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[接上页] (b) remit the matter to those persons for determination in accordance with the Court's decision on the point of law. Cap 548 s 20 Rules as to inquiries, etc. Remarks: not yet in operation (1) The Chief Justice may make rules for the conduct of inquiries under section 17 and for the conduct of any re-hearing under section 19. (2) Without prejudice to the generality of subsection (1), rules made under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected. Cap 548 s 21 Power to restore certificate, etc. Remarks: not yet in operation Where a local certificate of competency has been cancelled or suspended under this Part, the Director, if required to do so by the Court of First Instance or the persons holding the inquiry concerned, shall re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or shall grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate. Cap 548 s 22 Offences relating to local certificates of competency Remarks: not yet in operation (1) Any person who- (a) makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other person, a local certificate of competency; (b) fraudulently uses a local certificate of competency or copy of a local certificate of competency which has been forged, altered, cancelled or suspended or to which he is not entitled; or (c) fraudulently lends his local certificate of competency or allows it to be used by any other person,commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. (2) Where a person is convicted of an offence under subsection (1), the Director may cancel, or suspend for any period, the local certificate of competency in respect of which the offence is committed. Cap 548 s 23 Surrender of local certificates of competency Remarks: not yet in operation If- (a) a person fails to deliver a local certificate of competency as required under section 17(1) or (4); or (b) on the cancellation or suspension of a local certificate of competency under section 22, the holder of the certificate, or any person in possession of it, without reasonable excuse fails to deliver it to the Director on being required by him to do so, he commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 24 Power to give directions Remarks: not yet in operation PART VI SAFETY OF NAVIGATION The Director may give to an owner or his agent or to a coxswain of, or other person who appears to the Director to have control over, a local vessel such directions as he thinks fit in any particular case- (a) for controlling the vessel when entering or leaving the waters of Hong Kong; (b) for controlling the navigation and movement of the vessel in the waters of Hong Kong; (c) as to the place and manner in which the vessel shall be berthed, moored, anchored or secured; (d) for the removal of the vessel from any berth, mooring or anchorage to another berth, mooring or anchorage; (e) prohibiting the berthing, mooring or anchoring of the vessel in any particular place; (f) for ensuring the safety of, or preventing the outbreak of fire on, the vessel in the waters of Hong Kong; (g) for preventing pollution of the waters of Hong Kong. Cap 548 s 25 Power to give directions by notice in the Gazette Remarks: not yet in operation (1) Without prejudice to the generality of section 24, the Director may, by notice in the Gazette, give to an owner or his agent or to a coxswain of, or other person who appears to the Director to have control over, any vessel belonging to a class, type or description of vessel specified in the notice such directions as he thinks fit in respect of any matter in relation to which the Director may give directions under that section. (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.(4) Without prejudice to the generality of section 84(5) or (6), subsections (1), (2), (3) and (4) of that section shall not apply to a direction given in a notice under subsection (1). Cap 548 s 26 Closure of waters Remarks: not yet in operation (1) Where the Director reasonably believes that it is necessary in the interests of safety to close any area of the waters of Hong Kong to all vessels, or to any vessel belonging to any class, type or description of vessel, he may, by notice in the Gazette, close that area to such vessels or vessel, as the case may be. |