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[接上页] Remarks: not yet in operation Any owner, agent or coxswain who permits a local vessel to operate while it is in an unseaworthy or unsafe condition, whether by reason of overloading or from any other cause whatsoever, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. Cap 548 s 31 Cutting of moorings Remarks: not yet in operation Any person, other than the Director or a person authorized by him, who without lawful excuse cuts a mooring or fastening of a local vessel commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 32 Endangering the safety of others Remarks: not yet in operation Any person (wherever he may be) who by any unlawful act, or in any manner whatsoever without reasonable excuse, endangers or causes to be endangered the safety of any person conveyed in or being in or upon any local vessel or in the sea commits an offence and is liable- (a) on conviction on indictment to a fine of $200000 and to imprisonment for 4 years; and (b) on summary conviction to a fine of $200000 and to imprisonment for 2 years. Cap 548 s 33 Scuttling or beaching vessel Remarks: not yet in operation Any person who, by any unlawful act or in any manner whatsoever without reasonable excuse- (a) disables, abandons, scuttles or beaches any local vessel within the waters of Hong Kong; or (b) fails to notify the Director thereof within 24 hours immediately following that disablement, abandonment, scuttling or beaching,commits an offence and is liable- (i) on conviction on indictment to a fine of $200000 and to imprisonment for 4 years; and (ii) on summary conviction to a fine of $200000 and to imprisonment for 2 years. Cap 548 s 34 Use of port facilities Remarks: not yet in operation PART VII PORT FACILITIES (1) Subject to any other provisions of this Ordinance, no person shall use a port facility otherwise than for the purpose for which it is provided. (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 35 Damage, etc., to aids to navigation Remarks: not yet in operation (1) Any person who wilfully or negligently- (a) removes, alters, damages, destroys, or interferes with, any aid to navigation or mooring; or (b) makes fast to any aid to navigation,commits an offence and is liable on conviction to a fine at level 2. (2) If an offence under subsection (1) is committed by a person on or in respect of a local vessel, then, in addition to that person, the owner of the vessel, 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. Cap 548 s 36 Liability for damage to port facilities, etc. Remarks: not yet in operation (1) Where any damage is caused by a local vessel to any port facility, pier, breakwater or other property owned by the Government, the owner of the vessel, his agent and the coxswain of the vessel shall, without prejudice to the liability for an offence under this Ordinance, be jointly and severally liable for any loss arising out of the damage to the extent that such loss is attributable to any fault on the part of the vessel or to any wilful or negligent act of any person on the vessel. (2) Such loss may be recovered by the Director as a civil debt. Cap 548 s 37 Interpretation Remarks: not yet in operation PART VIII WORKS (Amended 70 of 1999 s. 18) In this Part, unless the context otherwise requires- "approved code" (《守则》) means a code of practice issued under section 45A; (Added 70 of 1999 s. 19) "crane" (起重机) means any appliance equipped with mechanical means of hoisting and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of the appliance; but does not include- (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyer whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; (Added 70 of 1999 s. 19)"inspector" (督察) means a person appointed under section 39; "machinery, equipment or appliance" (机械、装备或装置), in the case of- (a) repairs to a local vessel, means any machinery, equipment or appliance provided or used for that purpose; (b) the breaking up of a local vessel, means any machinery, equipment or appliance provided or used for that purpose; (c) cargo handling, means any lifting appliance or lifting gear provided or used for that purpose; (d) marine construction, means any machinery, equipment or appliance provided or used for that purpose; (Added 70 of 1999 s. 19)"marine construction" (海上建造工程) means any construction or reclamation works, including dredging, drilling, pipe laying, buoy laying, cable laying and caisson construction, in which local vessels are used; (Added 70 of 1999 s. 19) |