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【法规名称】 
【法规编号】 61566  什么是编号?
【正  文】

第9页 CAP 313A SHIPPING AND PORT CONTROL REGULATIONS

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  (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 at level 5 and to a 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. 228 of 1997)
  
  Cap 313A reg 24 Navigation near the Ngong Shuen Chau Naval Basin
  
  (1) Except with the permission of a naval authority, no vessel shall enter or navigate within the Ngong Shuen Chau Naval Basin area specified in paragraph 17 of the Fifth Schedule. (L.N. 140 of 2000)
  
  (2)-(3) (Repealed L.N. 140 of 2000)
  
  (4) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $2000.
  
  Cap 313A reg 25 Embarkation and loading, etc.
  
  (1) Except with the written permission of the Director, no person shall be embarked or disembarked, and no cargo shall be loaded, unloaded or transhipped, onto or from a vessel at any place within the waters of Hong Kong other than in-
  
  (a) a port; or
  
  (b) a special anchorage.(2) This regulation shall not apply to vessels to which Part IV of the Ordinance applies.
  
  (3) If without reasonable excuse paragraph (1) is contravened, the master of the vessel commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year.
  
  Cap 313A reg 25A Conducting seatrials
  
  (1) Except with the permission of the Director, no vessel shall conduct a seatrial within the waters of Hong Kong.
  
  (2) This regulation shall not apply to any vessel to which Part IV (Licensed Vessels) of the Ordinance applies except to any such vessel the subject of a direction under section 16 of the Ordinance or otherwise required by the Director or an authorized officer at the vessel traffic centre, as the case may be, to participate in the vessel traffic service.
  
  (3) If without reasonable excuse paragraph (1) is contravened, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $10000.
  
  (L.N. 408 of 1994)
  
  Cap 313A reg 26 Manning of ships
  
  (1) A ship shall, while within the waters of Hong Kong, have on board at all times such number of crew as is, in the opinion of the Director, qualified and capable of carrying out all duties which may reasonably be required to ensure the safety of the ship having regard to the circumstances pertaining thereto.
  
  (2) If this regulation is contravened, the owner and the master of the ship commit an offence and each of them is liable to a fine of $20000.
  
  Cap 313A reg 27 Obtaining of port clearance
  
  (1) A master who is required to have port clearance in respect of his vessel under section 15 of the Ordinance and who intends to proceed to sea shall apply to the Director for a port clearance before his intended departure and shall state the time of departure.
  
  (2) The Director shall, unless he has reason to refuse port clearance, grant port clearance on application made under paragraph (1) and return the ship's papers to the master.
  
  (3) Before a port clearance is granted under paragraph (2), the master shall, if required to do so by the Director, inform the Director of the nature of the intended voyage, the number of passengers (if any) and the general description of the cargo on board the vessel, and provide such other information as the Director may require.
  
  (4) A port clearance granted under paragraph (2) shall cease to be valid if the vessel does not proceed to sea within 72 hours after the grant of the port clearance. (L.N. 302 of 1991)
  
  Cap 313A reg 28 Failure to depart on obtaining port clearance
  
  (1) If a master after having obtained port clearance under regulation 27 does not proceed to sea within 72 hours thereafter, he shall report forthwith to the Director the reason for not proceeding to sea and shall, if so required by the Director, deposit the ship's papers with the Director. (L.N. 302 of 1991)
  
  (2) Any master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $5000.
  
  Cap 313A reg 29 Notification regarding dead ships
  
  (1) Where a dead ship is expected to arrive in the waters of Hong Kong, the owner or his agent or the master thereof shall notify the Director of such expected arrival not less than 24 hours before the arrival of the dead ship, or, if that is not practicable, as early as practicable before the arrival of the dead ship.
  
  (2) Subject to paragraph (5), the owner or his agent or the master of a ship shall without delay notify the Director if the ship becomes a dead ship after its arrival within the waters of Hong Kong.
  
  (3) Subject to paragraph (5), the owner or his agent or the master of a dead ship which is within the waters of Hong Kong shall without delay notify the Director after the dead ship ceases to be a dead ship.
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