name of the owners of vessel proposed to be registered;

(v) a Declaration of Appointment of Agent on Form No. 12, if an agent is appointed; and

(vi) a certificate signed by the builder of the vessel containing information listed in regulation 8;

(b) a list of not less than 3 alternative names, on Form No. 7, numbered in order of preference, under which the vessel is sought to be registered;

(c) a declaration of a Qualified Person on the vessel;

(d) evidence that the vessel is in a seaworthy condition;

(e) if the vessel has been registered under a law of a country other than Tonga, evidence that registration in that country has ceased; and

(f) evidence by Bill of Sale on Form No. 9 that the applicant is the owner of the vessel.

(3) If a certificate referred to in sub-paragraph (2)(a)(vi) cannot be obtained, the applicant shall-

(a) make a declaration to that effect; and

(b) attach the declaration to the application.

8. Builder's Certificate

(1) Subject to paragraph (2), a Builder's Certificate in relation to a vessel shall be on Form No. 2, be signed by the builder of the vessel and include the builder's identification number of the vessel.

(2) Where a vessel has been built in stages by more than one builder-

(a) a Builder's Certificate in relation to the vessel may consist of several documents in accordance of this Regulation, each of which relates to one or more of those stages; and

(b) a Builder's Certificate that relates to all of those stages, or a document referred to in paragraph (a) that relates to more than one of those stages, shall be duly signed by all of the builders responsible for the building work carried out in those stages.

(3) Without limiting the generality of paragraph (2) of this Regulation, where a vessel that is the subject of an application for registration has been altered (whether by the builder or by another person) after its completion, the vessel shall be taken, for that paragraph, to have been built in stages by more than one builder.

9. Declaration of Qualified Person

(1) "qualifying interest" means ownership of the number of shares in the ship.

(2) Every Qualified Person desiring to be registered as the owner or to register a share in the ownership of a vessel, shall complete a declaration that they are entitled to own a vessel and be registered as owner of the vessel or a share of the vessel, which shall-

(a) specify the name and official number of the vessel to which it relates;

(b) specify each person to whom the vessel belongs and-

(i) the address and nationality of that person;

(ii) evidence of the nationality so specified;

(iii) the particular qualifying interest and annex of a copy of the document evidencing that qualifying interest;

(c) be duly signed by each person specified in sub-paragraph (b) of this Regulation; and may consist of several documents in like form that together contain the information required by sub-paragraphs (a) and (b).

(3) A Declaration of Qualified Person for the purpose of this Regulation shall be made on Form No. 3.

10. Regulation of vessels required to be registered

(1) In this Regulation "vessel" means a vessel required to be registered under section 8(1) of the Act.

(2) If the vessel is owned by a Qualified Person and the Application for Registration and all other requirements have been complied with, the Registrar shall upon payment of the fee prescribed in the Second Schedule enter in the Register the following particulars-

(a) official number;

(b) name of vessel;

(c) number and year of registry;

(d) port of registry;

(e) call sign (if any);

(f) date and time of registration;

(g) place of construction;

(h) year of completion;

(i) particulars of the vessel;

(j) in the case of a vessel to which section 16 of the Act applies-

(i) the gross tonnage;

(ii) the net tonnage; or

(iii) any alternative tonnages as shown on the tonnage certificate;

(k) in relation to each person to whom the vessel belongs-

(i) the name, address, and nationality of that person;

(ii) the extent of the interest of that person in the vessel; and

(iii) any other particulars of the Bill of Sale;

(l) in relation to a company to whom a vessel belongs-

(i) the name of the company;

(ii) the name address, and nationality of the officers of the company;

(iii) the registered office of the company;

(iv) the extent of the interest of that company in the vessel; and

(v) any other particulars of the Bill of Sale; and

(m) the name and address of the person who is the Managing Owner or Manager, if any.

(3) Where an entry is made in the Register under section 19 of the Act in respect of a vessel that has previously been registered under that section, the number referred to in sub-paragraph (2) (a) shall be the new registration number.

(4) The Registrar shall, on completing the required entries, append his signature, designation and seal.

(5) The Registrar shall retain-

(a) Application for Registration;

(b) Declaration of Qualified Person;

(c) Builders Certificate;

(d) Notice of Name of Vessel or Change of Name of Vessel;

(e) Completed Carving and Marking Note;

(f) Certificate of Survey;

(g) Appointment of Managing Owner or Manager;

(h) Bill of Sale or certified copy thereof or other evidence of title to the vessel;

(i) any other document or certificate the Registrar considers should be retained.

11. Registration of Bareboat Charters

(1) An Application for Registration of a Bareboat Charter of a ship under section 8 (2) of the Act shall be made to the Registrar in a form prescribed by the Minister.

