【法规名称】
【法规编号】 58666 什么是编号？
【正 文】
第4页 CAP 548A MERCHANT SHIPPING (LOCAL VESSELS) (DWELLING VESSELS) REGULATION
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[接上页] Cap 548A s 15 Closed areas Remarks: not yet in operation (1) No person shall cause or permit a dwelling vessel to enter or remain in a closed area. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. Cap 548A s 16 Dwelling vessels in closed area or unlicensed dwelling vessels in prescribed area Remarks: not yet in operation (1) The Director may by notice order that a dwelling vessel in a closed area be removed from the closed area or that an unlicensed dwelling vessel in a prescribed area be removed from the prescribed area. (2) A notice given under subsection (1)- (a) shall be addressed to the owner or licensee of the vessel or generally to all persons normally dwelling on the vessel; (b) shall be served by affixing it to the mast or any other prominent part of the vessel; (c) shall order the person or persons to whom the notice is addressed to remove the vessel or cause it to be removed from the closed area or the prescribed area, as the case may be, within such time (being not less than 14 days) as is specified in the notice; and (d) shall give a brief description of the powers exercisable by the Director under this Regulation if the vessel is not removed as ordered by the notice.(3) A person who, without reasonable excuse, fails to comply with a notice given under subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (4) If a vessel is not removed as ordered by a notice given under subsection (1), the Director may do any or all of the following- (a) seize the vessel; (b) remove the vessel or cause it to be removed from the closed area or the prescribed area, as the case may be; (c) detain the vessel.(5) Where a vessel has been seized and detained under subsection (4), and regardless of whether the vessel has been removed under that subsection, the Director may remove any person or property found on the vessel and may take possession of any property found on the vessel. (6) As soon as practicable after seizing and detaining a vessel under subsection (4), and regardless of whether the vessel has been removed under that subsection, the Director shall serve a notice of the seizure and detention on the persons whom the Director believes to be the owner and the licensee of the vessel, and on every person whom the Director believes to be the owner or otherwise entitled to the possession of any property on board the vessel. (7) A notice served under subsection (6) shall be deemed to have been duly served on the person on whom it is to be served- (a) if the notice is delivered to the person concerned; (b) if the notice is sent by registered post addressed to that person at the place of residence or business of that person, if any, last known to the Director; or (c) (where it cannot be served in accordance with paragraph (a) or (b)) if the notice is published in the Gazette.(8) A notice served under subsection (6) shall- (a) state the names (if known to the Director) of the persons whom the Director believes to be the owner and the licensee of the vessel; (b) state the name (if known to the Director) of every person whom the Director believes to be the owner or otherwise entitled to the possession of any property on board the vessel; (c) describe the vessel and the place at which it was seized; (d) describe the property on board the vessel; (e) give the reason for the seizure and detention of the vessel; (f) specify the position where the vessel is secured, anchored or moored during its detention; (g) specify the action (if any) required to secure the release of the vessel or any property on board the vessel; and (h) specify the period (being not less than 14 days) within which a claim may be submitted to the Director for the release of the vessel or any property on board the vessel, and the place at which such a claim may be submitted.(9) The Director may, for the purposes of subsection (8)(g), specify any action required to secure the release of a vessel or any property on board the vessel, and any such action may include the payment of any expense incurred as a result of or in connection with any action taken or caused to be taken by the Director under this section in respect of the vessel or the property in question, as the case may be. (10) A person who obstructs the Director in the exercise of any of the powers conferred by subsection (4) or (5) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. Cap 548A s 17 Release of detained vessels, etc. Remarks: not yet in operation (1) A claim for the release of a vessel that is the subject of a notice served under section 16(6), or for the release of any property on board the vessel, may be submitted to the Director, subject to compliance with the following requirements— (a) the claim shall be submitted, in the case of a claim for the release of the vessel, by the owner or licensee of the vessel and, in the case of a claim for the release of any property on board the vessel, by the person who is the owner or otherwise entitled to the possession of the property in question; and |
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