Remarks: not yet in operation An Ordinance to provide for the regulation and control of local vessels in Hong Kong or in the waters of Hong Kong and for other matters affecting local vessels, including their navigation and safety at sea (whether within or beyond the waters of Hong Kong). [ ] (Originally 43 of 1999) Cap 548 s 1 Short title and commencement Remarks: not yet in operation PART I PRELIMINARY (1) This Ordinance may be cited as the Merchant Shipping (Local Vessels) Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Economic Development and Labour by notice in the Gazette. (Amended L.N. 106 of 2002) Cap 548 s 2 Interpretation Remarks: not yet in operation In this Ordinance, unless the context otherwise requires- "agent" (代理人) means any person acting in Hong Kong as agent for the owner of a vessel for the purposes of this Ordinance; "aid to navigation" (助航设备) means a lighthouse, beacon or buoy, and any cables, wires and other forms of communication apparatus connected or used with a lighthouse, beacon or buoy; "authorized officer" (获授权人员) means- (a) the Director and any public officer of the Marine Department of or above the rank of Marine Inspector Class II; (b) any police officer of or above the rank of Sergeant; and (c) any public officer authorized in writing in this behalf by the Director;"authorized surveyor" (特许验船师) means a person appointed under section 7(1) to be a surveyor for the purposes of this Ordinance; "beacon" (航标) means any light, mark or sign established as an aid to navigation, other than a lighthouse or buoy; "buoy" (浮标) means any floating light, mark or sign established as an aid to navigation, other than a lighthouse or beacon; "cargo" (货物) means any goods, container, pallet, material and solid ballast, vessels' stores, provisions and equipment, mail and passengers' baggage, carried, or intended to be carried, in or on a vessel; (Amended 70 of 1999 s. 17) "cargo handling" (货物处理) means- (a) the loading of cargo on, or the unloading of cargo from, a local vessel; (b) the transfer of cargo within a local vessel; (c) the transfer of cargo by a local vessel to or from another vessel; or (d) the hoisting, lowering, moving and handling of cargo or any other thing in any manner, on or from a local vessel;"certificate of ownership" (拥有权证明书), in relation to a local vessel, means its certificate of ownership issued under regulations made under section 89; "certificated" (领有证明书) means certificated under regulations made under section 89; "class" (类别), in relation to a vessel, includes type; "code of practice" (工作守则) includes- (a) a standard; (b) a specification; and (c) any other documentary form of practical guidance;"collision regulations" (《碰撞规例》) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); "Committee" (谘委会) means the Local Vessels Advisory Committee established under section 4(1); "coxswain" (船长), in relation to a local vessel, means the person having for the time being the charge or command of the vessel; but where there is no such person or the vessel is in the charge or command of a person under the age of 16, it means the person whose name appears in the vessel's certificate of ownership; "crew" (船员) means the coxswain and any other person employed or engaged in any capacity on board a local vessel on the business of the vessel; "dangerous goods" (危险货物) means dangerous goods within the meaning of section 1 of the Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap 413 sub. leg.); "dead vessel" (废置船只) means any local vessel, other than a laid-up vessel which has a written permission under section 66 which is in force, which- (a) is, for any reason, unable to proceed under its own power; (b) is, for any reason, unable to manoeuvre with its own steering gear; (c) is, for any reason, unable to work its own anchors; or (d) has any part of the hull structure removed, or under repair, which may affect the water-tight integrity of the vessel;"detention order" (扣留令) means a notice under section 52(4); "Director" (处长) means the Director of Marine; "domestic premises" (住宅处所) means any premises used wholly or mainly for residential purposes and constituting a separate household unit; "dwelling vessel" (住家船只) means a local vessel which- (a) is used, constructed or adapted principally for dwelling purposes; and (b) tends to remain stationary in any area of the waters of Hong Kong;"dynamically supported craft" (动力承托的航行器) means a passenger carrying vessel that is operable- (a) on or above water and the weight of which, or a significant part thereof, is balanced in one mode of operation by other than hydrostatic forces; or (b) at speeds such that the function V(gL)-1/2 is equal to, or greater than, 0.9: Where, in consistent units- "V" means maximum speed; "g" means the acceleration force due to gravity; "L" means the waterline length;"engine operator" (轮机操作员), in relation to a local vessel, means the person who is in charge of the vessel's machinery; "Government surveyor" (政府验船师) means a person appointed under section 5 of the Merchant Shipping (Safety) Ordinance (Cap 369) to be a Government surveyor; "identity card" (身分证) means an identity card within the meaning of the Registration of Persons Ordinance (Cap 177); "improvement notice" (敦促改善通知书) means a notice under section 73(1); "junk" (中式帆船) includes any vessel- (a) of Chinese or other Asiatic build, construction or rig; (b) of Chinese or other Asiatic build and construction but of European rig; or (c) of European build and construction, but of Chinese or other Asiatic rig,whether such vessel is of a sea-going type or not and whether mechanically propelled or not;"licensed" (已领牌、领牌) means licensed under regulations made under section 89; "lifting appliance" (起重装置) means a crane, winch, hoist, derrick boom, sheer legs, excavator, pile driver, pile extractor, fork lift truck or other self-propelled machine, and any other description