【法规名称】
【法规编号】 58660 什么是编号？
【正 文】
第2页 CAP 548D MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION
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[接上页] "working day" (工作日) means any day other than the following— (a) a general holiday; (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1).(2) A local vessel is certificated under this Regulation if there is in force in respect of it a certificate of ownership. (3) In this Regulation— (a) a reference to a local vessel of any class and of any type is a reference to a local vessel certificated for that class and that type in accordance with section 4; and (b) a reference to a Class I, II, III or IV vessel is a reference to a local vessel certificated for Class I, II, III or IV respectively.(4) A local vessel is licensed under this Regulation if there is in force in respect of it a full licence or a temporary licence. (5) In this Regulation— (a) a reference to a person applying for certification as the owner, in relation to a local vessel, is a reference to a person who pursuant to an application made under section 10, 23 or 26 (including, in the case of section 23, that section as applied by section 29) is to be named as the owner in the certificate of ownership to be issued or endorsed in respect of the vessel; and (b) a reference to a certificated owner, in relation to a local vessel, is a reference to a person who is named as the owner in the certificate of ownership of the vessel that is in force.(6) In this Regulation, a transfer of ownership of a local vessel includes— (a) a transfer of an interest of a joint or part owner in a local vessel to any person; and (b) any disposition of interest in a local vessel by a personal representative of the estate of a deceased owner. Cap 548D s 3 Application of this Regulation Remarks: not yet in operation This Regulation applies to local vessels to which Part IV of the Ordinance applies. Cap 548D s 4 Class and type of local vessels Remarks: not yet in operation PART 2 CERTIFICATE OF OWNERSHIP, FULL LICENCE, TEMPORARY LICENCE AND PERMISSION FOR A LAID-UP VESSEL General (1) A local vessel, where certificated under this Regulation, shall be so certificated for Class I, II, III or IV and for a type specified opposite the relevant class in Schedule 1. (2) Where a local vessel is certificated for a particular class and type, a full licence, a temporary licence, or permission for a laid-up vessel that is issued, renewed, granted or endorsed under section 15, 17, 19, 23 or 26 of this Regulation (including, in the case of section 23, that section as applied by section 29) or section 66 of the Ordinance in respect of the vessel shall be so issued, renewed, granted or endorsed in respect of the vessel as a local vessel of that class and type. Cap 548D s 5 Restrictions on vessels of Classes II and III Remarks: not yet in operation (1) No full licence or temporary licence for a Class II vessel shall permit the vessel to carry more than 12 passengers. (2) No full licence or temporary licence for a Class III vessel shall permit the vessel to carry any passenger. (3) A Class III vessel shall be used exclusively for fishing and related purposes. (4) If a Class III vessel is used in contravention of subsection (3) without reasonable excuse, the owner, his agent and the coxswain each commits an offence and is liable on conviction to a fine at level 3. Cap 548D s 6 Restrictions on Class IV vessels Remarks: not yet in operation (1) A Class IV vessel shall not be used otherwise than— (a) by the owner exclusively for pleasure purposes; or (b) if it has been let to any person, by that person exclusively for pleasure purposes.(2) A Class IV vessel shall not be let for hire or reward unless— (a) it is let under the terms of a written charter agreement or written hire-purchase agreement; (b) the agreement contains a warning that states clearly— (i) that the person to whom the vessel is let commits an offence if he does not comply with section 6(5)(b) of the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap 548 sub. leg. D); (ii) that the person to whom the vessel is let should read carefully section 6 (except subsections (1), (2) and (4)) of the Regulation; and (iii) where in the agreement the full text of those provisions may be found;(c) the agreement contains, either in its body or as its attachment, the full text of this section (except subsections (1), (2) and (4)); (d) the warning and text referred to in paragraphs (b) and (c) are in the same language as that of the remaining parts of the agreement and are presented prominently in the agreement; and (e) the agreement is signed by the owner and the person to whom the vessel is let.(3) A Class IV vessel shall not be let for hire or reward for an intended service that involves the carriage of passengers unless there is in force in respect of the vessel— (a) such certificate of inspection certifying that the vessel is fit for the intended service as is required under the Survey Regulation for a Class IV vessel of the type for which the vessel is certificated; and |
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