(2) An Application for Registration of a Bareboat Charter of a ship shall contain:

(a) the name of the vessel;

(b) IMO identification number, if any;

(c) international radio call sign;

(d) Maritime Mobile Service Identity (MMSI) number, if any;

(e) a description of the vessel;

(f) year and place of construction and/or alteration;

(g) particulars of the vessel (length, breadth, moulded depth);

(h) construction material (steel, wood, g.r.p. etc)

(i) gross and net tonnage;

(j) type, number of engines and combined engine power;

(k) status in current registry (country, number etc);

(l) classification society;

(m) the name and particulars of the owner;

(n) the name and particulars of the managing company;

(o) the name and particulars of the bareboat charterers;

(p) those other particulars required by section 11 of the Act

(3) An Application for Registration of a Bareboat Charter of a ship shall be accompanied by a copy of;

(a) the vessel's current Tonnage Certificate;

the vessel's current IOPP Certificate;

(c) evidence of compulsory insurance under the CLC Convention;

(d) a declaration by a recognised classification society that the vessel is in class and a copy of appropriate documentation;

(e) certified copies of all other certificate required by IMO conventions to which Tonga is a Party that are required to be carried under the laws of Tonga;

(f) a declaration by the Eligible Person that he is the Bareboat Charter and is authorised by the owner to register the Bareboat Charter in the Tongan Register and for the vessel to fly the Tongan flag; and

(g) advice from the Registrar in the Underlying Registry that registration in that Registry is being suspended for the period of registration of the Bareboat Charter and that a note has been made in the Underlying Registry of these facts and the particulars of any mortgages that remain registered in the Underlying Register.

(4) If the vessel is chartered by an Eligible Person and the Application for Registration and all other requirements have been complied with, the Registrar shall upon payment of the fee prescribed by the Minister enter in the Register the particulars contained in the Application as follows:

(a) official number;

(b) name of vessel;

(c) number and year of registry;

(d) port of registry;

(e) call sign (if any);

(f) date and time of registration of the Bareboat Charter;

(g) place of construction;

(h) year of completion;

(i) particulars of the vessel;

(j) in the case of a vessel to which section 16 of the act applies

(i) the gross tonnage

(ii) the net tonnage; or

(iii) any alternative tonnages as shown on the tonnage certificate;

(k) particulars of the Bill of Sale;

(l) in relation to a company to whom a vessel is chartered-

(i) the name of the company;

(ii) the name, address and nationality of the officers of the company;

(iii) the registered office of the company;

(iv) the type and duration of the Bareboat Charter; and

(v) any other particulars of the Charter Party the Registrar requires; and

(m) the name and address of the person who is the Charterer's Manager or Agent, if any.

(5) The Registrar shall, on completing the required entries, append this signature and designation and affix the seal.

(6) The Registrar shall retain-

(a) Application for Registration;

(b) Declaration of Eligible Person;

(c) Builders Certificate;

(d) Notice of Name of vessel or Change of Name of vessel

(e) Completed Carving and Marking Note;

(f) Certificate of Survey;

(g) Appointment of Manager or Agent, if any;

(h) Bareboat Charter or certificate copy thereof;

(i) any other document or certificate the Registrar considers should be retained.

12. Registration of Vessels by Approved Persons

(1) An application for Registration of a ship under section 8(3) of the Act shall be made by an Approved Person, or an agent on his behalf, to the Registrar and shall contain:

(a) the name of the vessel;

(b) IMO identification number, if any;

(c) international radio call sign;

(d) Maritime Mobile Service Identity (MMSI) number, if any;

(e) a description of the vessel;

(f) year and place of construction and/or alteration;

(g) particulars of the vessel (length, breadth, moulded depth);

(h) construction material (steel, wood, g.r.p. etc);

(i) gross and net tonnage;

(j) type, number of engines and combined engine power;

(k) status in current registry (country, number etc);

(l) classification society;

(m) the name and particulars of the owner of the vessel;

(n) the original or a certified copy of the Bill of Sale;

(o)the name and particulars of the managing company, if any;

(p) those other particulars required by the Act and those Regulations dealing with the registration of ships by Qualified Persons, as are appropriate.

(2) An Application for Registration of a ship under section 8(3) of the Act shall be accompanied by a copy of;

(a) the vessel's current Tonnage Certificate;

(b) the vessel's current IOPP Certificate;

(c) evidence of compulsory insurance under the CLC Convention;

(d) a declaration by a recognised classification society that the vessel is in class and a copy of appropriate documentation;

(e) certified copies of all other certificates required by IMO conventions to which Tonga is a Party that a re required to be carried under the laws of Tonga; and

(f) a Declaration by the Approved Person in the same or similar format to that Declaration of Qualified Person required under Regulation 9.

(3) If the vessel is owned by an Approved Person and the Application for Registration and all other requirements have been complied with, the Registrar shall upon payment of the fee prescribed by the Minister enter in the Register the following particulars contained in the application as follows:

(a) official number;

(b) name of vessel;

(c) number and year of registry;

(d) port of registry;

(e) call sign (if any);

(f) date and time of registration;

(g) place of construction;

(h) year of completion;

(i) particulars of the vessel;

(j) in the case of a vessel to which section 16 of the Act applies-

(i) the gross tonnage; or

(ii) the name, address and nationality of that person;

(ii) any alternative tonnage as shown on the tonnage certificate;

(k) in relation to each person to whom the vessel belongs-

(i) the name, address and nationality of that person;

(ii)the extent of the interest of that person in the vessel;

(iii) any other particulars of the Bill of Sale;

(l) in relation to a company to whom a vessel belongs-

(i) the name of the company;

(ii) the name, address and nationality of the officers of the company;

(iii) the registered office of the company;

(iv) the extent of the interest of that company in the vessel; and

(v) any other particulars of the Bill of Sale; and

(m) the name and address of the person who is the Managing Owner or Manager, if any.

