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[接上页] Cap 313 s 8 Liability for damage to port facilities, etc. (1) Where any damage is caused by a vessel to any port facility, pier, breakwater or other property owned by the Government, the owner and the master of the vessel shall, without prejudice to the liability for an offence under this Ordinance, be jointly and severally liable for any loss arising out of the damage to the extent that such loss is attributable to any fault on the part of the vessel of to any wilful or negligent act of any person on the vessel. (2) Such loss may be recovered by the Director as a civil debt. Cap 313 s 9 Power to require removal of unauthorized lights and signs The Director may direct an owner or his agent or the master of any vessel, or any person who appears to him to be the owner or occupier of a place on land, at or from which there is exhibited a light or illuminated sign which, in the opinion of the Director- (a) obscures, restricts or interferes with, or is likely to obscure, restrict or interfere with, the functions or use of any signal station or aid to navigation; (b) is likely to be mistaken for a light or signal proceeding from any signal station or aid to navigation; or (c) in any way interferes with, or is likely to interfere with, the safe navigation of vessels in the waters of Hong Kong,to remove the light or illuminated sign or to extinguish or screen it in the manner specified in the direction. Cap 313 s 10 Application of collision regulations and use of signals of distress regulations PART III CONTROL OVER VESSELS AND PORTS (1) Subject to any special provision in or under this Ordinance, the collision regulations and the use of signals of distress regulations shall apply- (a) to all vessels required to be licensed under Part IV wherever they may be; and (b) to all other vessels (not being ships to which the regulations apply pursuant to the provisions of the Merchant Shipping (Safety) Ordinance (Cap 369)) while they are within the waters of Hong Kong,and shall, for the purpose of their application by virtue of this section, be read and construed as if references to "ships" were references to "vessels" and references to "ships registered in Hong Kong" were references to "vessels required to be licensed under Part IV". (2) For the purpose of subsection (1) the collision regulations and the use of signals of distress regulations shall each be deemed to have been made under section 80 and may be amended thereunder. (3) If any of the collision regulations is contravened by a vessel, the owner of the vessel, the master and any person for the time being responsible for the conduct of the vessel shall each be guilty of an offence and liable to a fine of $20000. (4) It shall be a defence to a charge under subsection (3) for the person charged to prove that he took all reasonable precautions to prevent the contravention to which the charge relates. (5) If the master of a vessel uses or displays or causes or permits any person under his authority to use or display- (a) any signal prescribed by the collision regulations except in the circumstances and for the purposes prescribed by the use of signals of distress regulations; or (b) any private signal, whether registered or not, which is liable to be mistaken for any signal prescribed by the collision regulations,he commits an offence and is liable to a fine of $20000 and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage. (6) Notwithstanding anything in the Magistrates Ordinance (Cap 227) an information or complaint relating to an offence under this section which has been committed outside Hong Kong may be laid or made at any time within 2 years from the commission of the offence. (Replaced 57 of 1990 s. 4) Cap 313 s 11 Application Sections 11A and 11B shall apply in relation to all vessels whether within or outside the waters of Hong Kong except for- (a) any vessel licensed under Part IV; and (b) any warship or other ship for the time being used by Her Majesty's Government other than for commercial purposes. (Replaced 69 of 1993 s. 2) Cap 313 s 11A Notification prior to arrival of vessels Subject to any provision in or pursuant to this Ordinance, where a vessel is expected to arrive in the waters of Hong Kong, the owner or the master of the vessel shall notify the Director of such expected arrival not less than 24 hours before the arrival of the vessel, or, if that is not practicable, as early as practicable before the arrival of the vessel. (Added 69 of 1993 s. 2) Cap 313 s 11B Refusal of permission to enter, leave, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Notwithstanding any other provision in this Ordinance, the Director may, if he is satisfied that there is reason for doing so, give directions- |