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[接上页] (b) the pleasure vessel is released by order of a court or magistrate under paragraph (3).(3) Where a pleasure vessel is detained under this regulation and proceedings have been taken in respect of the suspected contravention by reason of which the pleasure vessel was removed, the court or magistrate in such proceedings may order that the pleasure vessel be released and in such order may require that the vessel be licensed and that the appropriate removal and storage charges be paid to the Director before the pleasure vessel is released or, where removal and storage charges have been paid, require the Director to refund the same. (4) Where a pleasure vessel is detained under this regulation the Director with all reasonable dispatch shall give notice in writing of the detention, to the owner if the name and address of such owner is known to him, or if the name or address of the owner is not known to him, by publication of the notice in the Gazette, and if such pleasure vessel is not claimed by the owner within 3 months of the date of the notice the Director thereafter may sell by public auction or otherwise dispose of such pleasure vessel and the proceeds, if any, of such sale or disposal, after deduction of any licence fees or charges due or incurred under the Ordinance or these regulations, shall be paid into the general revenue of Hong Kong at the expiry of 12 months from the date of such sale or disposal if not previously claimed by the owner of the pleasure vessel. (5) For the purposes of this regulation the expression "pleasure vessel" (游乐船只) includes- (a) the fittings, equipment and contents on board; and (b) any trailer or other device whereby the vessel is transported. (L.N. 219 of 1981) Cap 313G reg 6 Transfer of ownership or charter of pleasure vessels (1) Where- (a) the full ownership of a licensed pleasure vessel is transferred to any other person; or (b) a licensed pleasure vessel is chartered to any person,the licensed owner shall, within 72 hours after the transfer or the charter agreement is entered into, notify the Director in writing of the name and address of the new owner or of the charterer of the vessel. (L.N. 219 of 1981) (2) Where a joint or part owner of a licensed pleasure vessel transfers his interest in the pleasure vessel to any other person, such joint or part owner shall, within 72 hours after the transfer, notify the Director in writing of the name and address of the new joint or part owner and the Director shall make the necessary alterations in the register maintained under regulation 4. (L.N. 219 of 1981) (3) Where the full ownership of a pleasure vessel in respect of which there is a current licence is transferred, the current licence of the pleasure vessel shall be transferred to the new owner until its expiry; and the new owner shall, within 72 hours after the transfer, produce the licence to the Director who shall- (a) on payment of the prescribed fee, endorse on the licence the name of the licensed owner and, for the purpose of ascertaining the name of the licensed owner, regulation 3(1) shall apply as if the reference in that regulation to an application for a licence included a reference to the production of a licence under this paragraph; and (b) make the necessary alterations in the register maintained under regulation 4.(4) A licensed owner who contravenes paragraph (1), or a joint or part owner who contravenes paragraph (2), or a new owner who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 219 of 1981) (L.N. 55 of 1978) Cap 313G reg 7 Holders of certificates of competency on vessels under way (1) No pleasure vessel of more than 3 m in length or fitted with an engine of more than 3 kW total power shall be under way in the waters of Hong Kong unless there is on board- (a) a person holding a valid and appropriate local certificate of competency as master of a pleasure vessel or an equivalent local or other certificate of competency; and (b) a person holding a valid and appropriate local certificate of competency as engineer of a pleasure vessel or an equivalent local or other certificate of competency.(2) Where there is on board a pleasure vessel which is under way in the waters of Hong Kong a person who holds valid and appropriate local certificates of competency both as master and as engineer of a pleasure vessel or equivalent local or other certificates of competency, paragraph (1) shall be deemed to be complied with. (2A) No pleasure vessel which is 3 m in length or less and is fitted with an engine of not more than 3 kW in power shall be under way in the waters of Hong Kong unless the person in charge thereof is not less than 16 years of age. (L.N. 187 of 1986) (3) Where paragraph (1) or (2A) is contravened- (a) the person in charge of the pleasure vessel; and (b) if such person is not, in the case of a licensed pleasure vessel, the licensed owner of the pleasure vessel, the licensed owner; or |