(4) The Registrar shall, on completing the required entries, append his signature and designation and affix the seal.

(5) The Registrar shall retain-

(a) Application for Registration;

(b) Declaration of Approved Person;

(c) Builders Certificate;

(d) Notice of Name of Vessel or Change of Name of Vessel;

(e) Completed Carving and Marking Note;

(f) Certificate of Survey;

(g) Appointment of Managing Owner or Manager or agent;

(h) Bill of Sale or certified copy thereof or other evidence as to title to the vessel; and

(i) any other document or certificate the Registrar considers should be retained.

13. Certificate of Registry

(1) A Certificate of Registry of a registered vessel shall be on Form No. 14.

(2) A Certificate of Registry of a vessel the Bareboat Charter of which is recorded under section 8(2) of the Act shall be in a form prescribed by the Minister.

(3) A Certificate of Registry of a vessel registered under section 8(3) of the Act shall be on a form prescribed by the Minister.

14. Change of ownership

(1) Where a change occurs in the ownership of a registered vessel, the Registrar shall-

(a) enter details of the change in the Register;

(b) endorse details of the change on the Certificate of Registry of the vessel; and

(c) retain a certified copy of the new Bill of Sale and Declaration of the new owner.

(2) A Bill of Sale for the purposes of section 30 of the Act shall be on Form No. 9 and shall be signed by each transferor and in the case of a corporation shall be under the corporate seal.

(3) A Declaration of the new owner shall on Form No.11 or in a form prescribed by the Minister and where the declaration is by anyone other than a qualified person it shall:

(a) specify-

(i) the name and official number of the vessel;

(ii) the date of the Bill of Sale of Instrument of Transfer to which it relates; and

(iii) each person who is a transferee under the Bill of Sale or Instrument or Transfer and-

(aa) the address and nationality of that person;

(bb) the grounds on which each person claims the nationality so specified;

(cc) a certified copy of that person's birth certificate and current passport shall be attached;

(iv) be duly signed by each transferee;

(v) in relation to a company to which the vessel belongs be duly signed by each transferee and include-

(aa) the name of the company;

(bb) the name, address and nationality of the officers of the company;

(cc) the registered office of the company;

(dd) the extent of the interest of the company in the vessel; and

(ee) any other particulars of the Bill of Sale.

15. Change of owner's particulars

(1) Where a change occurs in the particulars of the owner, or bareboat charterer of a registered vessel, the original owner or charterer shall, within 7 days after the change occurs, file with the Registrar a notice of change of any relevant particulars.

(2) Where a change occurs in the particulars of the mortgagee of a registered vessel, the original mortgage shall within 7 days after the change occurs, file with the Registrar a notice of change of any relevant particulars.

(3) Where any of the persons referred to in paragraphs (1) and (2) ceases to be a Qualified Person, or an Approved Person, or an Eligible Person, that person shall notify the Registrar forthwith.

(4) When the Registrar receives notice of a change in the particulars of an Owner or a Bareboat Charter of a vessel, he shall enter them in the Register.

16. Registration of Alterations

(1) Where a registered vessel is altered so as not to correspond with the particulars in the Register or on the Certificate of Registry, the owner shall within 7 days of the alteration being completed, file a notice of particulars of alteration with the Registrar.

(2) When the Registrar receives notice of particulars of alteration to a registered vessel, he shall enter in the Register any change of the particulars.

17. Transmission of property in a vessel or interest in a mortgage by operation of law

(1) If a transmission of property in a vessel, or an interest in a mortgage of a vessel, occurs by operation of law under sections 39 and 40 of the Act, it shall be authenticated by a Declaration of Transmission affirming that the transferee is a Qualified Person or an Approved Person and shall-

(a) if the transmission is consequent on death, be accompanied-

(i) by probate or letters of administration or other instrument appointing a person as the executor, administrator or other representative of the deceased person; or

(ii) by an official extract of any of those documents; or

(b) if the transmission is consequent on bankruptcy, be accompanied by such evidence as is for the time being receivable in a Court as proof of title of persons claiming under a bankruptcy.

(2) For the purposes of the transmission of ownership of ownership of a vessel under section 40 of the Act, the following documents shall be evidence of such lawful transmission:

(a) in the case of transmission upon the death of a joint owner-

(i) a Death Certificate of the deceased person, or probate or letters of administration of the estate of that person, or a certified copy of any such document; and

(ii) a statutory declaration by a person well acquainted with the facts of the case to the effect that the person referred to in subparagraph (i) is the same person as the joint owner named in the Register.