of lifting appliance, derrick and mast bands, goose-necks, eyebolts, and all other permanent attachments to a derrick, mast or deck, used on a vessel for the purposes of hoisting or lowering in connection with works; (Amended 70 of 1999 s. 17) "lifting gear" (起重工具) includes a chain sling, rope sling, canvas sling, net, tray, board, box, bull rope, snotter, can hook or other means of supporting cargo and attachments thereto including a ring, link, hooks, plate, clamp, shackle, swivel, eyebolt, bridle, beam, spreader, rope and wire, used on a vessel in connection with works; (Amended 70 of 1999 s. 17) "lighthouse" (灯塔) includes a lightship and any floating or other light exhibited for the guidance of vessels, other than a beacon or buoy; "local certificate of competency" (本地合格证明书) means a certificate of competency issued under Part V; "local vessel" (本地船只) means- (a) any vessel used solely within the waters of Hong Kong, whether registered under the Merchant Shipping (Registration) Ordinance (Cap 415) or in a place outside Hong Kong; (b) any vessel regularly employed in trading to or from Hong Kong unless registered in a place outside Hong Kong; (c) any vessel possessed or used for pleasure purposes in the waters of Hong Kong; (d) any vessel employed in sea fishing plying regularly in the waters of Hong Kong, or using the waters of Hong Kong as a base; or (e) any vessel, not being a vessel referred to in paragraph (a), (b), (c) or (d), in respect of which a permit referred to in section 89(2) is in force;"material" (物料) includes construction material, waste material and debris; (Added 70 of 1999 s. 17) "mooring" (系泊设备) includes a mooring dolphin or post, buoy, pontoon, floating pier or other floating structure used for the mooring of vessels or to assist in the embarkation or disembarkation to or from vessels; "non-domestic premises" (非住宅处所) means any premises other than domestic premises; "operating licence" (运作牌照), in relation to a local vessel, means its licence issued under regulations made under section 89; "owner" (船东), in relation to a local vessel, means- (a) the person or persons named in the vessel's certificate of ownership as the owner of the vessel; (b) in the absence of such a certificate, the person or persons owning the vessel;"passenger" (乘客) means any person carried in a vessel other than- (a) a member of the crew; (b) a child under 1 year of age;"place on land" (陆上地方) means- (a) any premises, building or vehicle on land; (b) any building, structure or object erected or placed on the bed or shore of the sea; or (c) anything afloat (other than a vessel) if it is anchored or attached to the bed or shore of the sea;"pleasure vessel" (游乐船只) means any launch, yacht, inflatable vessel, junk, lorcha or other vessel that- (a) has an engine installed in it, or is designed to have an engine installed in it or carried on it, whereby the vessel may be propelled by mechanical means; (b) is possessed or used exclusively for pleasure purposes; and (c) is not let for hire or reward other than under the terms of a charter agreement in writing or hire-purchase agreement in writing,but does not include any launch, yacht, inflatable vessel, junk, lorcha or other vessel that has never been launched in the waters of Hong Kong;"pleasure vessel operator" (游乐船只操作人), in relation to a pleasure vessel, means a person who is in charge of the vessel; "port" (港口) means any area of the waters of Hong Kong which is declared to be a port under section 56 of the Shipping and Port Control Ordinance (Cap 313); "port facility" (港口设施) means any aid to navigation, mooring or signal station; "signal station" (信号站) means a signal station as specified in regulations made under the Shipping and Port Control Ordinance (Cap 313); "specified" (指明), in relation to a form, means specified under section 71; "tidal water" (感潮水域) means any part of the sea or of a river within the ebb and flow of the tide at ordinary spring tides; "use of signals of distress regulations" (《使用遇险讯号规例》) means the Merchant Shipping (Safety) (Use of Signals of Distress) Regulations (Cap 369 sub. leg.); "vessel" (船只) includes- (a) any ship, junk, boat, dynamically supported craft, seaplane, or any other description of vessel used in navigation; and (b) any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation. Cap 548 s 3 Application Remarks: not yet in operation (1) Subject to subsections (2), (3) and (4), this Ordinance shall, except where otherwise specially provided, apply to all local vessels whether in or beyond the waters of Hong Kong. (2) Subject to subsection (3), this Ordinance shall, except where otherwise specially provided, apply to a local vessel referred to in paragraph (e) of the definition of "local vessel" in section 2 only while it is within the waters of Hong Kong. (3) Parts IV and V shall not apply to a local vessel- (a) referred to in paragraph (e) of the definition of "local vessel" in section 2; or (b) for the time being used for any purpose by the Government.(4) This Ordinance shall not apply to any local vessel certified, under the provisions of the Merchant Shipping (Safety) Ordinance (Cap 369), as a passenger ship. (5) Nothing in this Ordinance shall derogate from the provisions of any other law. Cap 548 s 4 Local Vessels Advisory Committee Remarks: not yet in operation PART II LOCAL VESSELS ADVISORY COMMITTEE, SUBCOMMITTEES AND AUTHORIZED SURVEYORS (1) There is hereby established a committee to be known as the Local Vessels Advisory Committee. (2) The Committee shall consist of- (a) the Deputy Director of Marine who shall be the Chairman; (b) two senior officers of the Marine Department appointed by the Director; (c) a police officer nominated by the Commissioner of Police; and (d) the following persons appointed by the Director- (i) a person who, in the opinion of the Director, has expertise in the ship building and repairing