河南省人民代表大会常务委员会关于修改《河南省统计管理条例》的决定
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河南省人民代表大会常务委员会关于修改《河南省统计管理条例》的决定
河南省人民代表大会常务委员会关于修改《河南省统计管理条例》的决定
(2004年11月26日河南省第十届人民代表大会
常务委员会第十二次会议通过)
河南省第十届人民代表大会常务委员会第十二次会议根据《中华人民共和国行政许可法》的规定,决定对《河南省统计管理条例》作如下修改:
一、删去第十五条第一款。
第二款修改为:“进行民间统计调查活动以及境外的组织、个人在本省进行统计调查的,按国家有关规定办理。”
二、第二十条修改为:
“新设立、新迁入的统计调查单位,应当在批准设立、迁入之日起三十日内向当地县级以上人民政府统计主管部门备案。”
“统计调查单位名称、注册登记类型、隶属关系或者主营业务等发生变化,应当将变更事项向县级以上人民政府统计主管部门备案。”
“统计调查单位终止或者迁出,应当在终止或者迁出之日起三十日内向原备案机关备案。”
“固定资产投资新开工和竣工项目,建设单位应当按规定向县级以上人民政府统计主管部门备案。”
三、删去第二十四条第(二)项、第(四)项。
第(三)项修改为:“未经核准发布尚未公布的国民经济和社会发展统计资料的。”
本决定自2005年1月1日起施行。
《河南省统计管理条例》根据本决定修改后,重新公布。
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关于印发《中央国家机关公有住宅出租管理暂行办法》的通知
关于印发《中央国家机关公有住宅出租管理暂行办法》的通知
[97]国管房地字第261号
国务院各部委、各直属机构:
现将《中央国家机关公有住宅出租管理暂行办法》印发给你们,请遵照执行。
一九九七年十二月二十九日
附件:中央国家机关公有住宅出租管理暂行办法
中央国家机关公有住宅出租管理暂行办法
第一条 为加强中央国家机关公有住宅出租管理,根据《城市房屋租赁管理办法》(1995年5月28日建设部第42号令),结合中央国家机关实际情况,制定本办法。
第二条 本办法所称公有住宅出租,系指中央国家机关各部门对享有所有权和国家授权管理的住宅,分配给本单位职工或其他人员居住使用,并收取房屋租金的行为。
第三条 中央国家机关公有住宅出租人和承租人,均需遵守本办法。中央国家机关各部门授权物业管理企业或房管企业管理本单位公有住宅出租的,被授权人应遵守本办法。
第四条 国务院机关事务管理局主管中央国家机关公有住宅出租管理工作。中央国家机关各部门的房地产管理机关主管本单位公有住宅出租管理工作。
第五条 出租公有住宅,当事人须签订书面租赁合同,明确双方的权利与义务。中央国家机关公有住宅的租赁合同,统一使用国务院机关事务管理局制订的《中央国家机关公有住宅租赁合同》。
第六条 交换公有住宅使用权,须经出租人同意并由交换双方签订书面合同。
第七条 承租人必须按期缴纳租金。违约者,应当按合同规定支付0.5%的滞纳金。
第八条 承租人应当爱护并合理使用所承租的住宅及附属设施,不得擅自拆改、扩建或增添。确需变动的,必须征得出租人的同意,并签订书面合同。因承租人过错造成住宅损坏的,由承租人负责修复或赔偿。
第九条 住宅需要装修装饰的,承租人必须向出租人提出书面申请,提供装修装饰设计方案,经出租人同意批准后方可施工。装修装饰施工时,不得影响邻里的正常生活,施工噪音不得超过国家标准。施工渣土、杂物应自行及时清运。
第十条 承租人不得将承租的住宅擅自转租、转让转借、私自交换使用、出卖或变相出卖使用权;不得利用承租住宅进行违法活动。发生上述行为,出租人有权终止合同,收回住宅,索赔损失;并视情节轻重,由承租人所在单位对其作出相应处理。由有关部门没收非法所得。
第十一条 承租人有下列行为之一的,出租人有权终止合同,收回住宅,因此而造成损失的,由承租人赔偿:
(一)擅自将承租的住宅拆改结构或改变用途的;
(二)拖欠房租三个月的,拖欠供暖费三年的;
(三)公有住宅无正当理由闲置六个月以上的;
(四)故意损坏承租住宅的;
(五)法律、法规规定其他可以收回的。
第十二条 出租人、受权管理单位要按照签订的公有住宅租赁合同,对合同履行情况定期进行检查。
出租人或受权管理单位管理不善造成严重后果的,发现承租人擅自转租公有住宅、利用公有住宅进行违法活动而未及时处理的,由本部门或上级纪检监察部门追究其单位领导和直接责任人的责任,上级房管机关有权视情节轻重对有关房产予以处理。
第十三条 违反本办法第十条、第十一条、第十二条,情节严重,构成犯罪的,由司法机关依法追究刑事责任。
第十四条 住宅租赁管理工作人员询私舞弊、贪污受贿或私自出租公有住宅的,由所在单位进行处理,情节严重,构成犯罪的,由司法机关依法追究刑事责任。
第十五条 中央国家机关各部门可参照本办法制定下属企事业单位公有住宅出租管理的实施细则。
第十六条 本办法由国务院机关事务管理局负责解释。
第十七条 本办法自印发之日起施行。
MERCHANT SHIPPING (REGISTRATION) ORDINANCE
MERCHANT SHIPPING (REGISTRATION) ORDINANCE
(CHAPTER 415)
ARRANGEMENT OF SECTIONS
ion.
