【法规名称】
【法规编号】 58658 什么是编号？
【正 文】
第2页 CAP 548E MERCHANT SHIPPING (LOCAL VESSELS) (TYPHOON SHELTERS) REGULATION
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[接上页] (b) the length of the vessel as recorded in the previous licence does not exceed the permitted length overall specified in column 3 of the Schedule in relation to a typhoon shelter specified in column 2 of that Schedule opposite the reference to that length overall but the length overall of the vessel in fact exceeds such permitted length overall in relation to the typhoon shelter,the Director may, by endorsement on the previous licence, permit the vessel to enter and remain in the relevant typhoon shelter. (2) Upon the expiry of the previous licence referred to in subsection (1), the Director may, by endorsement on an operating licence issued in place of the previous licence, give the same permission as is mentioned in that subsection. Cap 548E s 6 Local vessels entering or leaving typhoon shelters Remarks: not yet in operation (1) Subject to subsection (2), local vessels entering or leaving a typhoon shelter shall proceed one at a time. (2) Where a local vessel which is permitted to tow under any provision of the Ordinance is engaged in towing within a typhoon shelter, it shall tow only one vessel in a chain or not more than two vessels alongside. Cap 548E s 7 Local vessels to be anchored, etc. as directed Remarks: not yet in operation (1) The Director may direct a local vessel within a typhoon shelter to take up a particular position and to be berthed, moored, anchored or secured in accordance with the direction. (2) Unless directed to do so under subsection (1), a local vessel shall not take up any position or be berthed, moored, anchored or secured— (a) in a typhoon shelter so as to obstruct the free access of other vessels to any unoccupied space in the typhoon shelter; or (b) in a passage area. Cap 548E s 8 Power to remove local vessels in typhoon shelters Remarks: not yet in operation (1) If a local vessel— (a) enters or remains in a typhoon shelter in contravention of section 4(2), (4) or (5); (b) enters or remains in a typhoon shelter in contravention of a prohibition under an endorsement made or a direction given under section 4(6), (7) or (8); (c) fails to take up a particular position as directed by the Director under section 7(1) or to be berthed, moored, anchored or secured in accordance with the direction; (d ) takes up a position or is berthed, moored, anchored or secured in a typhoon shelter or passage area in contravention of section 7(2),the Director may, subject to subsections (2) and (3), take possession of the vessel and remove it from the typhoon shelter or move it from the position in which it is lying. (2) Subject to subsection (3), the Director shall give to the owner of the vessel concerned, his agent or the coxswain of the vessel not less than 7 days' notice in writing of any proposed exercise of his powers under subsection (1) and the notice shall state the reason therefor. (3) The Director may exercise his powers under subsection (1)— (a) at any time after notice of the proposed exercise of his powers under subsection (1) is given, notwithstanding that the period of the notice has not expired, if a strong monsoon signal or a tropical cyclone warning signal is issued by the Hong Kong Observatory; or (b) without giving notice, if the owner of the vessel concerned, his agent or the coxswain of the vessel cannot be found or if, in the opinion of the Director, the vessel is abandoned.(4) If any person on board a local vessel obstructs the Director in the exercise of his powers under subsection (1), the Director may evict such person from the vessel. (5) The Director may use such force as may be necessary for the exercise of his powers under subsection (1) or for the purposes of subsection (4). Cap 548E s 9 Production of licence or permit, etc. Remarks: not yet in operation The Director may require the owner of a local vessel, his agent or the coxswain of the vessel to produce any licence, permit or other relevant documents issued in respect of the vessel— (a) for inspection for the purpose of ensuring compliance with this Regulation; or (b) for endorsement under section 4(6)(a) or (b) or 5. Cap 548E s 10 Offences Remarks: not yet in operation (1) Subject to subsection (2), in the event of— (a) a contravention of section 4(2), (4) or (5), 6 or 7(2); (b) a contravention of a prohibition by an endorsement made or a direction given under section 4(6), (7) or (8); (c) a failure to comply with a direction given under section 7(1) or a requirement under section 9,the owner of the vessel concerned, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2. (2) It shall be a defence for a person charged with an offence under subsection (1) to show that the offence was committed without his knowledge and that he had taken all practicable steps to prevent the commission of the offence. Cap 548E s 11 Appeals Remarks: not yet in operation (1) Any person aggrieved by the exercise of the power conferred on the Director under section 4(6), (7) or (8) may appeal to the Administrative Appeals Board. |
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