(b) in the case of transmission upon the death of a sole owner or an owner in common, an instrument appointment appointing a person as the legal personal representative of the deceased person, or a certified copy of such an instrument and nomination of a person or a certified copy of such an instrument and a person as beneficiary under that instrument as transferee of such property in the vessel.

(c) in the case of transmission upon the making of an Order by a Court, a certified copy of the Order.

(3) For the purpose of transmission of mortgage of a vessel under section 41 of the Act, the following documents shall be evidence of such lawful transaction:

(a) in the case of transmission upon the death of a joint mortgage-

(i) a Death Certificate of the deceased person, or probate or letter of administration of the estate of that person, or an certified copy of any such document; and

(ii) a statutory declaration by a person well acquainted with the facts of the case to the effect that the person referred to in subparagraph (i) is the same person as the joint mortgagee named in the Registered.

(b) in the case of transmission upon the death of a sole mortgagee or a mortgagee in common, an instrument appointing a person as the legal personal representative of the deceased person, or a certified copy of such an instrument and the nomination of a person as beneficiary under that instrument as transferee of such property in the vessel;

(c) in the case of transmission upon the making of an Order by a Court, a certified copy of the Order.

(4) (a) A Declaration of Transmission under section 39 and 40 of the Act shall be on the Form No. 11 in the case of a qualified person; or

(b) Where the declaration is by any person other than a qualified person it shall specify-

(i) the name and official number of the vessel;

(ii) the name and address of each person from whom the interests is transmitted;

(iii) the name, address and nationality of each person to whom the interest is transmitted; and

(c) all Declaration of Transmission shall be signed by each person to whom the interest is transmitted.

18. Change of name of registered vessels

(1) A person shall not describe a registered vessel by any name other than the name by which the vessel is for the time being registered.

(2) An application for a change in the name of registered vessel shall be made on Form No.7 and submitted to the Registrar.

(3) The Registrar shall not approve the following classes of names-

(a) names of existing registered vessels;

(b) names approved by the Registrar in respect of vessels in the course of registration;

(c) names that are likely to be confused with or mistaken for names referred in sub-paragraphs (a) and (b);

(d) names that are blasphemous or likely to be offensive to members of the public;

(e) names of, or suggesting connection with, members of the Royal patronage;

(f) names falsely suggesting connection with-

(i) the Crown;

(ii) the Commonwealth of Nations;

(iii) the Government of Tonga, or any other country or of any legal subdivision of another Country;

(iv) the United Nations;

(v) the Defence forces of any Country or an arm of the Defence Forces of any Country;

(vi) a Government department, authority or instrumentality of Tonga; or

(vii) a municipal or other local Government authority; or

(g) names of political parties.

(4) Where the Registrar grants an application under paragraph (2)-

(a) he shall cause the new name to be entered in the Register and endorsed on the vessel's Certificate of Registry; and

(b) this section shall apply in relation to the making of the new name of the vessel under Regulation 7, as if the vessel had been registered by that name.

(5) The prescribed fee for a change of name of a registered vessel is contained in the Second Schedule.

19. Registration of Mortgages

(1) Mortgages shall be in writing on Form No.10.

(2) The amount and type of consideration shall be inserted in the mortgage noting the principal sum, or account current or line of credit and referencing any co-lateral loan agreement.

(3) On presentation of the completed Form 10 to the Registrar and payment of the prescribed fee shall register the mortgage and enter the date and time.

20. Recording of Maritime Liens

(1) Pursuant to Section 32 of the Act the Registrar shall record any maritime lien by making an entry in the Register of-

(a) the name and address of the lien holder for service of notice or documents;

(b) the nature of the claim;

(c) the person against whom the claim is made and the name of the vessel against which the lien is enforceable;

(d) the date of the event which gave rise to the claim; and

(e) the particulars of the action giving rise to the lien against the vessel.

(2) The documents referred to in paragraph (1) shall be open to public inspection and extracts from the Register and copies of such instruments shall be obtainable from the Register.

(3) Where a claim against the owner, demise charterer, manager or operator is secured by a maritime lien on the vessel, the lien holder continues to exercise the right to attach a maritime lien to the vessel to secure claims irrespective of recording, provided title in the vessel has not passed.

(4) The Register shall register a maritime lien on payment of the fee in the Second Schedule.

(5) A registered maritime lien shall continue to be enforceable against the vessel and follow the vessel, not withstanding any change in ownership or of registration or of flag, until the claim is satisfied or the lien has expired by lapse of time.

21. Ranking and effect of Liens

(1) The Registrar shall register maritime liens which they are presented to him.

(2) A registered maritime lien shall rank in priority as against other maritime liens, irrespective of the date of occurrence, according to the following categories:

(a) claims for wages and other sums due to the master, officers, and other members of the vessel, including in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;

(b) claims in respect of loss of life or personal injury occurring, whether on land or, connection with operation of the vessel;

(c) subject to regulation 23, claims for reward for salvage of the vessel;

(d) claims for port, canal, and other waterway dues and pilotage dues;

(e) claims based on tort arising out of physical loss or damage caused by the operation of the vessel other than loss of or damage to cargo, containers and passengers' effects carried on the vessel.

