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[接上页] (Amended 61 of 1989 s. 11) Cap 281 s 107J Requirements as to production of policy The owner of a vessel to which this Part applies which is being used in the waters of Hong Kong, or any person so using such a vessel, shall, on being so required by any police officer, the Director or any officer authorized by the Director, produce his policy of insurance, and if he fails to do so he commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months: Provided that, if the owner of the vessel or the person using it within 5 days after the date on which the production of the policy of insurance was so required, produces the policy of insurance or satisfactory evidence that a policy has been effected, in person at such place as may have been specified by him at the time the production of the policy was required, he shall not be convicted under this section of the offence of failing to produce the policy. (Amended 61 of 1989 ss. 9, 11 & 13) Cap 281 s 107K Records of insurance (1) Every authorized insurer by whom a policy is issued for the purposes of this Part shall keep a record of the following particulars relative thereto- (a) the full name and address of the person to whom the policy is issued; (b) the description of the type of the pleasure vessel to which the policy relates and, where known, the name and licence number of the vessel; (c) the date on which the policy comes into force and the date on which it expires; (d) the conditions subject to which the persons or classes of persons specified in the policy will be indemnified,and every such record shall be preserved for 1 year from the date of expiry of the policy. (2) Every authorized insurer by whom records are required to be kept under subsection (1) shall, without charge, furnish to the Director or the Commissioner of Police on request any particulars thereof. Cap 281 s 107L Termination of policy Where to the knowledge of an authorized insurer a policy issued by him for the purposes of this Part ceases to be effective without the consent of the person to whom it was issued otherwise than by effluxion of time or by reason of his death, the insurer shall forthwith notify the Director and the Commissioner of Police of the date on which the policy ceased to be effective. Cap 281 s 107M Certificate of insurance (1) When an insurer issues a policy of insurance for the purposes of section 107C(1) he shall at the same time issue with it a certificate of insurance. (2) A certificate of insurance shall be in the prescribed form and shall contain such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed. (3) The owner of a launch or ferry vessel shall ensure that whenever the vessel is in use a copy of the current certificate of insurance relating to the vessel, certified by the Director in such manner as he may determine as being such a copy, is displayed on the vessel in a place where it is conspicuous and is easily legible. (4) Any person who in compliance or purported compliance with this section displays on any vessel any document which is, or purports to be, a copy of a certificate of insurance which is either not such a copy or which has been falsified in any material particular commits an offence and is liable to a fine of $5000 or to imprisonment for 6 months. (5) An insurer who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine of $5000 or to imprisonment for 3 months. (6) The owner of a launch or ferry vessel who, without reasonable excuse, fails to comply with subsection (3) commits an offence and is liable to a fine of $2500 or to imprisonment for 1 month. (7) Where a certificate of insurance ceases to be current during the period for which it is expressed to be valid no prosecution shall be brought under subsection (6) in respect of anything done or omitted to be done within 7 days of such cesser. (8) For the purposes of subsection (7), a certificate of insurance ceases to be current during the period for which it is expressed if the policy of insurance in respect of which it is issued ceases to be in force in relation to the vessel concerned. (Replaced 61 of 1989 s. 10) Cap 281 s 107N Offences and penalties Any authorized insurer who contravenes section 107K or 107L commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. (Amended 61 of 1989 s. 11) (Part XIVA added 65 of 1978 s. 2) Cap 281 s 108 Power to detain ship in certain cases PART XV DETENTION OF SHIP IN CERTAIN EVENTS Where under this Ordinance it is enacted that, under certain conditions, a ship shall not leave the waters of or any port of Hong Kong, the Director may under such conditions detain the ship until he is satisfied that the provisions of the law have been fulfilled. (Amended 61 of 1989 s. 13) [cf. 1894 c. 60 s. 692(3) U.K.] Cap 281 s 109 Penalty for taking detained ship to sea |