industry; (ii) a person who, in the opinion of the Director, has expertise in naval architecture; (iii) a person who, in the opinion of the Director, has expertise in ship survey work; (iv) a person who, in the opinion of the Director, has expertise in the marine insurance industry; (v) a person who, in the opinion of the Director, has expertise in the field of seafarers' training; (vi) a person who, in the opinion of the Director, has expertise in the field of seafarers' associations; (vii) a person who, in the opinion of the Director, has expertise in cargo vessels' operations; (viii) a person who, in the opinion of the Director, has expertise in launch and excursion vessels' operations; (ix) a person who, in the opinion of the Director, has expertise in ferry vessels' operations; (x) a person who, in the opinion of the Director, has expertise in river trade cargo operations; (xi) a person who, in the opinion of the Director, has expertise in pleasure boating operations; and (xii) a person who, in the opinion of the Director, has expertise in the fishing industry.(3) The members of the Committee appointed under subsection (2)(d) shall be appointed for a period of 3 years or for such lesser period as the Director may in any particular case determine and shall be eligible for reappointment. (4) Any member of the Committee appointed under subsection (2)(d) may, at any time by notice in writing to the Director, resign from the Committee. (5) Not less than half the members of the Committee shall form a quorum at any meeting of the Committee. (6) The Chairman of the Committee shall preside at all meetings of the Committee but, if the Chairman is absent from any meeting or any part thereof, he may nominate a member to preside in his absence as Chairman at the meeting or part thereof. (7) The Chairman of the Committee or any member presiding in his absence shall have a vote on all matters coming before the Committee; and in the case of an equality of votes he shall also have a casting vote. (8) The Director shall appoint an officer of the Marine Department to be the secretary of the Committee. (9) The secretary of the Committee shall furnish to the Director a record in writing of every meeting of the Committee. (10) Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply to the Committee and appointments to the Committee except in so far as that Part is inconsistent with the provisions of this Ordinance. (11) Subject to the provisions of this Ordinance, the Director may make rules regulating the procedures at meetings of the Committee. (12) For the avoidance of doubt, it is hereby declared that rules made under subsection (11) are not subsidiary legislation. Cap 548 s 5 Functions of Committee Remarks: not yet in operation (1) Without prejudice to any other provisions of this Ordinance, the Director may seek the advice of the Committee on any matter which is connected with or incidental to- (a) the performance of his functions, or the exercise of his powers, under this Ordinance; or (b) the general regulation or control of local vessels in Hong Kong.(2) The Committee shall advise the Director on any matter in respect of which its advice is sought under subsection (1). Cap 548 s 6 Subcommittees Remarks: not yet in operation (1) The Committee may establish subcommittees and appoint the members thereof, which may include persons who are not members of the Committee, and the Committee shall appoint a chairman for each subcommittee. (2) Any matter may be referred by the Chairman of the Committee to a subcommittee. (3) The Chairman of the Committee shall have the right to attend at any meeting of any subcommittee, whether or not he was appointed as a member of that subcommittee. (4) The Chairman of the Committee or the chairman of a subcommittee may convene a meeting of the subcommittee. (5) Not less than 1/4 of the members of a subcommittee shall form a quorum at any meeting of the subcommittee but, in any case, a quorum of the subcommittee shall not be less than 2 members. (6) Notwithstanding subsection (1), a subcommittee may co-opt additional persons as members of the subcommittee, and shall at all times furnish the Chairman of the Committee with particulars of all persons co-opted. (7) Upon the conclusion of its deliberations a subcommittee shall prepare a report covering all aspects of its work for the consideration of the Committee, which report shall be forwarded to the Chairman and the secretary of the Committee for inclusion on the agenda of the next meeting of the Committee. (8) Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply to a subcommittee and appointments to the subcommittee- (a) as if the subcommittee were a committee; (b) except in so far as that Part is inconsistent with the provisions of this Ordinance. Cap 548 s 7 Authorization of surveyors Remarks: not yet in operation (1) The Director may authorize in writing a person, or a person belonging to a class of persons, who is not a public officer to be a surveyor for the purposes of this Ordinance subject to such conditions, if any, as the Director thinks fit and specified in the authorization. (2) Where the Director refuses to authorize a person as a surveyor for the purposes of this Ordinance, or authorizes a person as a surveyor for the purposes of this Ordinance subject to conditions, he shall serve a notice in writing on the person setting out the reasons for the refusal or conditions, as the case may be. (3) Where the Director is satisfied that an authorized surveyor has contravened any of the conditions of his authorization, he may serve a notice in writing on the surveyor revoking the authorization and setting out the reasons for the revocation. (4) The Director, or a Government surveyor authorized in writing by the Director to do so, may carry out an audit check of any survey carried out by an authorized surveyor for the purposes of this