【法规名称】
【法规编号】 58668 什么是编号？
【正 文】
第10页 CAP 548 MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE
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[接上页] (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice; (c) shall not apply to any vessel which is being used for any fire services, ambulance, police, customs and excise or Marine Department purpose if compliance with the notice is likely to hinder the use of that vessel for that purpose.(4) If without reasonable excuse a vessel the subject of a notice under subsection (1) enters an area of the waters of Hong Kong the subject of that notice, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. Cap 548 s 27 Application of collision regulations and use of signals of distress regulations Remarks: not yet in operation (1) Subject to any special provision in or under this Ordinance, the collision regulations and the use of signals of distress regulations shall apply to all local vessels wherever they may be, and shall, for the purpose of their application by virtue of this section, be read and construed as if references to "ships" were references to "local vessels within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap 548)" and references to "registered in Hong Kong" were deleted. (2) If any of the collision regulations is contravened by a local vessel, the owner of the vessel, his agent, the coxswain and any person for the time being responsible for the conduct of the vessel shall each be guilty of an offence and liable on conviction to a fine at level 4. (3) It shall be a defence to a charge under subsection (2) for the person charged to prove that he took all reasonable precautions to prevent the contravention to which the charge relates. (4) If the coxswain of a vessel uses or displays or causes or permits any person under his authority to use or display- (a) any signal prescribed by the collision regulations except in the circumstances and for the purposes prescribed by the use of signals of distress regulations; or (b) any private signal, whether registered or not, which is liable to be mistaken for any signal prescribed by the collision regulations,he commits an offence and is liable on conviction to a fine at level 4 and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage. Cap 548 s 28 Port clearance to be obtained before departure Remarks: not yet in operation (1) Subject to subsection (2), no local vessel shall depart the waters of Hong Kong unless there is in relation to the vessel a valid port clearance in writing obtained in the prescribed manner. (2) Subsection (1) shall not apply- (a) to any vessel for the time being used for any purpose by the Government; (b) to any vessel of a class that is exempted by the Director by notice in the Gazette from the operation of this section; or (c) to any vessel that is obliged to leave any port or the waters of Hong Kong due to weather conditions, or other circumstances beyond the control of its coxswain, in the interests of safety of the vessel, its cargo, crew or passengers.(3) If subsection (1) is contravened, the coxswain commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. Cap 548 s 29 Assistance to be rendered in event of collision Remarks: not yet in operation (1) Where two vessels collide and either of those vessels is a local vessel it shall be the duty of the coxswain or person in charge of the local vessel involved in the collision, if and so far as he can do so without danger to his own vessel, crew and passengers, if any- (a) to render to the other vessel, the coxswain, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that there is no need of further assistance; and (b) to give to the coxswain or person in charge of the other vessel- (i) the name of his vessel; (ii) the name of the port to which it belongs; and (iii) the names of the ports from which it comes and to which it is bound.(2) If the coxswain or person in charge of any vessel involved in a collision fails without reasonable cause to comply with subsection (1), he commits an offence and is liable on conviction to a fine at level 5. Cap 548 s 30 Unseaworthy vessels |
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