【法规名称】
【法规编号】 61568 什么是编号？
【正 文】
第11页 CAP 313 SHIPPING AND PORT CONTROL ORDINANCE
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[接上页] (a) empower the Director to declare any area of the waters of Hong Kong to be an area closed to dwelling vessels and within which no dwelling vessel may enter or remain; (Amended 4 of 1995 s. 3) (b) empower the Director to- (i) order the removal, within such time as may be prescribed, of any dwelling vessel from any part of the waters of Hong Kong being an area in respect of which a licence is required or being an area declared to be closed to dwelling vessels; (ii) seize, remove and detain any dwelling vessel in respect of which an order for removal has been made and not complied with; (iii) remove any person or property found on any dwelling vessel that has been seized and detained; (iv) sell, by public auction or otherwise, any dwelling vessel which has been seized and detained; (v) destroy or otherwise dispose of any vessel that has been seized and detained and which he is unable to sell; (vi) pay any proceeds of sale of a dwelling vessel to the owner thereof, if known, or if the owner is not known or does not claim such proceeds, pay the same into general revenue;(c) provide for the seizure and disposal of any property found on a dwelling vessel which has been seized and detained and, in particular, may provide that any such property shall become the property of the Government free from the rights of any person and may be disposed of as the Director thinks fit; (Amended 64 of 1999 s. 3) (d) provide for the service of an order to remove a dwelling vessel from any part of the waters of Hong Kong by affixing such order to a prominent part of the vessel. (Added 12 of 1983 s. 3)(2) Any regulations made under this section may provide that a contravention of specified provisions thereof is an offence and may prescribe penalties therefor not exceeding a fine of $20000 and imprisonment for 1 year. Cap 313 s 34 Recovery of penalty by sale of vessels Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Where an owner or master of a vessel who is convicted of an offence under this Part or under regulations made under section 33 fails to pay any fine imposed in respect of the offence, the Director may sell the vessel in respect of which the offence was committed and apply the proceeds in payment of the fine, and the balance (if any), after deducting any reasonable expense incurred in the sale, shall be paid to the owner of the vessel if claimed within 6 months after the date of the sale or forfeited to the Government if not claimed within that period. (Amended 64 of 1999 s. 3) (2) Not less than 14 days before a vessel is sold under subsection (1), the Director shall give to the owner of the vessel notice in writing of the intended sale, but notice under this subsection shall not be necessary where there is no such owner or the Director is unable to find the owner. (3) Any vessel sold under this section shall be transferred to the purchaser thereof, at the expense of the purchaser, by a bill of sale from the Director which shall confer upon such purchaser an absolute title to such vessel. Cap 313 s 35 Saving of certain regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) For the avoidance of doubt, it is hereby declared that, notwithstanding the repeal of Parts XIII and XIV of the Merchant Shipping Ordinance (Cap 281), the following regulations (hereinafter referred to as the specified regulations)- (a) the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 281 sub. leg.); (b) the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 281 sub. leg.); and (c) the Merchant Shipping (Pleasure Vessels) Regulations (Cap 281 sub. leg.),shall, save in so far as they are inconsistent with any of the provisions of this Ordinance or any regulations made thereunder, continue in operation until such time as they are replaced by regulations made under section 33 which are expressed to be in substitution of the specified regulations, and shall be deemed for all purposes to have been made under section 33 and to be liable to amendment thereby or thereunder. (2) The Chief Executive in Council may by regulation amend those provisions of the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) which relate to launches, ferry vessels, miscellaneous craft and pleasure vessels. (Amended 64 of 1999 s. 3) (3) For the purposes of this section, the vessels to which this Part applies include launches, ferry vessels, miscellaneous craft and pleasure vessels to which the specified regulations apply. Cap 313 s 36 Interpretation PART V WORKS (Amended 70 of 1999 s. 6) In this Part, unless the context otherwise requires- "approved code" (《守则》) means a code of practice issued under section 44A; (Added 70 of 1999 s. 7) "crane" (起重机) means any appliance equipped with mechanical means of hoisting and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of the appliance; but does not include- |
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