【法规名称】
【法规编号】 58660 什么是编号？
【正 文】
第3页 CAP 548D MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION
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[接上页] (b) such policy of insurance in respect of third party risks as is required under the Insurance Regulation for a Class IV vessel of the type for which the vessel is certificated, having regard to the intended service.(4) If, without reasonable excuse, subsection (1), (2) or (3) is contravened the owner of the vessel, his agent and the coxswain each commits an offence and is liable on conviction to a fine at level 3. (5) Where a Class IV vessel is let for hire or reward— (a) the owner, his agent and the coxswain shall ensure that there is kept on board the vessel— (i) the relevant written charter agreement or written hire-purchase agreement; and (ii) if any passenger is carried in the vessel, the certificate of inspection and the policy of insurance referred to in subsection (3), or certified copies of them;(b) the person to whom the vessel is let shall ensure that throughout the period when the person is in possession of the vessel— (i) the vessel is not used otherwise than by him exclusively for pleasure purposes; and (ii) the documents referred to in paragraph (a) are kept on board the vessel; and(c) the coxswain shall, on request by an authorized officer, produce for inspection the documents referred to in paragraph (a).(6) A person who without reasonable excuse contravenes subsection (5), commits an offence and is liable on conviction to a fine at level 2. (7) A person to whom a Class IV vessel is let does not have a reasonable excuse for contravening subsection (5)(b)(ii) merely because the person's contravention is attributable to the contravention by the owner, his agent and the coxswain of subsection (5)(a). (8) For the purpose of this section, a Class IV vessel is to be regarded as being used by a person exclusively for pleasure purposes if— (a) in the case of the person being an individual, the vessel is used to carry the individual, his family members, relatives, friends and employees, and family members, relatives and friends of his employees, for their pleasure purposes; or (b) in the case of the person being a club, company, partnership or association of persons, the vessel is used to carry its members and employees, and family members, relatives and friends of those members and employees, for their pleasure purposes.(9) If a person to whom a Class IV vessel is let under a hire-purchase agreement is named in the certificate of ownership as owner by virtue of section 9(b), then subsections (3) and (5) apply neither to the hire-purchase agreement nor to the vessel as far as that agreement is concerned. Cap 548D s 7 Agent Remarks: not yet in operation (1) A person who— (a) is the certificated owner of a local vessel; or (b) is a person applying for certification as the owner in relation to a local vessel,may appoint another person as his agent for the purposes of this Regulation. (2) A person may be appointed as an agent only if the person— (a) is a person referred to in section 12(1)(a) or (b) of the Ordinance; and (b) has a shore address in Hong Kong.(3) A person ("principal") shall, before having another person act for him as his agent for the purposes of this Regulation— (a) deliver to the Director— (i) a notice of appointment signed by the principal and the agent which shall, if the agent is an individual, contain a declaration made by the agent that the agent is ordinarily resident in Hong Kong; and (ii) the document of identification of the agent or a certified copy of it; and(b) if the principal is the certificated owner of the vessel, produce to the Director the certificate of ownership and pay the prescribed fee.(4) The notice of appointment shall contain— (a) if the principal is the certificated owner of the vessel, the certificate of ownership number; (b) if the principal is a person applying for certification as the owner, the particulars of the application; (c) the name of the vessel, if any, specified under section 40(5); (d) the name of the principal; (e) the name, shore address in Hong Kong and telephone number of the agent; (f) a statement by the principal that he appoints the agent for the purposes of this Regulation; and (g) the agent's consent to act as agent for the principal and to perform all functions (including the assumption of all obligations) as such agent under this Regulation.(5) The Director shall endorse the particulars of the agent on the certificate of ownership that is produced under subsection (3)(b). (6) In the case of the principal being a person applying for certification as the owner, the Director shall endorse the particulars of the agent on the certificate of ownership when it is issued or endorsed under section 10, 23 or 26 (including, in the case of section 23, that section as applied by section 29). (7) The particulars of an agent to be endorsed on a certificate of ownership are the name and address of the agent, and the number appearing on the document of identification of the agent. Cap 548D s 8 Resignation, etc. of agent |
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