Ordinance. (5) For the avoidance of doubt, it is hereby declared that the Director may authorize a person as a surveyor for the purposes of this Ordinance subject to the condition that he is such a surveyor only in relation to a local vessel of which he is the owner. (6) A certificate in the specified form issued by a Government surveyor, or surveyor authorized for the purposes of this Ordinance, in respect of a survey carried out on a local vessel may have endorsed on it a statement to the effect that the vessel is not fit to operate safely- (a) beyond the waters of Hong Kong; (b) in such other waters, if any, as are specified in the certificate. Cap 548 s 8 Approval of codes of practice by Director Remarks: not yet in operation PART III CODES OF PRACTICE (1) Subject to subsection (8), for the purpose of providing practical guidance in respect of any requirements under this Ordinance, the Director may- (a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose; and (b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.(2) Where a code of practice is approved under subsection (1), the Director shall, by notice in the Gazette- (a) identify the code concerned and specify the date on which its approval is to take effect; and (b) specify for which of the requirements under this Ordinance the code is so approved.(3) The Director may- (a) from time to time revise the whole or any part of any code of practice prepared by him under this section; and (b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1). (4) The Director may at any time withdraw his approval from any code of practice approved under this section. (5) Where under subsection (4) the Director withdraws his approval from a code of practice approved under this section, he shall, by notice in the Gazette, identify the code concerned and specify the date on which his approval of it is to cease to have effect. (6) References in this Ordinance to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section. (7) The power of the Director under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by him shall include power to approve a part of such a code and, accordingly, in this Ordinance "code of practice" (工作守则) may be read as including a part of such a code. (8) The Director shall, before approving a code of practice under subsection (1) or any revision or proposed revision of the code under subsection (3), consult with- (a) the Committee; and (b) such other interested persons as he thinks fit.(9) For the avoidance of doubt, it is hereby declared that different codes of practice may be approved under subsection (1) for different classes of local vessels, and may be so approved for the same or different requirements referred to in that subsection. Cap 548 s 9 Use of approved codes of practice in proceedings under this Ordinance Remarks: not yet in operation (1) A failure on the part of any person to observe any provision of a code of practice approved under section 8 shall not of itself render the person liable to any civil or criminal proceedings but where in any proceedings under this Ordinance a person is alleged to have contravened a requirement under this Ordinance, being a requirement for which there was an approved code of practice at the time of the alleged contravention, subsection (2) shall have effect with respect to such code in relation to those proceedings. (2) Any provision of a code of practice which appears to a specified body to be relevant to a requirement under this Ordinance alleged to have been contravened shall be admissible in evidence in the proceedings under this Ordinance concerned and if it is proved that there was at any material time a failure to observe any provision of the code which appears to that body to be relevant to any matter which it is necessary to prove in order to establish a contravention of such requirement, that matter shall be taken as proved in the absence of evidence that such requirement was in respect of that matter complied with otherwise than by way of observance of that provision. (3) In any proceedings under this Ordinance, a code of practice which appears to a specified body to be the subject of a notice under section 8 shall be taken to be the subject of such notice in the absence of evidence to the contrary. (4) In this section- "proceedings under this Ordinance" (根据本条例进行的法律程序) includes any criminal proceedings where a person is alleged to have committed an offence by reason of a contravention of a requirement under this Ordinance; "specified body" (指明当局) means- (a) a magistrate; (b) a court; or (c) the Administrative Appeals Board. Cap 548 s 10 Application Remarks: not yet in operation PART IV CERTIFICATION AND LICENSING OF LOCAL VESSELS This Part shall not apply to any local vessel- (a) which is a pleasure vessel- (i) from a place outside Hong Kong; and (ii) which does not remain in the waters of Hong Kong for more than 182 days out of 365 consecutive days;(b) which is a pleasure vessel- (i) not fitted with an engine; and (ii) in the opinion of the Director, incapable of being fitted with an engine;(c) which is a licensed dwelling vessel; (d) which has never been launched. Cap 548 s 11 Local vessel must be certificated Remarks: not yet in operation (1) Every local vessel shall be certificated. (2) Where subsection (1) is contravened, the owner of the local vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 4 and to imprisonment for 1 year. Cap 548 s 12 Ownership of local vessel Remarks: not yet in operation (1) The owner of a local vessel shall be- (a) an individual who holds a valid identity card and who is ordinarily resident in Hong Kong; or (b) a company or overseas company within the meaning of the Companies Ordinance (Cap 32).