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[接上页] (2) Any licensee who, having been required to give information under paragraph (1), fails to do so, or gives information which he knows or reasonably ought to know to be false in a material particular, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 16 Closed areas (1) The Director may, by order, declare any area of the waters of Hong Kong to be closed to dwelling vessels. (4 of 1995 s. 7) (2) No dwelling vessel may enter or remain, or be permitted to enter or remain, in a closed area. Cap 313C reg 17 Unlicensed vessels in prescribed or closed area Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Director may, by notice affixed to the mast or other prominent part thereof, order that a dwelling vessel in a closed area or an unlicensed dwelling vessel in a prescribed area be removed therefrom within such time, being not less than 14 days, as the Director may specify in the notice; and such notice may be directed to any specified person, or generally to all persons normally dwelling on the vessel. (2) Any person who, having been ordered to remove a dwelling vessel under paragraph (1), fails without reasonable cause to comply with such order commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (3) The Director may seize, remove and detain any dwelling vessel in respect of which an order for removal has been made and not complied with, and, for the purposes of such seizure, removal and detention, may remove any person or property found thereon. (4) The Director may take possession of any property found on a dwelling vessel seized or detained under paragraph (3) and any such property shall become the property of the Government free from the rights of any person and may be destroyed or otherwise disposed of as the Director thinks fit. (64 of 1999 s. 3) (5) Any person who obstructs the Director in the seizure, removal and detention of any dwelling vessel or in the removal of any person or property therefrom, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 18 Sale of detained vessels (1) Subject to paragraph (2) the Director may, as soon as practicable after the seizure, removal and detention of a dwelling vessel under regulation 17, sell it by public auction or tender or in such other manner as he sees fit. (2) The Director shall give not less than 5 days notice of the proposed sale, under paragraph (1), of any dwelling vessel by publishing notice thereof in one newspaper printed in the English language and one newspaper published in the Chinese language and circulating in the area in which such dwelling vessel was seized. (3) The proceeds of sale, if any, of a dwelling vessel sold under paragraph (1) shall be paid to the owner thereof, if known, and, if the owner thereof is not known or does not claim such proceeds within 6 months of the sale, shall be paid into the general revenue of Hong Kong. (4) Any dwelling vessel which the Director is unable to sell may be destroyed or otherwise disposed of in such manner as the Director sees fit. Cap 313C reg 19 Amendment of First Schedule The Director may, by order, amend the First Schedule. (L.N. 150 of 1984) Cap 313C Sched 1 PRESCRIBED AREAS [regulation 2] Aberdeen South Typhoon Shelter (L.N. 337 of 1985) Aberdeen West Typhoon Shelter (L.N. 337 of 1985) Causeway Bay Typhoon Shelter (L.N. 162 of 1985) Cheung Chau Typhoon Shelter Sai Kung Harbour, being that area of the waters of Hong Kong enclosed by Sai Kung Public Pier and to the west of a straight line joining the following two positions- (a) Latitude 22o 22' 45.0" N, Longitude 114o 16' 20.0" E; and(b) Latitude 22o 22' 58.5" N, Longitude 114o 16' 24.0" E (L.N. 141 of 1987)Shuen Wan Typhoon Shelter (L.N. 284 of 1986) Tuen Mun Typhoon Shelter (L.N. 220 of 1984; L.N. 231 of 1989; L.N. 287 of 1992) Cap 313C Sched 2 FORM OF LICENCE [regulation 3] SHIPPING AND PORT CONTROL ORDINANCE (Chapter 313) SHIPPING AND PORT CONTROL (DWELLING VESSELS) REGULATIONS LICENCE FOR DWELLING VESSEL Name of Vessel ............................................................ Licence No. ................................ Length ......................................................................... Breadth ...................................... Name of Licensee ................................................................................................................ Name of Owner (if not licensee) ........................................................................................... This vessel was first licensed on ............................................................................................ when it was found to accommodate .............................................. persons (including children). Date of Expiry of Licence (unless cancelled) ............................ This licence is issued subject to the provisions of the Shipping and Port Control Ordinance and regulations made thereunder and subject to the conditions endorsed hereon. CONDITIONS 1. This licence shall be kept on board and shall be produced on demand to any authorized officer. 2. The vessel shall be used solely for dwelling purposes. 3. (a) This vessel may not be moved or removed from the permitted mooring place shown in sub-paragraph (b) without the permission of the Director of Marine. (b) The permitted mooring place of the vessel is ............................................................ in the ..................................................................................................................... [name prescribed typhoon shelter/area] 4. This licence is not transferable except in accordance with the Shipping and Port Control (Dwelling Vessels) Regulations. Director of Marine. ............................................................ (Date) (L.N. 324 of 1996) |