【法规名称】
【法规编号】 61568 什么是编号？
【正 文】
第7页 CAP 313 SHIPPING AND PORT CONTROL ORDINANCE
|
[接上页] (5) The Director shall publish in the Gazette and in one English language and one Chinese language newspaper circulating in Hong Kong a notice of a seizure effected under subsection (3) and the notice shall specify- (a) the names (if known to the Director) of the persons whom the Director believes to be the owner and the master of the vessel; (b) the name (if known to the Director) of the person whom the Director believes to be the owner or otherwise entitled to the possession of any cargo or other things on board; (c) a description of the vessel and the place at which it was seized; (d) a description of the cargo or other things on board; and (e) a reasonable period within which and the place at which a claim shall be submitted to the Director for the release of the vessel, cargo or other things on board.(6) If a valid claim to a vessel, cargo or other things seized under subsection (3) is submitted at any time before a notice is published under subsection (5) or within the period specified in a notice published under that subsection, the Director shall, on payment to him of all expenses involved in the seizure and custody of the vessel, cargo or other things, as the case may be, release the vessel, cargo or other things to the claimant. (7) If the release of a vessel, cargo or other things is not obtained in pursuance of subsection (6), the Director may sell, or otherwise dispose of in such manner as he thinks fit, the vessel, cargo or other things, as the case may be, and in the case of sale the proceeds, after deducting all expenses payable under subsection (6) and any reasonable expense incurred in the sale, shall be paid to the person making a valid claim thereto within one year after the date of sale or forfeited to the Government if not claimed within that period. (Amended 64 of 1999 s. 3) Cap 313 s 22 Notice of change of ownership of stranded, abandoned or sunken vessels (1) Where the owner of a vessel which is stranded, abandoned or sunk in the waters of Hong Kong sells the vessel, or otherwise parts with the ownership of the vessel, he shall forthwith notify the Director in writing of the name and address of the new owner of the vessel. (2) Any owner who contravenes subsection (1) commits an offence and is liable to a fine of $10000. Cap 313 s 23 Vessels not registered in Hong Kong, etc. Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 Where- (a) a vessel not registered in Hong Kong is stranded, abandoned or sunk in the waters of Hong Kong; or (b) a vessel not registered in Hong Kong which is stranded, abandoned or sunk near the coast of Hong Kong, or any part of such vessel or cargo or other thing belonging thereto, is brought into Hong Kong,and the owner or master of the vessel, or the owner of the cargo or other thing, as the case may be, is not in Hong Kong- (i) the consular officer of the country to which the vessel, or in the case of cargo or other thing to which its owner, may have belonged; or (ii) the consular officer of that country authorized in that behalf by any treaty or arrangement with that country,shall be deemed to be the agent of the owner of the vessel, cargo or other thing so far as relates to its custody and disposal. (Amended 23 of 1998 s. 2) Cap 313 s 24 Interpretation PART IV LICENSED VESSELS (1) In this Part, unless the context otherwise requires- "crew" (船员) means the master and any other person employed or engaged in any capacity on board a vessel on the business of the vessel; "dwelling vessel" (住家船只) means a vessel which- (a) is used, constructed or adapted principally for dwelling purposes; (b) tends to remain stationary in any area of the waters of Hong Kong; and (c) is not required to be licensed as a Class III vessel under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 281 sub. leg.); (Added 12 of 1983 s. 2)"licence" (牌照), in relation to any vessel to which this Part applies, means a licence granted under the regulations made under this Part; "local certificate of competency" (本地合格证书) means a certificate of competency issued under this Part; (Added 36 of 1986 s. 2) "master" (船长) means the person having for the time being command or charge of the vessel; but where there is no such person or the vessel is in command or charge of a person under the age of 16, the person whose name appears as the licensee in the licence granted in respect of that vessel shall be deemed to be the master thereof; "passenger" (乘客) means any person carried in a vessel other than the crew. (Amended 36 of 1986 s. 2) (2) For the purposes of paragraph (c) of the definition of "dwelling vessel" and of any proceedings in connection with a dwelling vessel, a certificate purporting to be signed by or on behalf of the Director that a vessel is not required to be licensed as a Class III vessel under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 281 sub. leg.) shall be proof thereof unless the contrary be proved. (Added 12 of 1983 s. 2) |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！