(2) The Director shall refuse to certificate a local vessel or to transfer its certificate of ownership to a new owner where the owner or transferee, as the case may be, is not a person referred to in subsection (1). Cap 548 s 13 Certificated local vessel must be licensed Remarks: not yet in operation (1) Every certificated local vessel shall be annually licensed except that this subsection shall not apply during any period when the vessel is the subject of a written permission under section 66 which is in force. (2) Where subsection (1) is contravened, the owner of the local vessel, his agent and the coxswain commit an offence and each of them is liable on conviction to a fine at level 4 and to imprisonment for 1 year. Cap 548 s 14 Offences in relation to carrying of passengers Remarks: not yet in operation (1) No unlicensed local vessel shall carry any passenger. (2) No licensed vessel shall carry any passenger unless the conditions of its operating 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 operating licence. (4) If without reasonable excuse subsection (1) or (2) is contravened, the owner of the vessel, his agent and the coxswain commit an offence and each of them is liable on conviction to a fine at level 5 and to imprisonment for 2 years, and to an additional fine at level 2 in respect of each passenger carried on the vessel in contravention of that subsection. (5) If without reasonable excuse subsection (3) is contravened, the owner of the vessel, his agent and the coxswain commit an offence and each of them is liable on conviction to a fine at level 4 and to imprisonment for 1 year, and to an additional fine at level 1 in respect of each person carried in excess of the number that may lawfully be carried. Cap 548 s 15 Additional licence fees Remarks: not yet in operation (1) Without prejudice to the liability for an offence under section 13(2), the Director may, in the case of- (a) a local vessel which is not licensed, require the owner of the vessel to pay, in addition to the prescribed licence fee for the issue of an operating licence, the prescribed licence fees which would have become payable if the vessel has been licensed from the date the vessel has been without a licence in contravention of section 13(1); (b) a local vessel the operating 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 operating licence had been renewed from the date of expiry of the previous operating licence.(2) The owner of a local vessel may be required to pay the additional licence fees payable under subsection (1) in respect of a period prior to the issue or renewal of an operating licence whether or not he was the owner of the vessel during that entire period. (3) The additional licence fees under subsection (1) shall not be payable in respect of any period during which the operating licence of the vessel was terminated by notice to the Director. Cap 548 s 16 Local certificate of competency for persons employed as coxswains, etc. Remarks: not yet in operation PART V LOCAL CERTIFICATES OF COMPETENCY AND INQUIRIES (1) The Director shall cause examinations to be conducted for the grant of local certificates of competency required to be held by persons employed as coxswains, engine operators or pleasure vessel operators on vessels, and shall appoint examiners for that purpose. (2) The Director may make rules providing for- (a) the issue by the Director of local certificates of competency and the method of granting such certificates; (b) the classes and grades of local certificates of competency and the endorsements appropriate to each class and grade; (c) the combining of 2 or more classes or grades of local certificate of competency in one document if appropriate; (d) the addition or removal of endorsements on local certificates of competency; (e) the recognition of one type of local certificate of competency as equivalent to another type of local certificate of competency for all or specified purposes; (f) the procedure for applying for a local certificate of competency and for the conduct of examinations under subsection (1); (g) the subjects to be taken at such examinations or the manner in which those subjects are to be specified; (h) the standards of competency to be attained by candidates in order to pass such examinations and other conditions to be satisfied by candidates, and applicants for a local certificate of competency; (i) the requirements to be satisfied for a person to be exempted under subsection (5) from any part of such an examination; (j) the requirements to be satisfied for the grant of a local certificate of competency under subsection (4); (k) the recognition of certificates of competency issued by the Director under any enactment or by the appropriate authority of another jurisdiction as equivalent, for all purposes or for purposes specified by the Director, to local certificates of competency required to be held by any person under this Ordinance; (l) the issue of a copy of any local certificate of competency which has been lost, destroyed, damaged or defaced; (m) the surrender of local certificates of competency upon their expiry or replacement; (n) fees and forms, in relation to examinations conducted under subsection (1), the issue of local certificates of competency and recognition of certificates of competency as equivalent to local certificates of competency; (o) generally, provisions in respect of local certificates of competency.(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of such charge as the Director may determine, provide a copy of the rules to any person. (4) The Director may grant a local certificate of competency as a coxswain, engine operator or pleasure vessel operator to a person without requiring him to undergo the appropriate examination specified in the rules made under subsection (2), if the person produces to the Director suitable documentary evidence, or satisfies the Director in a manner specified in the rules, of his competence for the grant of such a certificate. (5) Without prejudice to subsection (4), the Director may exempt a person from undergoing any part of the appropriate examination for the grant of a local certificate of competency specified in the rules made under subsection (2), if the person satisfies the Director in a manner specified in the rules that he is qualified for such exemption. (6) Rules made under subsection (2) may direct that no local certificate of competency shall be granted to any person unless- (a) he has reached such minimum age as may be specified therein; and (b) he has obtained such experience or performed such service on such class of vessel as may be specified therein.