【法规名称】
【法规编号】 61518 什么是编号？
【正 文】
第12页 CAP 369 MERCHANT SHIPPING (SAFETY) ORDINANCE
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[接上页] (b) in the case of the master, to a fine of $20000 and to imprisonment for 6 months.(3) If any requirement of this section or of regulations as to the number of permissible passengers is not complied with in the case of any passenger ship, the Director shall not grant a clearance and if any such ship attempts to go to sea without a clearance, the Director may detain it. Cap 369 s 37 Restriction to decks on which passengers may be carried (1) A ship shall not carry passengers on more than one deck below the water line. (2) The owner and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable to a fine of $10000. Cap 369 s 38 Excess passengers (1) A ship shall not within the waters of Hong Kong carry any passengers in excess of the number allowed by the passenger certificate, or, where the ship has no passenger certificate, the ship shall not- (a) carry any passengers if the ship is not fit to do so under the provisions of this Ordinance, or would not be fit to do so under those provisions if they applied to the ship; (b) carry any passengers in excess of the maximum number which the ship is fit to carry under the provisions of this Ordinance, or would be fit to carry under those provisions if they applied to the ship.(2) The owner, agent and master of any ship which carries passengers in contravention of subsection (1) commits an offence and is liable- (a) on conviction upon indictment to imprisonment for 4 years and to a fine of $10000 and an additional fine of $5000 for each excess passenger; and (b) on summary conviction to imprisonment for 2 years and to a fine of $10000 and an additional fine of $5000 for each excess passenger.(3) For the purposes of this section every person carried in a ship, other than- (a) a person employed or engaged in any capacity on board the ship on the business of the ship; and (b) a child under 1 year of age,shall, until the contrary is proved, be presumed to be a passenger on that ship. (4) Where the Director for the purpose of enabling persons to be moved from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under this Ordinance other than this section, the carriage of that excess of persons shall not be an offence under this Ordinance. (5) The owner or agent of any ship shall not be guilty of an offence under subsection (2) if he proves that- (a) the passengers involved in the offence were shipped without his knowledge or consent; and (b) he derived no profit, benefit or advantage from the shipping of the passengers.(6) In any proceedings for an offence under this section, a certificate purporting to be signed and issued by the Director for the purposes of this subsection shall be admitted in evidence on its production without further proof; and unless it is proved that the certificate has not been signed by the Director, it shall be presumed until the contrary is proved that any statement therein to the following effect is true, that is to say a statement that a ship is not fit to carry passengers under the provisions of this Ordinance or would not be fit to do so under those provisions if they applied to the ship, or a statement of the maximum number of passengers a ship is fit to carry under the provisions of this Ordinance or would be fit to do so under those provisions if they applied to the ship. Cap 369 s 39 Director may refuse clearance of ship carrying excess passengers (1) The master of every ship shall, on application to the Director for a port clearance, state the number of passengers he proposes to carry on the voyage; and if such number is in excess of the number allowed by the passenger certificate or exceeds 12 in the case of a ship which is not provided with a passenger certificate, the Director may refuse clearance. (2) Any master of a ship who- (a) in an application under subsection (1) for a port clearance intentionally misrepresents the number of passengers proposed to be carried; or (b) leaves or attempts to leave any port in Hong Kong without a clearance,commits an offence and is liable to a fine of $20000 and to imprisonment for 6 months. (3) The master of any ship who, after having obtained a port clearance, leaves or attempts to leave the waters of Hong Kong with any number of passengers greater than that allowed by the clearance commits an offence and is liable to imprisonment for 6 months and to a fine of $10000 and an additional fine of $5000 in respect of each passenger in excess of the number permitted by the clearance. (4) Whenever the master of a ship is guilty of an offence under subsection (3), the owner and agent (if any) of the ship shall each be guilty of the same offence and shall each be liable to the same penalty as is prescribed for that offence, unless he proves that- (a) the passengers involved in the offence were shipped without his knowledge or consent; and (b) he derived no profit, benefit or advantage from the shipping of the passengers.(5) The Director may refuse a clearance to any ship carrying more than 12 passengers, except on the production of the passenger certificate, being a certificate in force and applicable to the voyage on which the ship is about to proceed; and he may detain such ship until such certificate is produced. |
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