I PRELIMINARY
hort title
nterpretation
pplication of Ordinance to certain structures, etc.
II ADMINISTRATION
egistrar of Ships
nstructions
rotection of public officers
III THE REGISTER
egister of ships
nspection, etc. of register
ectification of register
Correction of clerical errors in register
IV REGISTRATION OF SHIPS
strable ships and interests
Registrable ships
Registration of property in ships
urement and identification of ships
Tonnage regulations
Tonnage and description of ships
Tonnage of ships registered, etc. outside Hong Kong
Ship names regulations
Rules as to ship names
Marking of ship
stration procedures
Application for registration
Declarations by and on behalf of owners and demise charterers
Evidence on first registration
Refusal of registration
Entry of particulars in the register
Certificate of registry
Retention of documents
Port of registry
isional registration
Application for provisional registration
Entry of particulars in the register on provisional registration
Period of provisional registration
Certificate of provisional registration
Retention of documents on provisional registration
Application of Ordinance in relation to ships provisionally
registered
etc. of certificates and flags
Custody of certificate
Use of improper certificate
Replacement of lost, etc. certificate
Application of preceding sections to certificate of provisional
registry
Proper colours
V TRANSFERS AND TRANSMISSIONS
Application and interpretation of Part V
Transfer of ships
Declaration of transfer
Registration of transfer
Transmission of ship by operation of law
VI MORTGAGES
Definitions in Part VI
Mortgage of ship
Priority of mortgages, etc.
Mortgagee not treated as owner
Mortgagee to have power of disposal
Transfer of mortgage
Transmission of mortgage by operation of law
Discharge of mortgage
Power of disposal by owner
Trusts not recognized
Equities not excluded
VII CLOSURE OF REGISTRATION
es of owners, etc. in relation to registrability of ships
Notice of change of address, etc. of owner
Notice of dissolution, etc. of body corporate owner or charterer
Notice of termination of demise charter
Notice of loss, transfer, etc. of ship
Delivery of foreign certificate of deletion
ure of registration
Owner seeking closure of registration
Closure on receipt of notice concerning registrability
Closure on failure to comply with requirements of Ordinance
Closure on failure to pay fees or charges
Closure on failure of representative person to act, etc.
Closure by direction generally
Issue of certificate of deletion
Delivery of certificate of registry on closure
Register entries relating to mortgages
VIII REPRESENTATIVE PERSONS
Representative person
Notice of change of business by representative person
Notice of intention to cease acting
Duties, etc. of representative person
Notice to replace representative person
IX GOVERNMENT SHIPS
Meaning of "Government ship"
Registrability of Government ships
Application for registration of Government ship
Entry of particulars of Government ship in the register
Certificate of registry of Government ship
Retention of documents relating to Government ship
Transfer of registered Government ship
Application of Ordinance to Government ships
X MISCELLANEOUS
Alterations to ships
Registration a new
Grant of new certificate of registry
Mode of making declarations
Power of Registrar to dispense with declarations, etc.
False declarations or information
Documents, copies and admissibility in evidence
Service of documents
Taking detained ship to sea
Fees and charges regulations
References to ship registered in Hong Kong
Amendment of Schedules
Time limit for criminal proceedings
XI TRANSITIONAL SHIPS
Interpretation of Part XI
Ships registered under the Act
Ships not yet registered under the Act
Entry of particulars in respect of transitional ships
Certificate of registry for transitional ships
Retention of documents for transitional ships
Return of certificates issued under the Act
Transitional ship ceasing to be registrable
Application of Ordinance to transitional ships
XII CONSEQUENTIAL AND SAVINGS PROVISIONS
Application of Merchant Shipping Acts
Savings, amendments and repeals
dule 1. Proper colours of a registered ship
dule 2. Specified Ordinances
dule 3. Application of Ordinance to Government ships
dule 4. Application of Ordinance to transitional ships
dule 5. Amendments and repeals
rdinance to provide for the registration of ships in Hong Kong
and for
ted matters.
