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[接上页] (ii) a demise charterer of the vessel; and(b) in relation to cargo, includes- (i) the consignor, consignee or shipper of the cargo; and (ii) the agent of the owner of the cargo;"pilot" (领港员) means the person who is a pilot within the meaning of the Pilotage Ordinance (Cap 84); "place on land" (陆上地方) means- (a) any premises, building or vehicle on land; (b) any building, structure or object erected or placed on the bed or shore of the sea; or (c) anything afloat (other than a vessel) if it is anchored or attached to the bed or shore of the sea;"port" (港口) means any area of the waters of Hong Kong which is declared to be a port under section 56; "port dues" (港口费) means any due, fee or charge payable under this Ordinance in respect of a vessel which enters the waters of Hong Kong or uses any port facility; "port facility" (港口设施) means any aid to navigation, mooring or signal station; "river trade limits" (内河航限) means- (a) the waters in the vicinity of Hong Kong within the following boundaries- (i) to the East, meridian 1140 30' East; (ii) to the South, parallel 220 09' North; and (iii) to the West, meridian 1130 31' East; and(b) all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by water from the area defined in paragraph (a);"ship" (船、船舶) means any vessel used in navigation other than a vessel propelled by oars or a junk; "signal station" (信号站) means a signal station so specified by regulations made under this Ordinance; "tidal water" (感潮水域) means any part of the sea or of a river within the ebb and flow of the tide at ordinary spring tides; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated according to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg. C); (Amended 64 of 1999 s. 3) "use of signals of distress regulations" (《使用遇险讯号规例》) means the Merchant Shipping (Safety) (Use of Signals of Distress) Regulations (Cap 369 sub. leg. O); (Added 57 of 1990 s. 3. Amended 70 of 1999 s. 3) "vessel" (船只) includes- (a) any ship, junk, boat, dynamically supported craft, seaplane, or any other description of vessel used in navigation; and (b) any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation; (Amended 46 of 1981 s. 3)"waters of Hong Kong" (香港水域) means waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44) (Amended 57 of 1990 s. 3) Cap 313 s 3 Application (1) This Ordinance shall, except where otherwise specially provided, apply to all vessels in Hong Kong or in the waters of Hong Kong, including vessels for the time being used by the Hong Kong Government and all warships and ships for the time being used by Her Majesty's Government or the Government of any State. (Amended 46 of 1981 s. 4) (2) Nothing in this Ordinance shall derogate from the provisions of any other law. Cap 313 s 4 Installation of Government port facilities PART II PORT FACILITIES The Director may lay, place, erect and maintain under his control in the waters of Hong Kong such port facilities as he thinks fit. Cap 313 s 5 Use of port facilities (1) Subject to any other provision of this Ordinance, no person shall use a port facility otherwise than for the purpose for which it is provided. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $5000. Cap 313 s 6 Restriction on installation of private port facilities, etc. (1) Subject to subsection (2), except with the written permission of the Director, no person shall lay, place, erect or maintain a port facility or any floating or other structure in the waters of Hong Kong. (2) The Director may, by notice in the Gazette, specify any area of the waters of Hong Kong in which any floating or other structure specified in the notice may be laid, placed, erected or maintained without the permission of the Director. (3) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $5000. (4) Without prejudice to the liability for an offence under subsection (3), the Director may give such directions as he thinks fit for the removal, moving or modification of a port facility or any floating or other structure laid, placed, erected or maintained in contravention of subsection (1). Cap 313 s 7 Damage, etc., to aids to navigation (1) Any person who wilfully or negligently- (a) removes, alters, damages, destroys, or interferes with, any aid to navigation or mooring; or (b) makes fast to any aid to navigation,commits an offence and is liable to a fine of $5000. (2) If an offence under subsection (1) is committed by a person on or in respect of a vessel, then, in addition to that person, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $5000. |