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[接上页] (a) in the case of a vessel not being towed, the master of the vessel commits an offence; (b) in the case of a vessel being towed, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence,and is, or each of them is, as the case may be, liable to a fine at level 3 and to imprisonment for 6 months. (L.N. 228 of 1997) Cap 313A reg 23A Supplementary provisions on entry into restricted areas, etc. (1) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 3(a) of the Fifth Schedule shall- (L.N. 228 of 1997) (a) in the case of a vessel being towed, enter, berth or unberth within the Tsing Tsuen and Tsing Yi Bridges Area specified in paragraph 3(b) of that Schedule unless the vessel is being towed by such number of tugs or other vessels as may reasonably be required to ensure the safety of the vessel having regard to the circumstances pertaining thereto; or (b) without prejudice to subparagraph (a), and whether or not the vessel is being towed, approach so near any bridge within the area referred to in that subparagraph as to prejudice the safety of the bridge.(2) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 4(a) of the Fifth Schedule shall- (L.N. 228 of 1997) (a) in the case of a vessel being towed, enter, berth or unberth within the Ap Lei Chau Bridge Area specified in paragraph 4(b) of that Schedule unless the vessel is being towed by such number of tugs or other vessels as may reasonably be required to ensure the safety of the vessel having regard to the circumstances pertaining thereto; or (b) without prejudice to subparagraph (a), and whether or not the vessel is being towed, approach so near any bridge within the area referred to in that subparagraph as to prejudice the safety of the bridge.(3) If without reasonable excuse paragraph (1)(a) or (2)(a) is contravened, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. (4) If without reasonable excuse paragraph (1)(b) or (2)(b) is contravened- (a) in the case of a vessel not being towed, the master of the vessel commits an offence; (b) in the case of a vessel being towed, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence,and is, or each of them is, as the case may be, liable to a fine of $10000 and to imprisonment for 6 months. (5) Without prejudice to paragraph (1)(b) or (2)(b), if a vessel is involved in a collision with any bridge within an area referred to in paragraph (1)(a) or (2)(a), as the case may be- (a) in the case of a vessel not being towed, the master and the owner of the vessel and any agent of the owner; (b) in the case of a vessel being towed- (i) the master and the owner of the vessel and any agent of the owner; and (ii) the masters and the owners of the tugs or other vessels towing the vessel and any agents of the owners,commit an offence and each of them is liable to a fine of $50000 and to imprisonment for 6 months. (6) It shall be a defence to a charge against a master, owner or agent under paragraph (5)(a) or (b) if he proves to the satisfaction of the magistrate or court that he could not reasonably have prevented the collision concerned or that all reasonable steps had been taken by him or another person to prevent such collision. (L.N. 309 of 1993) Cap 313A reg 23B Additional supplementary provisions on entry into restricted areas, etc. (1) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 13(a) of the Fifth Schedule shall enter or pass through the Tung Chung Bridges Area specified in paragraph 13(b) of that Schedule. (2) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 14(a) of the Fifth Schedule shall enter or pass through the Kap Shui Mun Bridge Area specified in paragraph 14(b) of that Schedule. (3) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 15(a) of the Fifth Schedule shall enter or pass through the Tsing Ma Bridge Area specified in paragraph 15(b) of that Schedule. (4) If without reasonable excuse this regulation is contravened- (a) in the case of a vessel not being towed, the master of the vessel commits an offence; (b) in the case of a vessel being towed, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence,and is, or each of them is, as the case may be, liable to a fine at level 3 and to imprisonment for 6 months. (5) Without prejudice to paragraph (1), (2) or (3), if a vessel is involved in a collision with any bridge within an area referred to in paragraph (1), (2) or (3), as the case may be- (a) in the case of a vessel not being towed, the master and the owner of the vessel and any agent of the owner; |