(3) Subject to paragraph (2) of this Regulation, where there is more than one category of maritime lien recorded in respect of the same vessel, the liens are, irrespective of any express, implied, or constructive notice, entitled in priority one over the other of the same category, according to the date and time at which each lien is delivered to the Registrar and recorded, and not according to the date of occurrence giving rise to the lien.

(4) No maritime lien shall attach as set out in sub-paragraphs (b) and (c) of paragraph 2 which arise out of a result from damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimants pursuant to legislation providing for strict liability and compulsory insurance or other means of securing the claims.

(5) A maritime lien shall be extinguished after a period of one year from the date of the event giving rise to the lien.

22. Priority of Maritime Liens

(1) The maritime liens set out in paragraph (2) of registration 21 shall rank in the order listed, provided that maritime liens securing claims for reward for the salvage of the vessel shall take priority over all other maritime liens which have attached to the vessel prior to the time when the operations giving rise to the liens for reward for the salvage of the vessel were performed.

(2) Where a maritime lien securing a subsequent claim for salvage exists, the maritime liens set out in each of the categories described in sub-paragraphs (a), (b), (d) and (e) of paragraph (2) of regulation 21 shall rank equally without preference as between themselves.

(3) The maritime liens securing claims of the vessel shall rank in the inverse order of the time when the claims secured thereby accrued. Such claim shall be deemed to have accrued on the date on which each salvage operation was terminated.

(4) The maritime liens set out in regulation 21(2) shall take priority over registered mortgages and other charges, and no claim shall take priority over such maritime liens or mortgages or charges except where-

(a) in the event of a forced sale of a stranded or sunken vessel following its removal in the interest of safe navigation or the protection of the marine environment, the costs of such removal shall be paid out of the proceeds of the sale before all other claims secured by a maritime lien on the vessel; or

(b) at the time of the forced sale the vessel is in the possession of a shipbuilder or of a vessel repairer and the right of retention exists, such shipbuilder or vessel repair shall surrender possession of the vessel to the purchaser but is entitled to obtain satisfaction of his claim out of the proceeds of sale after the satisfaction of the claims of holders of maritime liens mentioned in regulation 21(2).

23. Statutory Liens

The following claims against the ship be statutory liens-

(a) claims for work carried out at any port, harbour, roadstead or anchorage in connection with the loading or discharging of cargo or fuel, or the disembarkation of passengers on or from a vessel;

(b) claims for the provision of bunkers, claims for the provision of stores, victuals, fuel, towage, claims for the goods, materials or services rendered in respect of the vessel;

(c) claims for the construction, repair, maintenance or alteration of a vessel or to any part thereof or of the equipment, or for equipping a vessel; or

(d) Claims for the enforcement of arbitral awards in respect of maritime claims, or claims for the enforcement of arbitral awards in respect of maritime claims, or claims for the enforcement of local or foreign admiralty judgements in rem;

and may be recorded in the same manner liens.

Provided that such statutory liens-

(i) shall be subject to the maritime liens set forth in regulation 21(2) that have been recorded, assigned or subrogated, or exist at the time of a forced sale;

(ii) shall be extinguished;

(aa) after a period of 6 months, from the time when the claims secured thereby arose unless, prior to the expiry of such period, the vessel has been arrested or seized, such arrest or seizure to a forced sale; or

(bb) at the end of a period of 60 days following a sale to a bona fide purchaser of the vessel, such period to commence in the date on which the sale is registered;

whichever period expires first; and

(iii) shall rank after the maritime liens set out in regulation 21(2), and also after registered mortgages, or other registered charges.

24. Discharge of maritime Liens

Upon being notified by the lien holder in writing of the satisfaction of the lien, the Registrar shall make an entry in the Register that the maritime lien had been discharged.

25. Extinction of Maritime Liens by lapse of time

(1) The maritime liens set out in regulation 21(2) shall be extinguished after a period of one year unless, prior to the expiry of such period, the vessel has been arrested or seized, such arrest or seizure leading to a forced sale.

(2) The one-year period referred to in paragraph (1) shall commence

(a) with respect to the maritime lien set out in regulation 21(2) (a), upon the claimant's discharge from the vessel;

(b) with respect to the maritime lien set out in regulation 21(2) (b) to (c), when the claims secured thereby arise;

and shall not be subject to suspension or interruption provided that time shall not run during any period that the arrest or seizure of the vessel is not permitted by law.

(3) The Registrar shall, when the lien is extinguished by lapse of time, strike out the recorded lien.

26. Notice of Forced Sale

(1) Prior to a forced sale of a vessel, the Registrar shall provide notice of the sale to-

(a) the authority in charge of registration;

(b) all holders of recorded liens and registered mortgages, provided that the competent authority conducting the forced sale receives notice of the respective claims; and

(c) the registered owner of the vessel.

