【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第6页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] (c) it may make such order as it thinks fit respecting the costs of the investigation or any part thereof, and such order shall be enforced by the court in the same way as an order for costs under the Magistrates Ordinance (Cap 227).(2) (Repealed 17 of 1965 s. 27) Cap 281 s 58 Regulations as to procedure, fees, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Chief Executive in Council may by regulation prescribe and provide for carrying into effect the enactments relating to formal investigations into casualties and inquiries into charges of incompetency or misconduct and to the re-hearing of or appeal from any such investigation or inquiry, and in particular, with respect to the procedure, the parties, the persons allowed to appear, the notice to such parties and persons or to persons affected, and the amount and application of fees. (Amended 37 of 1959 s. 10; 64 of 1999 s. 3) (2) For the purposes of this Part, a marine court shall have all the powers of a magistrate sitting under the Magistrates Ordinance (Cap 227). (3) Every formal investigation or inquiry shall be conducted in such a manner that, if a charge is made against any person, he shall have an opportunity of making a defence. (Amended 37 of 1959 s. 11) Cap 281 s 59 (Repealed 63 of 1981 s. 124) Cap 281 s 60 (Repealed 63 of 1981 s. 124) Cap 281 s 61 (Repealed-sections 61 to 90) PARTS IX, X and XI (Repealed 76 of 1978 s. 81) Cap 281 s 91 Interpretation PART XII TRAWLERS In this Part- "trawler" (拖网渔船) means any mechanically propelled vessel of non-primitive design and build of whatever tonnage, which engages in fishing operations for profit upon the high seas with nets, lines or trawls and which operates from Hong Kong as a ship registered in Hong Kong, but excludes any sailing or mechanically propelled fishing boat, junk or dinghy licensed under regulations made under section 105; (Amended 61 of 1989 s. 13; 74 of 1990 s. 104; L.N. 386 of 1993) "voyage" (航程) means a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip when one of such ports is within Hong Kong: (Amended 61 of 1989 s. 13) Provided that a return due to distress only shall not be deemed to be a return if it is followed by a resumption of the trip. Cap 281 s 92 Certificates of competency as trawling masters Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The holder of a certificate of competency as a trawling master which is not endorsed with the word "LIMITED" may, subject to the provisions of this Part, command a trawler on any voyage. (2) The holder of a certificate of competency as a trawling master which is endorsed with the word "LIMITED" may command a trawler for the purpose only of fishing in an area bounded on the North by the parallel of 25 degrees North, on the South by the parallel of 15 degrees North and on the East by the meridian of 122 degrees East. (3) The Director may, on the application of a person holding a certificate of competency as a trawling master which is endorsed with the word "LIMITED", exempt such person from the restriction specified in subsection (2). (Amended L.N. 262 of 1985) (4) The holder of a certificate of competency as a trawling master, whether or not the certificate is endorsed with the word "LIMITED", shall, in so far as he does not contravene the provisions of this section, be a duly certificated trawling master. (Amended 64 of 1999 s. 3) (Replaced 63 of 1970 s. 2) Cap 281 s 93 Voyages without certificated officers (1) Subject to section 92, a trawler shall not commence any voyage unless such vessel is provided with at least a duly certificated trawling master and trawler engineer and the master for the time being of any trawler contravening the provisions of this subsection shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 63 of 1970 s. 3; 73 of 1974 s. 12) (2) Any person who- (a) having been engaged as a trawling master- (i) goes to sea in command of a trawler without being entitled to do so under section 92; or (ii) uses the trawler of which he is in command for the purpose of fishing in waters in contravention of section 92;(b) having been engaged as a trawling engineer, goes to sea on a trawler without holding a certificate of competency as a trawling engineer; (c) employs any person to act as a trawling master in command of a trawler without ascertaining that such person is entitled to do so under section 92; or (d) employs any person to act as a trawling engineer on a trawler without ascertaining that such person holds a certificate of competency as a trawling engineer,shall be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 12 months. (Replaced 63 of 1970 s. 3. Amended 73 of 1974 s. 12) Cap 281 s 94 Regulations applicable to trawlers |
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