(7) Rules made under subsection (2) may direct that a local certificate of competency shall expire upon the holder's attaining such age as may be specified therein but that it may thereafter be extended for such periods and in such manner as may be so specified. (8) For the avoidance of doubt, it is hereby declared that rules made under this section are not subsidiary legislation. Cap 548 s 17 Inquiry into fitness or conduct of holder of local certificate of competency Remarks: not yet in operation (1) Where it appears to the Director that the holder of a local certificate of competency- (a) is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason; or (b) has been seriously negligent in the discharge of his duties,the Director may cause an inquiry to be held and may, if he thinks fit, suspend, pending the outcome of the inquiry, the certificate and require the holder to deliver it to him. (2) Where an inquiry is to be held under this section- (a) the inquiry shall be- (i) held by one or more persons appointed by the Chief Justice; and (ii) conducted in accordance with rules made under section 20 (which rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors); and(b) the persons holding the inquiry shall for the purpose of the inquiry have the powers given by section 18(1).(3) The persons holding an inquiry under this section and the assessors assisting them shall be remunerated at a rate which shall take account of the amount of work and time occupied by them upon the business of the inquiry and such remuneration shall be determined by the Secretary for Economic Development and Labour either generally from time to time or specifically in any particular case: (Amended L.N. 106 of 2002) Provided that nothing in this subsection shall be construed to authorize the payment of remuneration to any person employed full time in any office of emolument under the Government. (4) The persons holding an inquiry under this section into the fitness or conduct of the holder of a local certificate of competency- (a) may, if satisfied of any of the matters specified in subsection (1)(a) or (b), cancel or suspend the certificate or censure him; (b) may make such order with regard to the costs of the inquiry or any part thereof (including witnesses' costs) as they think just, and such order shall be enforced by them in the same way as an order for costs under the Magistrates Ordinance (Cap 227); and (c) shall make a report on the case to the Director,and, if the certificate is cancelled or suspended, the holder, unless he has delivered it to the Director pursuant to subsection (1), shall deliver it forthwith to the persons holding the inquiry or to the Director. (5) Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from him by the Director. Cap 548 s 18 Powers of persons holding inquiry, etc. Remarks: not yet in operation (1) The persons holding an inquiry under section 17 may- (a) make such examination and investigation as they consider necessary for the purpose of the inquiry; (b) require any person who they have reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (a)- (i) to attend at a place and time specified by the persons holding the inquiry; (ii) to answer (in the absence of persons other than any persons whom the persons holding the inquiry may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the persons holding the inquiry think fit to ask; (iii) to sign a declaration of the truth of his answers;(c) require the production of, and inspect and take copies of or of any entry in- (i) any books or documents which by virtue of any provisions of the Merchant Shipping Ordinance (Cap 281), the Shipping and Port Control Ordinance (Cap 313), the Merchant Shipping (Safety) Ordinance (Cap 369), the Merchant Shipping (Seafarers) Ordinance (Cap 478) or this Ordinance are required to be kept; (ii) any other books or documents which they consider it necessary for them to see for the purposes of any examination or investigation under paragraph (a);(d) require any person to afford them such facilities and assistance with respect to any matters or things within that person's control, or in relation to which that person has responsibilities as the persons holding the inquiry consider are necessary to enable them to exercise any of the powers conferred on them by this section.(2) A person shall be obliged to answer questions put to him under this section by the persons holding the inquiry, but if the answers might tend to incriminate him, and he so claims before answering the question, neither the question nor the answer shall be admissible in evidence against him in criminal proceedings other than proceedings for an offence under section 36 of the Crimes Ordinance (Cap 200), or for perjury, in respect of the answer, and the persons holding the inquiry shall, before asking any question under this section, inform the person concerned of the limitation imposed by this subsection in respect of the admissibility in evidence of the question and any answer given. (3) Any person who refuses to attend as a witness before any person having the powers specified in subsection (1), after having been required in the exercise of any such power to do so, or refuses or neglects to make any answer, or to give any return, or to produce any document in his possession or under his control, or to make or subscribe any declarations required by any such person in the exercise of any such power, commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 19 Re-hearing of and appeal from inquiries, etc. Remarks: not yet in operation (1) Where an inquiry has been held under section 17, the Director may, on application by any person or otherwise, order the whole or part of the case to be re-heard, and shall do so- (a) if new and important evidence which could not be produced at the inquiry has been discovered; or (b) if there appears to him to be other grounds for suspecting that a miscarriage of justice may have occurred.