(2) Such notice shall be provided 30 days prior to the forced sale and shall contain-

(a) the date, time and place of the forced sale and particulars of the forced sale or proceedings leading to the forced sale; or

(b) if the date, time and place of the forced sale determined with certainty, not less than 7 days prior to the forced sale, the anticipated place of the forced sale and particulars of the forced sale.

(3) Notice shall be-

(a) in writing;

(b) given by registered mail;

(c) by any electronic or other appropriate; or

(d) given by publication in a Tongan newspaper or such other publication as is necessary.

27. Effects of Forced Sale

(1) In the event of a forced sale, all recorded lien, claims for reward of salvage of the vessel, registered mortgages and other charges, except those assumed by the purchaser with the consent of the holders, and all liens and other encumbrance of whatsoever nature shall cease to attach the vessel provided that;

(a) at the time of the sale, the vessel is within Tonga;

(b) the sale has been effected in accordance with the Laws of Tonga; and

(c) the requirements of regulation 26 have been complied with.

(2) After the vessel is sole, the proceeds of the sale be allocated in the following priority;

(a) to costs and expenses arising out of the arrest or seizure and subsequent sale of the vessel namely-

(i) costs for the upkeep of the vessel;

(ii) costs for the upkeep of the crew;

(iii) crew wages and other costs referred to in 2(a) above incurred from the time of arrest or seizure;

(b) to any claims secured by liens both recorded, claims for salvage, mortgages or other charges against the vessel;

(c) to the owner of the vessel.

(3) Where a vessel registered in Tonga is the subject of a forced sale, the Supreme Court may upon application by the purchaser order that the vessel is sold free of all liens, mortgages or other charges, except those assumed by the purchaser.

(4) Upon production of such Order the Registrar shall delete all liens, mortgages or other charges, except those assumed by the purchaser, and register the vessel in the name of the purchaser, or issue a certificate of deregistration for the purchaser of new registration, as the case may be.

28. Forms to be used

The forms in the Third Schedule shall be used in respect of applications, transactions or declarations where required by the Regulations.

29. Other Procedures

The Minister may prescribe procedures for-

(a) Provisional Registration of vessels outside Tonga;

(b) the issuance of Safe Manning Certificates;

(c) the issuance of a Ship's Radio Station Licence;

(d) the issuance of Exemption Certificates;

(e) any other statory [sic] certificates.

SCHEDULES

First Schedule List of approved Classification Societies

Second Schedule Fees

Third Schedule Index of Forms

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FIRST SCHEDULE

Regulation 3

List of Approved Classification Societies

No vessel shall be registered or reregistered under Part III of the Act unless, at the time of application for registration or re-registration, such vessel is classed by one of the following classifications societies:

The Minister may add Classification Societies to this list.

______

SECOND SCHEDULE

Fees

1. Initial registration fees

(1) In this paragraph, the gross tonnage gross tonnage of a vessel means the gross tonnage of the vessel as prescribed in its Tonnage Certificate.

(2) The fee payable on the registration of a vessel is an amount calculated at the rate of $1.00 for each gross ton of the vessel.

(3) The minimum fee payable for initial registration or re-registration shall be for a vessel-

(4) The registration fee payable in respect of the registration of a vessel includes the issue of a Carving and Marking Note, provision of forms and document under the issue of a Provisional Registration Certificate or Registration Certificate.

2. Annual registration fees

(1) In this paragraph, the gross tonnage of the vessel means the gross tonnage of the vessel as recorded in the Register.

(2) The annual registration fee for a vessel is an amount calculated at the rate of 50 cents for each gross ton of the vessel with a minimum fee of US$25.

3. Services fees

Service fees may be charged as follows-

T$

_____

THIRD SCHEDULE

Index of Forms

1. Application for Registration (Regulation 7) shall be on Form No. 1

2. Builder's Certificate (Regulation 8) shall be on Form No. 2

3. Declaration of Qualified Person (Regulation 9) shall be on Form No. 3.

4. Certificate of Survey (Regulation 3) shall be on Form No. 4.

5. Tonnage Certificate - Convention Vessel (Regulation 5(1)) shall be on Form No. 5.

6. Tonnage Certificate-Non-Convention Vessel (Regulation 5(2)) shall be on Form No.6.

7. Notice of Name of a Vessel or Change of Name of a Vessel (Regulations 7(2) (b) and 18(2)) shall be on Form No. 7.

8. Carving and Marking Note (Regulation 6(1)) shall be on Form No. 8.

9. Bill of Sale (Regulation 7(2) (f) and 14(2)) shall be on Form No. 9.

10. Mortgage (Regulation 20) shall be on Form No. 10.

11. Declaration of Qualified Person on Transfer of Vessel (Regulations 14(3) and 17(4) (a)) shall be on form No. 11.

12. Declaration of Appointment of Agent (Regulation 11(2) (a) (v)) shall be on Form No. 12.

13. Appointment of Managing Owner or Manager (Regulation 11(2)) shall be on Form No. 13.

14. Certificate of Registry (Regulation 13) shall be on Form No. 14.

15. Certificate of Provisional Registry (Regulation 14(1)) shall be on Form No. 15.

16. Transcript or Certified Copy shall be on Form No. 16.

17. Report of Change of Master (Regulation 13(2)) shall be made on Form No. 17 and endorsed on the reverse of the Certificate of Registry.

