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[接上页] (L.N. 273 of 1983) Cap 313F reg 47E Conditions on permission or approval and effect thereof (1) Any permission or approval given under regulation 47C shall be subject to such conditions as the Director may, in writing, impose. (2) Any condition imposed by the Director under paragraph (1) may be altered from time to time by the Director by notice in writing to the applicant. (3) No permission or approval given under regulation 47C shall be deemed- (a) to confer any title to land or any right to occupy any anchorage or mooring, or any part of the sea or sea-bed; (b) to grant any exemption from or to permit any contravention of any of the provisions of the Ordinance, these regulations or any other enactment; or (c) to confer a right to any licence under the Ordinance, these regulations or any other enactment. (L.N. 273 of 1983) Cap 313F reg 47F Additional requirements for first licensing Without prejudice to any other provision of these regulations, the Director shall not issue a licence in respect of any Class VIII vessel upon application for the first licensing thereof unless- (a) the site at which the vessel will operate has been approved under regulation 47C; (b) the vessel complies with the plans and specifications approved under regulation 47C; and (c) the requirements of any condition to which any permission or approval given under regulation 47C was subject, have been satisfied. (L.N. 273 of 1983) Cap 313F reg 47G Permission to enter waters (1) No Class VIII vessel shall, except with the permission of the Director, enter, or be brought into, the waters of Hong Kong. (2) If without reasonable excuse paragraph (1) is contravened the owner and the person for the time being in charge of the vessel commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. (L.N. 273 of 1983) Cap 313F reg 47H Periodical inspection (1) The Director shall, before issuing or renewing a licence in respect of any Class VIII vessel, cause the vessel to be inspected by a Government surveyor or inspector. (2) If upon any inspection required under paragraph (1) the surveyor or inspector is satisfied that the vessel is- (a) seaworthy; and (b) fit in all other respects for its intended purpose as a Class VIII vessel,he shall, on payment of the prescribed fee, issue a certificate of inspection accordingly, in the form prescribed in the Fifteenth Schedule. (3) If upon any inspection required under paragraph (1) the surveyor or inspector is not satisfied as to any of the matters set out in paragraph (2) he shall- (a) notify, in writing, the owner of the vessel of his requirements to enable a certificate of inspection to be issued; and (b) withhold the issue of a certificate of inspection until such requirements are satisfied.(4) The Director shall not issue or renew a licence in respect of any Class VIII vessel except on production of a valid certificate of inspection in respect thereof. (L.N. 273 of 1983) Cap 313F reg 47I Alternations to a Class VIII vessel (1) Except with the written permission of the Director, no material addition, modification or alteration to any Class VIII vessel shall be made after the issue or renewal of a licence in respect of such vessel. (2) If paragraph (1) is contravened the owner and the person for the time being in charge of the vessel commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. (L.N. 273 of 1983) Cap 313F reg 47J Closure of a Class VIII vessel (1) The Director may, where it appears to him that any Class VIII vessel- (a) is being used or operated without a Class VIII licence under these regulations; or (b) in respect of which there is a Class VIII licence, is being used or operated in contravention of- (i) any suspension thereof; (ii) any of the conditions thereof; or (iii) any provision of the Ordinance, these regulations, or any other enactment,make an order closing such vessel either wholly or in part, or prohibiting the use thereof for all or any purposes. (2) An order made under paragraph (1) shall remain in force in respect of such vessel- (a) where the order was made pursuant to paragraph (1)(a), until a Class VIII licence is issued in respect of the vessel; (b) where the order was made pursuant to paragraph (1)(b), until such time as the Director is satisfied that the ground on which the order was made has ceased to exist and cancels the order; or (c) until such time as the Director is satisfied that the vessel will not be used as a Class VIII vessel and cancels the order.(3) Any person who contravenes an order made under paragraph (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (L.N. 273 of 1983) Cap 313F reg 47K Application of Public Health and Municipal Services Ordinance (1) For the avoidance of doubt, the provisions of- (a) the Public Health and Municipal Services Ordinance (Cap 132) relating to food; and (b) any regulations made under that Ordinance (Cap132) regulating a food business, other than regulations relating to fire safety requirements,shall apply to a Class VIII vessel. |