ecember 1990] L. N. 366 of 1990
PART I PRELIMINARY
hort title
Ordinance may be cited as the Merchant Shipping
(Registration)
nance.
nterpretation
In this Ordinance, unless the context otherwise requires-
horized surveyor" means a surveyor appointed by a Certifying
Authority
rred to in section 13 for the purposes of the tonnage regulations;
lder's certificate" in relation to a ship, means a certificate
signed
he builder of the ship and containing a true account of-
the proper denomination and tonnage of the ship, as estimated by
him;
the date when and place where the ship was built; and
the name of the person on whose account the ship was built;
tificate of deletion" means a certificate of deletion issued
under
ion 65; "certificate of provisional registry" means a
certificate of
isional registry granted under section 30 and a new
certificate of
isional registry granted under section 35;
tificate of registry" means a certificate of registry granted
under
ion 24, 77 or 98 and a new certificate of registry granted
under
ion 35 or 83; "certificate of survey" means a certificate
granted by
uthorized surveyor under section 14;
tificate or declaration of marking", in relation to a ship, means-
a certificate signed by an authorized surveyor; or
a declaration made in Hong Kong by one or more of the owners or
by the
se charterer of the ship,
ifying or declaring, as the case may be, that the ship's name and
port
egistry have been marked as directed by the Registrar;
mencement date" means the date appointed by the Governor under
section
) for the coming into operation of this Ordinance;
ise charter" means a charter party by which a ship is chartered
or let
emise and under which the demise charterer has the possession of
the
and has sole control of all matters relating to the navigation
and
ation of the ship including employment of the master and crew;
"demise
terer" means the charterer of a ship under a demise charter,
and in
tion to a registered or provisionally registered ship means a
person
stered as demise charterer under this Ordinance;
ector" means the Director of Marine;
eign certificate of deletion", in relation to a ship,
means a
ificate or other document issued by the relevant authority of a
place
ide Hong Kong and certifying or stating, as the case may be, to
the
ct that the ship has been deleted from the register of ships in
that
e;
ernment" means the Government of Hong Kong;
ntity card", in relation to any person, means an identity card
issued
hat person under the Registration of Persons Ordinance (Cap.
177);
tructions" means administrative instructions issued by the
Director
r section 5; "lodged" means delivered to and accepted by the
Registrar
ccordance with this Ordinance;
ter" includes every person (except a pilot) having command or
charge
ny ship;
er", in relation to a registered or provisionally registered
ship,
s a person registered as owner under this Ordinance;
"provisionally
stered", in relation to a ship, means provisionally registered
under
ion 28;
lified person" has the meaning assigned to it by section 11 (4);
ister" means the register of ships kept under section 7;
istered", in relation to a ship, means registered
under this
nance;
istrable", in relation to a ship, means able to be registered
under
Ordinance;
Registrar" means any person appointed as a Registrar of Ships
under
ion 4 (1) and, where the term is used in connection with a power
or
tion for the time being exercised by the Director pursuant to
section
), includes the Director;
resentative person", in relation to a ship, means the
representative
on for the time being appointed in relation to the ship under
section
p" means, subject to section 3, every description of vessel
capable of
gating in water not propelled by oars, and includes any ship, boat
or
t and an air-cushion vehicle or similar craft used wholly or
partly in
gation in water; "tonnage regulations" means regulations as
to the
age of ships made under section 13.
Where in relation to a ship or to any matter connected with a ship
any
ision of this Ordinance-
imposes a duty or liability on either of the owner or demise
charterer
he ship; or
provides for the service of notice on either of the owner or
demise
terer of the ship, the provision shall be construed as imposing
the
or liability or providing for the service of notice-
in the case of a ship registered or to be registered by
virtue of
ion 11 (1) (a), on the owner; or
in the case of a ship registered or to be registered by virtue
of
ion 11 (1) (b), on the demise charterer, but nothing
in this
ection shall prejudice or affect the operation of that provision
in so
as it imposes the duty or liability, or provides for the
service of
ce, as the case may be, on any person other than the owner or
demise
terer.
pplication of Ordinance to certain structures, etc.
Director may by notice published in the Gazette provide that a
thing
gned or adapted for use at sea and described in the notice is
or is
to be treated as a ship for the purpose of any provision of
this
nance specified in the notice, and any such notice may-
make different provision in relation to different occasions; and
if it provides that a thing is to be treated as a ship for the
purpose
provision specified in the notice, provide that the provision
shall
effect in relation to the craft with such modifications as
are so
ified.