(2) Where a re-hearing is to be held under this section- (a) the re-hearing shall be held by one or more persons appointed by the Chief Justice, who may provide for the re-hearing to be held by the persons who held the inquiry to which the order under subsection (1) relates; (b) the re-hearing shall be conducted in accordance with rules made under section 20; and (c) section 17(2)(b), (3), (4) and (5) shall, with any necessary modifications, apply to and in relation to the re-hearing as it applies to and in relation to an inquiry.(3) Where the persons holding an inquiry have decided to cancel or suspend the local certificate of competency of any person or have found any person at fault, then, if no application for an order under subsection (1) has been made or such an application has been refused, that person or any other person who- (a) has an interest in the inquiry; (b) has appeared at the hearing; (c) is affected by the decision or finding; and (d) is dissatisfied in point of law with the decision or finding,may appeal to the Court of First Instance. (4) Where the persons holding a re-hearing under this section have- (a) confirmed (whether with or without variation) a decision at an inquiry to cancel or suspend the local certificate of competency of any person or a finding at an inquiry that any person was at fault; or (b) decided to cancel or suspend the local certificate of competency of any person or have found any person at fault,then, in either case, that person or any other person who- (i) has an interest in the re-hearing; (ii) has appeared at the re-hearing; (iii) is affected by the decision or finding; and (iv) is dissatisfied in point of law with the decision or finding,may appeal to the Court of First Instance. (5) If on an appeal under subsection (3) or (4) the Court of First Instance is of the opinion that the decision or finding of the persons holding the inquiry or re-hearing was erroneous in point of law, the Court may- (a) allow the appeal and give such directions in the matter as it thinks proper; or (b) remit the matter to those persons for determination in accordance with the Court's decision on the point of law. Cap 548 s 20 Rules as to inquiries, etc. Remarks: not yet in operation (1) The Chief Justice may make rules for the conduct of inquiries under section 17 and for the conduct of any re-hearing under section 19. (2) Without prejudice to the generality of subsection (1), rules made under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected. Cap 548 s 21 Power to restore certificate, etc. Remarks: not yet in operation Where a local certificate of competency has been cancelled or suspended under this Part, the Director, if required to do so by the Court of First Instance or the persons holding the inquiry concerned, shall re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or shall grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate. Cap 548 s 22 Offences relating to local certificates of competency Remarks: not yet in operation (1) Any person who- (a) makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other person, a local certificate of competency; (b) fraudulently uses a local certificate of competency or copy of a local certificate of competency which has been forged, altered, cancelled or suspended or to which he is not entitled; or (c) fraudulently lends his local certificate of competency or allows it to be used by any other person,commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. (2) Where a person is convicted of an offence under subsection (1), the Director may cancel, or suspend for any period, the local certificate of competency in respect of which the offence is committed. Cap 548 s 23 Surrender of local certificates of competency Remarks: not yet in operation If- (a) a person fails to deliver a local certificate of competency as required under section 17(1) or (4); or (b) on the cancellation or suspension of a local certificate of competency under section 22, the holder of the certificate, or any person in possession of it, without reasonable excuse fails to deliver it to the Director on being required by him to do so, he commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 24 Power to give directions Remarks: not yet in operation PART VI SAFETY OF NAVIGATION The Director may give to an owner or his agent or to a coxswain of, or other person who appears to the Director to have control over, a local vessel such directions as he thinks fit in any particular case- (a) for controlling the vessel when entering or leaving the waters of Hong Kong; (b) for controlling the navigation and movement of the vessel in the waters of Hong Kong; (c) as to the place and manner in which the vessel shall be berthed, moored, anchored or secured; (d) for the removal of the vessel from any berth, mooring or anchorage to another berth, mooring or anchorage; (e) prohibiting the berthing, mooring or anchoring of the vessel in any particular place; (f) for ensuring the safety of, or preventing the outbreak of fire on, the vessel in the waters of Hong Kong; (g) for preventing pollution of the waters of Hong Kong. Cap 548 s 25 Power to give directions by notice in the Gazette Remarks: not yet in operation (1) Without prejudice to the generality of section 24, the Director may, by notice in the Gazette, give to an owner or his agent or to a coxswain of, or other person who appears to the Director to have control over, any vessel belonging to a class, type or description of vessel specified in the notice such directions as he thinks fit in respect of any matter in relation to which the Director may give directions under that section. (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice.