|
[接上页] (3) A copy of the notice of appeal delivered under subsection (2) shall be served on the Director who shall be entitled to be heard as respondent at the hearing of the appeal. Cap 313 s 31 Offences relating to local certificates of competency (1) Any person who- (a) makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other person, a local certificate of competency; (b) fraudulently uses a local certificate of competency or copy of a local certificate of competency which has been forged, altered, cancelled or suspended or to which he is not entitled; or (c) fraudulently lends his local certificate of competency or allows it to be used by any other person,commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (2) Where a person is convicted of an offence under subsection (1) the Director may cancel, or suspend for any period, the local certificate of competency in respect of which the offence is committed. (Amended 36 of 1986 s. 5) Cap 313 s 32 Surrender of local certificates of competency If, on the cancellation or suspension of a local certificate of competency under section 30 or 31, the holder of the certificate, or any person in possession of it, without reasonable excuse fails to deliver it to the Director on being required by him to do so, he commits an offence and is liable to a fine of $5000. (Amended 36 of 1986 s. 6) Cap 313 s 33 Regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Without prejudice to the power to make regulations under section 80, and without prejudice to the application of regulations made under that section (except so far as they are inconsistent with regulations made under this section), the Chief Executive in Council may make regulations in respect of vessels to which this Part applies for all or any of the following matters- (Amended 64 of 1999 s. 3) (a) the regulation, control and use of vessels; (b) the licensing of vessels and the renewal of licences, and in the case of vessels that have, contrary to the regulations made under this section, not been licensed for any period, for the payment of licence fees or penalty in respect of the period during which the vessels were not licensed; (c) the cancellation or suspension of licences; (ca) empowering an authorized officer to seize and remove or cause to be removed from any place or premises or from any part of the waters of Hong Kong and to detain vessels, without notice to the owners thereof, which he has reason to believe are not licensed in accordance with regulations made under this section, together with any things on board and any trailer or other device whereby such vessels are transported; (Added 46 of 1981 s. 8) (cb) the disposal by way of sale or otherwise of unclaimed vessels or things which have been seized, removed and detained pursuant to regulations made under this section and the payment of the proceeds, if any, of any such disposal into the general revenue of Hong Kong; (Added 46 of 1981 s. 8) (d) the design and construction of vessels, the equipment required to be carried on board vessels and matters incidental thereto; (e) the accommodation for passengers and crew, and means for their safety and escape; (f) the life-saving appliances and fire-fighting apparatus to be provided on vessels, and the training of the crew in the use of such appliances or apparatus; (g) the survey or inspection of vessels and the issue (and cancellation) of certificates of survey or inspection; (h) the classification of vessels; (i) (Repealed 57 of 1990 s. 5) (j) the employment on vessels of a master and deck and engineering crew who possess local certificates of competency or certificates of competency recognized as equivalent to local certificates of competency by rules made under this Part; (Amended 36 of 1986 s. 7) (k) the number and grade of crew to be employed on vessels; (l) the engagement and discharge of crew, their conditions of employment, and their hours of work and rest periods; (m) the duties of owners and crew; (n) regulating the noise, vibration and smoke which may be caused by vessels; (o) regulating the hiring of vessels, the carriage of passengers and the plying limits; (p) empowering the Director to provide anchorages and mooring areas for vessels, and to control and regulate their use; (q) the use of piers and the embarkation and disembarkation of persons; (r) the inquiry into charges of incompetency, misconduct or negligence of or by masters or deck or engineering crew and prescribing the procedure at such inquiries; (s) the registration of persons dwelling in any specified type or class of vessels; (t) the fees and charges payable under the regulations; (u) empowering the Director to amend any Schedule to the regulations; (v) generally for the better carrying out of the provisions and purposes of this Part.(1A) Regulations made under this section for the regulation, control, use and licensing of dwelling vessels may- |