【法规名称】
【法规编号】 58668 什么是编号？
【正 文】
第5页 CAP 548 MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE
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[接上页] (a) from time to time revise the whole or any part of any code of practice prepared by him under this section; and (b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1). (4) The Director may at any time withdraw his approval from any code of practice approved under this section. (5) Where under subsection (4) the Director withdraws his approval from a code of practice approved under this section, he shall, by notice in the Gazette, identify the code concerned and specify the date on which his approval of it is to cease to have effect. (6) References in this Ordinance to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section. (7) The power of the Director under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by him shall include power to approve a part of such a code and, accordingly, in this Ordinance "code of practice" (工作守则) may be read as including a part of such a code. (8) The Director shall, before approving a code of practice under subsection (1) or any revision or proposed revision of the code under subsection (3), consult with- (a) the Committee; and (b) such other interested persons as he thinks fit.(9) For the avoidance of doubt, it is hereby declared that different codes of practice may be approved under subsection (1) for different classes of local vessels, and may be so approved for the same or different requirements referred to in that subsection. Cap 548 s 9 Use of approved codes of practice in proceedings under this Ordinance Remarks: not yet in operation (1) A failure on the part of any person to observe any provision of a code of practice approved under section 8 shall not of itself render the person liable to any civil or criminal proceedings but where in any proceedings under this Ordinance a person is alleged to have contravened a requirement under this Ordinance, being a requirement for which there was an approved code of practice at the time of the alleged contravention, subsection (2) shall have effect with respect to such code in relation to those proceedings. (2) Any provision of a code of practice which appears to a specified body to be relevant to a requirement under this Ordinance alleged to have been contravened shall be admissible in evidence in the proceedings under this Ordinance concerned and if it is proved that there was at any material time a failure to observe any provision of the code which appears to that body to be relevant to any matter which it is necessary to prove in order to establish a contravention of such requirement, that matter shall be taken as proved in the absence of evidence that such requirement was in respect of that matter complied with otherwise than by way of observance of that provision. (3) In any proceedings under this Ordinance, a code of practice which appears to a specified body to be the subject of a notice under section 8 shall be taken to be the subject of such notice in the absence of evidence to the contrary. (4) In this section- "proceedings under this Ordinance" (根据本条例进行的法律程序) includes any criminal proceedings where a person is alleged to have committed an offence by reason of a contravention of a requirement under this Ordinance; "specified body" (指明当局) means- (a) a magistrate; (b) a court; or (c) the Administrative Appeals Board. Cap 548 s 10 Application Remarks: not yet in operation PART IV CERTIFICATION AND LICENSING OF LOCAL VESSELS This Part shall not apply to any local vessel- (a) which is a pleasure vessel- (i) from a place outside Hong Kong; and (ii) which does not remain in the waters of Hong Kong for more than 182 days out of 365 consecutive days;(b) which is a pleasure vessel- (i) not fitted with an engine; and (ii) in the opinion of the Director, incapable of being fitted with an engine;(c) which is a licensed dwelling vessel; (d) which has never been launched. Cap 548 s 11 Local vessel must be certificated Remarks: not yet in operation (1) Every local vessel shall be certificated. (2) Where subsection (1) is contravened, the owner of the local 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 4 and to imprisonment for 1 year. Cap 548 s 12 Ownership of local vessel Remarks: not yet in operation (1) The owner of a local vessel shall be- (a) an individual who holds a valid identity card and who is ordinarily resident in Hong Kong; or (b) a company or overseas company within the meaning of the Companies Ordinance (Cap 32).(2) The Director shall refuse to certificate a local vessel or to transfer its certificate of ownership to a new owner where the owner or transferee, as the case may be, is not a person referred to in subsection (1). |
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