【法规名称】
【法规编号】 61568 什么是编号？
【正 文】
第5页 CAP 313 SHIPPING AND PORT CONTROL ORDINANCE
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[接上页] (b) the master and the owner and his agent shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong, and all such expenses may be recovered in the same manner as a fine. Cap 313 s 14 Director to be allowed to board (1) When a ship arrives within the waters of Hong Kong, the master of the ship shall allow and assist the Director to board the ship as soon as he comes alongside the ship and shall give to the Director such information as he may be required to give under this Ordinance. (2) Any master or officer of a ship who- (a) fails to allow, or fails to assist, the Director to board the ship; or (b) delays or impedes the Director from boarding the ship, commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 15 Port clearance to be obtained before departure (1) Subject to subsection (2), no vessel shall proceed to sea unless there is in relation to the vessel a valid port clearance in writing obtained in the prescribed manner. (2) Subsection (1) shall not apply- (a) to any warship or other ship for the time being used by Her Majesty's Government or the Government of any State for other than commercial purposes; (b) to any vessel for the time being used by the Hong Kong Government; (c) to any vessel of a class that is exempted by the Director by notice in the Gazette from the operation of this section; (d) to any vessel that is obliged to leave any port or the waters of Hong Kong due to weather conditions, or other circumstances beyond the control of its master, in the interests of safety of the vessel, its cargo, crew or passengers.(3) If subsection (1) is contravened, the master commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 16 Power to give directions The Director may give to an owner or his agent or to a master of, or other person who appears to the Director to be in control over, a vessel such directions as he thinks fit in any particular case- (a) for controlling the vessel when entering or leaving the waters of Hong Kong; (b) for controlling the navigation and movement of the vessel in the waters of Hong Kong; (c) as to the place and manner in which the vessel shall be berthed, moored, anchored or secured; (d) for the removal of the vessel from any berth, mooring or anchorage to another berth, mooring or anchorage; (e) prohibiting the berthing, mooring or anchoring of the vessel in any particular place; (f) for ensuring the safety of, or preventing the outbreak of fire on, the vessel in the waters of Hong Kong. (Amended 46 of 1981 s. 5) Cap 313 s 16A Power to give directions generally (1) Without prejudice to the generality of section 16, the Director may, by notice in the Gazette, give to an owner or his agent or to a master of, or other person who appears to the Director to be in control over, any vessel belonging to a class, type or description of vessel specified in the notice such directions as he thinks fit in respect of any matter in relation to which the Director may give directions under that section. (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice.(4) Without prejudice to the generality of section 61(5) or (6), sections 61(1), (2), (3) and (4) and 66 shall not apply to a direction given in a notice under subsection (1). (Added 15 of 1995 s. 2) Cap 313 s 16B Closure of waters (1) Where the Director reasonably believes that it is necessary in the interests of safety to close any area of the waters of Hong Kong to all vessels, or to any vessel belonging to any class, type or description of vessel, he may, by notice in the Gazette, close that area to such vessels or vessel, as the case may be. (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice; (c) shall not apply to any vessel which is being used for any fire services, ambulance, police, customs and excise or Marine Department purpose if compliance with the notice is likely to hinder the use of that vessel for that purpose.(4) If without reasonable excuse a vessel the subject of a notice under subsection (1) enters an area of the waters of Hong Kong the subject of that notice, the master of the vessel commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. |
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