【法规名称】
【法规编号】 61568 什么是编号？
【正 文】
第6页 CAP 313 SHIPPING AND PORT CONTROL ORDINANCE
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[接上页] (Added 15 of 1995 s. 2) Cap 313 s 17 Ships to anchor in ports (1) Subject to subsection (2), no ship or junk shall, except with the permission of the Director, anchor at any place in the waters of Hong Kong other than in a port or at a specified anchorage specified in the Third Schedule to the Pilotage Ordinance (Cap 84). (Amended 29 of 1985 s. 8) (2) Subsection (1) shall not apply where a ship or junk anchors at any place in the waters of Hong Kong, other than in a place in which anchoring is expressly restricted or prohibited under this Ordinance, because of stress of weather or other sufficient cause. (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 18 Dead ships (1) No dead ship shall, except with the permission of the Director, enter, or be brought into, the waters of Hong Kong. (2) Subject to subsection (4), no dead ship shall, except with the written permission of the Director, be berthed, moored or anchored at any place in the waters of Hong Kong. (3) Subject to subsection (4), no owner, agent or master of a ship which is within the waters of Hong Kong shall, except with the written permission of the Director, carry out, or cause to be carried out, any maintenance or repair work on the ship which will result in the ship becoming a dead ship. (4) Subsections (2) and (3) do not apply to a dead ship which is drydocked or within the precincts of, or berthed or moored alongside, a dockyard. (5) Without prejudice to section 64(5), a permission granted under this section may be withdrawn or cancelled by the Director at any time if the dead ship becomes, or is likely to become, a danger to life, other vessels, port facilities or other property. (6) If without reasonable excuse subsection (1), (2) or (3) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 19 Laid-up vessels (1) Subject to subsection (2), no laid-up vessel shall, except with the written permission of the Director, be berthed, moored or anchored at any place in the waters of Hong Kong. (2) Subsection (1) does not apply to a laid-up vessel which is drydocked or within the precincts of, or berthed or moored alongside, a dockyard. (3) If without reasonable excuse subsection (1) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 20 Beaching, etc. of vessels (1) Where a vessel- (a) is on fire; (b) has suffered damage by fire, explosion or collision; or (c) is disabled, stranded or out of control because of damage, bad weather or mechanical failure,the Director may, if he has reasonable grounds to believe that any of the circumstances specified in subsection (2) prevail, direct the owner or master of the vessel- (Amended L.N. 386 of 1993) (i) to beach the vessel; (ii) to take the vessel outside the limits of a port; or (iii) to take such other action as the Director thinks fit.(2) The circumstances for the purposes of subsection (1) are that the vessel- (a) is, or is likely to become, a danger to life, other vessels, aircraft or navigation; (b) is causing, or is likely to cause, pollution of the waters of Hong Kong; (c) is causing, or is likely to cause, damage to port facilities or other property.(3) If without reasonable excuse any direction given under subsection (1) is not complied with, the owner or master to whom the direction is given commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. Cap 313 s 21 Removal, etc. of stranded, abandoned or sunken vessel Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Director may give to an owner or master of, or other person who claims or appears to the Director to exercise control over, a vessel which is stranded, abandoned or sunk in the waters of Hong Kong such directions as he thinks fit in respect of the removal, movement, anchoring, mooring, securing, raising or destruction of the vessel. (Amended L.N. 307 of 1998) (2) If without reasonable excuse any direction given under subsection (1) is not complied with, the person to whom the direction is given commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. (3) The Director may seize and detain a vessel referred to in subsection (1) together with any cargo and other things on board if- (a) a direction given under subsection (1) is not complied with; (b) after reasonable inquiry he is unable to ascertain the ownership of the vessel or to trace the owner or master of the vessel; or (c) no person claims or appears to the Director to exercise control over the vessel.(4) For the purposes of seizing a vessel, cargo or other things under subsection (3), the Director may take, or cause to be taken, any action that is necessary including the employment of pilots and the use of tugs and equipment to remove, move, anchor, moor, secure or raise the vessel, cargo and other things. |
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