【法规名称】
【法规编号】 61568 什么是编号？
【正 文】
第8页 CAP 313 SHIPPING AND PORT CONTROL ORDINANCE
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[接上页] Cap 313 s 25 Application Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 (1) Without prejudice to any other provision of this Ordinance, and subject to subsection (3) and section 35(3), this Part applies to- (a) any vessel regularly employed in trading, or going, within river trade limits; (b) any vessel employed in sea fishing; (c) any vessel possessed or used for pleasure purposes; (Amended 46 of 1981 s. 6) (d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hong Kong; and (e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation.(2) This Part shall apply to a vessel specified in subsection (1) whether the vessel is provided with a certificate of registry or a certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap 415), or with any document granted in a place outside Hong Kong and similar or equivalent in effect to any such certificate. (Amended 23 of 1998 s. 2) (3) This Part shall not apply to- (a) any trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies; (b) any vessel which is for the time being used for any purpose by Her Majesty's Government, the Hong Kong Government or any State; (c) any vessel authorized by virtue of a Passenger and Safety Certificate to carry passengers within river trade limits; and (d) any vessel referred to in subsection (1)(c) that has never been launched. (Added 46 of 1981 s. 6) Cap 313 s 26 Licensing of vessels (1) Subject to section 35, every vessel to which this Part applies shall be licensed in accordance with the regulations made under this Part. (2) If subsection (1) is contravened, the owner and the master commit an offence and each of them is liable to a fine of $20000 and to imprisonment for 1 year. (Amended 46 of 1981 s. 7) (3) Without prejudice to the liability for an offence under this section, the Director may, in the case of- (a) a vessel which is not licensed, require the owner of the vessel to pay, in addition to the prescribed licence fee for the issue of a licence, the prescribed licence fees which would have become payable if the vessel had been licensed from the date the vessel has been without a licence in contravention of this section; (Amended 46 of 1981 s. 7) (b) a vessel the licence of which is not renewed from the date of expiry of the previous licence, require the owner of the vessel to pay, in addition to the prescribed licence fee for the renewal of the licence, the prescribed licence fees which would have become payable if the licence had been renewed from the date of expiry of the previous licence.(4) The owner of a vessel may be required to pay the additional licence fees payable under subsection (3) in respect of a period prior to the issue or renewal of a licence whether or not he was the owner of the vessel during that entire period. (5) The additional licence fees under subsection (3) shall not be payable in respect of- (a) any continuous period exceeding 6 months during which the vessel has not been in use if the owner of the vessel produces evidence to that effect to the satisfaction of the Director; or (b) any period during which the licence of the vessel was terminated by notice to the Director. Cap 313 s 27 Offences in relation to the carrying of passengers (1) No unlicensed vessel shall carry any passenger. (2) No licensed vessel shall carry any passenger unless the conditions of its licence permit the carriage of passengers. (3) No licensed vessel shall carry more passengers and crew than may lawfully be carried under the conditions of its licence. (4) If without reasonable excuse subsection (1) or (2) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $50000 and to imprisonment for 2 years, and to an additional fine of $5000 in respect of each passenger carried on the vessel in contravention of the subsection. (5) If without reasonable excuse subsection (3) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $20000 and to imprisonment for 1 year, and to an additional fine of $2000 in respect of each person carried in excess of the number that may lawfully be carried. Cap 313 s 28 Offences in respect of vessels (1) Any person who places on any safety valve of a vessel a pressure greater than that allowed under the conditions of its licence, or would have been allowed if the vessel had been licensed, commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. (2) Any owner or master of a vessel who permits the vessel to operate while in an unseaworthy or unsafe condition, whether by reason of overloading or from any other cause whatsoever, commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. |
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