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KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 1

APPLICATION FOR VESSEL REGISTRATION
(Shipping (Registration) Regulations 2002, Regulation 7)

*For Registry Office Five PARTICULARS OF SHIP

DETAILS OF PROPOSED OWNERS (see note)

Seal

NOTE: This application must be made by the owner or the owner's agent. If an agent is employed, the agent will be required to prove the agency by the production of a written authority under the hand of the owner, or if the owner is a corporation, under the seat of the corporation.

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 2

BUILDER'S CERTIFICATE
(Shipping (Registration) Regulations 2002, Regulation 8)

*For Registry Office Five PARTICULARS OF SHIP

FOR WHOM BUILT

NOTE: 1. If the builder is a corporation the certificate shall be signed on behalf of the corporation by an officer of the corporation authorised for that purpose and under the seal of the corporation.

2. If the certificate is signed on behalf of an unregistered partnership then one of the partners must sign on its behalf.

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 3

DECLARATION OF QUALIFIED PERSON
(Shipping (Registration) Regulations 2002, Regulation 9)

PARTICULARS OF SHIP

The above ship is described in more detail in the certificate of survey and the register book

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 4

CERTIFICATE OF SURVEY
(Shipping (Registration) Regulations 2002, Regulation 3)

PARTICULARS OF SHIP

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 5

TONNAGE CERTIFICATE (CONVENTION VESSEL
(Shipping (Registration) Regulations 2002, Regulation 5(1))

Issued under the provisions of the International Convention on Tonnage Measurement of Ships, 1969, under the authority of the Government of ............................................................................................................................................................

(full official designation of country)

for which the Convention came into force on ............................. 3 November ......1999.....
by.......................................................................................................:...............................................
(full official designation of the competent person or organisation recognised under the provisions of the International Convention on Tonnage Measurement of Ships, 1969)

*Date on which the keel was laid or the ship was at a similar stage of construction (Article 2(6)), or date on which the ship underwent alterations or modifications of a major character (Article 3(2) (b)), as appropriate.

MAIN DIMENSIONS

THE TONNAGES OF THE SHIP ARE:

GROSS TONNAGE........................................................................
NET TONNAGE.............................................................................

This is to certify that the tonnages of this ship have been determined in accords International Convention of Tonnage Measurement of Ships, 1969.

Issued at.................................................... ..........................20....

(place of issue of certificate) (date of issue)

.................................
(signature of official issuing the certificate)
and/or
(seal of issuing authority)

This is to certify that the tonnages of this ship have been determined in accordance with the provisions of the International Convention of Tonnage Measurement of Ships, 1969.

Seal

...........................................

(Signature)

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 6

TONNAGE CERTIFICATE (NON-CONVENTION VESSEL)
(Shipping (Registration) Regulations 2002, Regulation 5(2))

Issued under the provisions of the internationally accepted method, under the authority of the Government of .............................................................................................

(full official designation of country)
by .......................................................................:........:...........................:..................................... (full official designation of the competent person or recognised organisation)

*Date on which the keel was laid or the ship was at a similar stage of construction, or date on which the ship underwent alterations or modifications of a major character.

MAIN DIMENSIONS

THE TONNAGES OF THE SHIP ARE:

GROSS TONNAGE...............................................................:.....

NET TONNAGE...........................................................................

This is to certify that the tonnages of this ship have been determined in accordance with the internationally accepted method.

Issued at .................................... .................... 20......

(place of issue of certificate) (date of issue)

................................................
(signature of official issuing the certificate)
and/or
(seal of issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

Seal

....................................
(Signature)

_______

KINGDOM OF TONGA

Ship Registration
FORM NO. 7

NOTICE OF NAME OR CHANGE OF NAME OF A SHIP

Port of ......................................

NOTES:
(1) Intended Port of Registry
(2) Non-Propelled, sail, motor or auxiliary motor-screw
(3) Name of builder if new ship
(4) Present name of registered ship
(5) Name of person or company from whom purchased
(6) New name of ship requested.

*Delete as appropriate.

_________

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 7

NOTICE OF NAME OR CHANGE OF NAME OF A SHIP
(Shipping (Registration) Regulation 2002, Regulation 7(2)(b) and 18(2))

Port of ......................................

NOTES:
(1) Intended Port of Registry
(2) Non-Propelled, sail, motor or auxiliary motor-screw
(3) Name of builder if new ship
(4) Present name of registered ship
(5) Name of person or company from whom purchased
(6) New name of ship requested.

*Delete as appropriate.