PART II ADMINISTRATION
egistrar of Ships
The Director shall in writing appoint one or more public
officers to
egistrars of Ships.
The Registrar shall have such powers, functions and duties
as are
erred or imposed upon him by this Ordinance or any other law.
Without prejudice to subsection (2), the Director shall have and
may
cise the powers and functions of the Registrar referred to in
that
ection.
nstructions
The Director may issue to the Registrar and to other public
officers
administrative instructions not inconsistent with this
Ordinance as
appear to him to be necessary or expedient for the better carrying
out
he provisions of this Ordinance.
The Director shall publish such instructions in such manner as
he sees
Where in this Ordinance there is reference to a specified
form or
er-
that form or manner may be specified by the Director in
instructions;
if the instructions so provide, deviations from the specified
form or
er not affecting the substance thereof shall not invalidate that
form
anner.
The Registrar and any other public officer shall comply
with any
ructions issued to him.
rotection of public officers
No public officer shall be personally liable for any damage,
injury or
suffered or incurred by any person as a result of any act done
or
sion made by the public officer in good faith in the
exercise or
ormance or purported exercise or performance of any power,
function or
under this Ordinance.
The protection conferred on public officers by subsection
(1) in
ect of any act or omission shall not in any way affect any
liability
he Crown in tort for that act or omission.
PART III THE REGISTER
egister of ships
The Registrar shall keep a register of ships
registered or
isionally registered under this Ordinance.
The register shall contain such particulars in respect of
ships,
rs and their respective interests in ships, demise
charterers,
gagees and representative persons as are prescribed.
The register may be kept in legible or non-legible form but if
kept in
legible form any entry in the register shall be capable of
being
oduced in legible form.
nspection, etc. of register
person may, on payment of the prescribed fee-
inspect the register in legible form;
require to be furnished with a copy of, or extract from, any entry
in
register in legible form; or
require such copy or extract to be certified as a true copy by
or on
lf of the Registrar.
ectification of register
Where it appears to any person interested that there is a
material
r in the register, he may apply in writing to the
Director for
ification of the register.
Upon receipt of an application under subsection (1) the Director
may,
n his opinion there is a material error in the register-
direct the Registrar to rectify the register; or
subject to subsection (3), require the applicant to apply to the
High
t for rectification of the register.
Subsection (2) (b) shall not apply in any case where, in the
opinion
he Director, the material error is due to the negligence or wilful
act
mission of the Registrar.
Notice of an application to the High Court under this
section for
ification shall be served by the applicant on the Director
and the
ctor may appear and be heard in the proceedings.
The High Court may, in proceedings under this section-
make such order as it thinks fit concerning the rectification of
the
ster; and
decide any question that it is necessary or expedient to
decide
erning such rectification.
A copy of an order under subsection (5) shall be served
on the
ctor and the Registrar.
The Registrar shall-
comply with any direction to rectify the register under
subsection (2)
upon receipt of the copy of an order served under subsection (6),
and
he order so requires, rectify the register accordingly.
For the purposes of this section-
there is a material error in the register if there is an error
of fact
ubstance in the register;
without limiting the generality of paragraph (a), there is a
material
r in the register if-
an entry is omitted from the register;
an entry is made in the register without sufficient cause;
) an entry wrongly exists in the register; or
there is an error or defect in an entry in the register; and
the reference in paragraph (b) (i) to an entry omitted
from the
ster shall be read as including a reference to a matter
that is
ired or permitted by this Ordinance to be entered, or to remain,
in
register but is not entered in, or is removed from, the register.
The jurisdiction of the High Court under this section may be
exercised
he Registrar of the Supreme Court or a Master thereof.
Correction of clerical errors in register
Registrar may correct, or cause to be corrected, any clerical
error or
ous mistake in the register.
PART IV REGISTRATION OF SHIPS
Registrable ships and interests
Registrable ships
Subject to this Ordinance, a ship is registrable if-
a majority interest in the ship is owned by one or more
qualified
ons; or
the ship is operated under a demise charter by a body corporate
being
alified person (whether or not a majority interest in the
ship is
d by one or more qualified persons), and a representative
person is
inted in relation to the ship.
A registered ship ceases to be registrable if-
being a ship registered by virtue of subsection (1) (a), a
majority
rest in the ship ceases to be owned by one or more qualified
persons;
being a ship registered by virtue of subsection (1) (b)--
the ship ceases to be operated under a demise charter by
a body
orate being a qualified person (whether by reason of the
termination
he demise charter or otherwise);
the ship or any share in or part of the ship is
transferred or
smitted; or
) the rights of the demise charterer under the demise
charter are
gned;
the ship is taken in war or hostilities, as a result of which
the
r or demise charterer has lost control over the operation of the
ship;
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