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[接上页] Remarks: not yet in operation (1) Subject to subsections (1A) and (2), no owner or coxswain of, or other person having control over, a local vessel shall, except with the written permission of the Director, carry out, or cause to be carried out, any repairs to, or break up, the vessel. (Amended 70 of 1999 s. 21) (1A) Subsection (1) does not apply to any local vessels of 50 metres or less in length unless the Director gives written notification to the person in charge of works that subsection (1) applies to that vessel. (Added 70 of 1999 s. 21) (2) The Director may, by notice in the Gazette, specify any type of repairs to a local vessel in respect of which permission under subsection (1) is not required. (3) Any person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. Cap 548 s 42 Safe atmosphere Remarks: not yet in operation (1) Where a local vessel is being repaired or broken up, the person in charge of works shall not- (a) provide or use, or cause to be provided or used, any machinery, equipment or appliance that is capable of providing an ignition source; or (b) carry out, or cause to be carried out, any works that involve welding or burning, the use of blow lamps, braziers or other devices using combustible materials,in an atmosphere containing flammable vapours, flammable gases or explosive dusts. (2) A person in charge of works who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year. Cap 548 s 43 Directions regarding repairs or breaking up of local vessels Remarks: not yet in operation (1) The Director may direct any person who, in the opinion of the Director, is the owner or coxswain of a local vessel, or who claims or appears to the Director to exercise control over a local vessel, that is to be repaired or broken up or is being repaired or broken up, or who is in charge of the repairs or the breaking up of a local vessel- (a) to remove the vessel to a position or place within the waters of Hong Kong specified by the Director; (b) to comply with such safety requirements as may be specified by the Director generally or in any particular case; (c) to comply with any other requirements which may be specified by the Director in respect of the manner in which the vessel may be repaired or broken up; (d) in the case of the breaking up of the vessel, to give security, in cash or otherwise, in such amount as the Director may consider necessary to ensure the effective breaking up and complete removal of the vessel.(2) Any person who fails to comply with any direction given to him under subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months, and to an additional fine of $1000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director on such person. Cap 548 s 44 Prohibition against use of dangerous equipment, etc. Remarks: not yet in operation (1) A person in charge of works shall not provide or use, or cause to be provided or used, any machinery, equipment or appliance for the carrying out of the works if the machinery, equipment or appliance is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury. (2) If the Director or an inspector has reasonable grounds to believe that any machinery, equipment or appliance provided or used for the carrying out of any works is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury, the Director or inspector may give directions to the person in charge of works- (a) prohibiting the use of the machinery, equipment or appliance, or if it is capable of repair or alteration, prohibiting its use until it is repaired or altered as specified in the direction; or (b) requiring him to take such other steps as may be specified in the directions for remedying the unnecessary risk of accident or bodily injury.(3) A person in charge of works who- (a) contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year; (b) fails to comply with any direction given to him under subsection (2) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months, and to an additional fine of $1000 for each day during which su |