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(Cap 313, sections 35(1))* [1 April 1970] (L.N. 12 of 1970) ___________________________________________________________________ Note: * These regulations were made under the repealed section 97 and 105 of the Merchant Shipping Ordinance (Cap 281, 1974 R. Ed.). See section 119(1) of the Merchant Shipping Ordinance (Cap 281) and section 35(1) of the Shipping and Port Control Ordinance (Cap 313). Cap 313G reg 1 Citation These regulations may be cited as the Merchant Shipping (Pleasure Vessels) Regulations. Cap 313G reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "licence" (牌照) means a licence issued under regulation 3; "licensed owner" (持牌拥有人) means the person whose name is endorsed on the licence of a pleasure vessel as the licensed owner of the pleasure vessel under regulation 3(3); "pleasure vessel" (游乐船只) means any launch, yacht, inflatable vessel, junk, lorcha or other vessel that- (a) has an engine installed in it or carried on it, or is designed to have an engine installed in it or carried on it, whereby the vessel may be propelled by mechanical means; (b) is possessed or used exclusively for pleasure purposes; and (c) is not let for hire or reward other than under the terms of a charter agreement or hire-purchase agreement,but does not include any launch, yacht, inflatable vessel, junk, lorcha or other vessel that has never been launched; (L.N. 219 of 1981)"prescribed fee" (订明费用) means the fee prescribed in the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.). (2) For the purposes of these regulations- (a) any person who- (i) is the sole, joint or part owner of a pleasure vessel which is not subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument; (ii) is the hirer under, and is entitled to possession of a pleasure vessel which is subject to the terms of, a hire-purchase agreement; or (iii) is a party to, and is entitled to possession of a pleasure vessel which is subject to the terms of, a bill of sale or other similar instrument, shall be deemed to be the owner of the pleasure vessel; and(b) any person who- (i) is the owner of a pleasure vessel which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument but who is not entitled to possession of the pleasure vessel; or (ii) has possession or control of a pleasure vessel under the terms of a charter agreement, shall be deemed not to be the owner of the pleasure vessel. (L.N. 55 of 1978) Cap 313G reg 3 Licensing of pleasure vessels (1) An application for a licence in respect of a pleasure vessel shall be made- (a) where the pleasure vessel is owned by an individual who is the sole owner, by that individual; (b) where the pleasure vessel is owned by 2 or more persons at least one of whom is an individual, by that individual or, if more than one of the owners are individuals, by one of such individuals who is nominated by the other owners for that purpose; (c) where the pleasure vessel is owned solely by a company, by an individual who is nominated by the company for that purpose.(2) An application made under paragraph (1) shall be submitted to the Director on a form specified by him and shall contain- (a) the name and address of the owner or owners; (b) particulars of the pleasure vessel and of any other pleasure vessel attached to or carried on it to which paragraph (8) applies; and (c) such other particulars of the vessel and of the owner or owners thereof as the Director may from time to time require to be furnished to him. (L.N. 219 of 1981)(3) On receipt of an application under this regulation and on payment of the prescribed fee, the Director may issue a licence, licence disc and licence number in respect of the pleasure vessel for which the application is made and shall endorse on the licence the name of the applicant as the licensed owner of the pleasure vessel. (4) A licence shall be valid for such period, not exceeding 12 months, as shall be specified by the Director in the licence and shall be subject to such conditions as the Director thinks fit; and such conditions shall be endorsed on the licence. (5) The form of a licence and of a licence disc shall be determined from time to time by the Director. (6) The Director may endorse on a licence a condition that the pleasure vessel and any other pleasure vessel which, under paragraph (8), is included in the licence for the pleasure vessel- (a) shall not carry at any one time more persons than the number endorsed on the licence (and, where another vessel is included in the licence for a pleasure vessel, a different number may be endorsed on the licence in respect of each vessel); (b) shall not be used at any time between sunset and sunrise.(7) The Director shall endorse on a licence disc issued in respect of a pleasure vessel under paragraph (3) or regulation 3A the licence number of the vessel, the date of expiry of the licence and such other particulars as the Director thinks fit. |