________

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 8

CARVING AND MAKING NOTES
(Shipping (Registration) Regulations 2002, Regulation 6(1))

PARTICULARS OF SHIP

The above ship is described in more detail in the certificate of survey and the register book

Every ship shall before registry in ....... be marked permanently and conspicuously to the satisfaction of the Registrar as follows:

(a) The name shall be marked on each of her bows, and her name and the name of her port of registry shall be marked on her stem, on a dark ground in white or yellow letter, or on a light ground in black letters, such letters to be of a length not less than four inches, and of proportionate breadth.

(b) The official number and the number denoting her register tonnage shall be cut in on her main beam.

(c) The marks required by this section shall be permanently continued and no alteration shall be made therein, except the event of any of the particulars thereby denoted being altered in the manner provided by the Act.

(d) On a certificate from a surveyor of ships or a steamship inspector that a ship may be detained until the insufficiency or inaccuracy has been remedied to the satisfaction of the Registrar.

_______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 9

BILL OF SALE
(Shipping (Registration) Regulations 2002, Regulation 7(2)(f) and 14(2))

*For Registry Office use PARTICULARS OF SHIP

NOTES: 1. If the owner is a Corporation the Bill of Sale should be made on behalf of the Corporation by an Officer of the Corporation authorised for the purpose and under the seal of the Corporation.

2. The expression "Transferor" and "Transferee" used in this document shall include their heirs, successors, assigns, executors and administrators or any other legal representative.

_______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 10

MORTGAGE
(Shipping (Registration) Regulations 2002, Regulation 20)

PARTICULARS OF SHIP

TRANSFER OF MORTGAGE

NOTES: l. The expression "mortgagee" and "mortgagor" used in this document shall include their heirs, successors, assigns, executors, administrators or any other legal representative.

2. The prompt registration of a Mortgage Deed at Port of Registry of the ship is essential to the security of the mortgagee (See Section 47 of the Canada Shipping Act).

3. Registered mortgagees are reminded of the importance of keeping the Registrar of Ships informed of any change of residence on their part.

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 11

DECLARATION OF QUALIFIED PERSON ON TRANSFER OF VESSEL
(Shipping (Registration) Regulations 2002, Regulation 14 (3), and 17(4) (a))

PARTICULARS OF SHIP

NOTES: l. If there is more than one owner, whether individual or joint, a separate declaration must be completed by each owner.

2. If the transmission takes place by virtue of marriage or is consequent on death or bankruptcy, the declaration of transmission shall be accompanied by the document required by................... of the.....................Shipping Act.
3. Qualifications to own a ship registered in.............are set out................of the Shipping Act.

4. Declaration shall be made before a Registrar or Justice of the Peace, or a Commissioner for Oaths, or a Consular Officer or before any person authorised by law to administer oaths wherein the declaration is made.

_________

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 12

AGENT
(Shipping (Registration) Regulations 2002, Regulation 7(2)(a)(v))

To the Registrar of Ships ................20..........

If the owner is a corporation the appointment should be trade on behalf of the corporation by an officer of the corporation authorised for the purpose and under the seal of the corporation..

_______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM N0. 13

APPOINTMENT OF MANAGING OWNER OR MANAGER
(Shipping (Registration) Regulations 2002, Regulation 11(2))

To the Registrar of Ships ..............................20.........

If the owner is a corporation the appointment should be made on behalf of the corporation by an officer of the corporation authorised for the purpose and under the seal of the corporation.

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 14

CERTIFICATE OF REGISTRY
(Shipping (Registration) Regulations 2002, Regulation 13)

PARTICULARS OF SHIP

NOTE: A Certificate of Registry is not a document of title. It does not necessarily contain notice of all changes of ownership and in no case does it contain an official record of any mortgages affecting the ship. In case of any change of ownership, it is important for the change to be registered.
Should the vessel be lost, sold to foreigners or broken up, notice thereof, together with the Certificate of Registry, if in existence, should immediately be given to the Registrar of Ships at the ship's Port of Registry.

_____

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 15

PROVISIONAL CERTIFICATE OF REGISTRATION
(Shipping (Registration) Regulations 2002, Regulation 14(1))

PARTICULARS OF SHIP

NOTE: State the circumstances under which the Provisional Certificate is ranted as set out in the Declaration to obtain a Provisional Certificate of the Registry made by a person having knowledge of the facts.

This Provisional Certificate of Registry must, within ten days after the first subsequent arrival of the ship at a port of Discharge in ................be delivered up by the Master to the Registrar of ships at its Port of Registry.

_____

KINGDOM OF TONGA

CERTIFICATE

OF

REGISTRY

NAME OF VESSEL:................................

ENDORSEMENT OF CHANGE OWNERSHIP

_____

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 16

TRANSCRIPT
(Shipping (Registration) Regulations 2002)

PARTICULARS OF SHIP

DETAILS OF CURRENT OWNERS

______

KINGDOM OF TONGA
(Section 206, Shipping Act (Cap. 136)

Ship Registration
FORM NO. 17

REPORT OF CHANGE OF MASER OF THE UNDERMENTIONED SHIP
(Shipping (Registration) Regulations 2002, Regulation 13(2))

TO BE SEND TO.........................................................................................PORT OF REGISTRY

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