(4) Without prejudice to the generality of section 84(5) or (6), subsections (1), (2), (3) and (4) of that section shall not apply to a direction given in a notice under subsection (1). Cap 548 s 26 Closure of waters Remarks: not yet in operation (1) Where the Director reasonably believes that it is necessary in the interests of safety to close any area of the waters of Hong Kong to all vessels, or to any vessel belonging to any class, type or description of vessel, he may, by notice in the Gazette, close that area to such vessels or vessel, as the case may be. (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice; (c) shall not apply to any vessel which is being used for any fire services, ambulance, police, customs and excise or Marine Department purpose if compliance with the notice is likely to hinder the use of that vessel for that purpose.(4) If without reasonable excuse a vessel the subject of a notice under subsection (1) enters an area of the waters of Hong Kong the subject of that notice, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. Cap 548 s 27 Application of collision regulations and use of signals of distress regulations Remarks: not yet in operation (1) Subject to any special provision in or under this Ordinance, the collision regulations and the use of signals of distress regulations shall apply to all local vessels wherever they may be, and shall, for the purpose of their application by virtue of this section, be read and construed as if references to "ships" were references to "local vessels within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap 548)" and references to "registered in Hong Kong" were deleted. (2) If any of the collision regulations is contravened by a local vessel, the owner of the vessel, his agent, the coxswain and any person for the time being responsible for the conduct of the vessel shall each be guilty of an offence and liable on conviction to a fine at level 4. (3) It shall be a defence to a charge under subsection (2) for the person charged to prove that he took all reasonable precautions to prevent the contravention to which the charge relates. (4) If the coxswain of a vessel uses or displays or causes or permits any person under his authority to use or display- (a) any signal prescribed by the collision regulations except in the circumstances and for the purposes prescribed by the use of signals of distress regulations; or (b) any private signal, whether registered or not, which is liable to be mistaken for any signal prescribed by the collision regulations,he commits an offence and is liable on conviction to a fine at level 4 and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage. Cap 548 s 28 Port clearance to be obtained before departure Remarks: not yet in operation (1) Subject to subsection (2), no local vessel shall depart the waters of Hong Kong unless there is in relation to the vessel a valid port clearance in writing obtained in the prescribed manner. (2) Subsection (1) shall not apply- (a) to any vessel for the time being used for any purpose by the Government; (b) to any vessel of a class that is exempted by the Director by notice in the Gazette from the operation of this section; or (c) to any vessel that is obliged to leave any port or the waters of Hong Kong due to weather conditions, or other circumstances beyond the control of its coxswain, in the interests of safety of the vessel, its cargo, crew or passengers.(3) If subsection (1) is contravened, the coxswain commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. Cap 548 s 29 Assistance to be rendered in event of collision Remarks: not yet in operation (1) Where two vessels collide and either of those vessels is a local vessel it shall be the duty of the coxswain or person in charge of the local vessel involved in the collision, if and so far as he can do so without danger to his own vessel, crew and passengers, if any- (a) to render to the other vessel, the coxswain, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that there is no need of further assistance; and (b) to give to the coxswain or person in charge of the other vessel- (i) the name of his vessel; (ii) the name of the port to which it belongs; and (iii) the names of the ports from which it comes and to which it is bound.(2) If the coxswain or person in charge of any vessel involved in a collision fails without reasonable cause to comply with subsection (1), he commits an offence and is liable on conviction to a fine at level 5. Cap 548 s 30 Unseaworthy vessels Remarks: not yet in operation Any owner, agent or coxswain who permits a local vessel to operate while it is in an unseaworthy or unsafe condition, whether by reason of overloading or from any other cause whatsoever, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. Cap 548 s 31 Cutting of moorings Remarks: not yet in operation Any person, other than the Director or a person authorized by him, who without lawful excuse cuts a mooring or fastening of a local vessel commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 32 Endangering the safety of others Remarks: not yet in operation Any person (wherever he may be) who by any unlawful act, or in any manner whatsoever without reasonable excuse, endangers or causes to be endangered the safety of any person conveyed in or being in or upon any local vessel or in the sea commits an offence and is liable- (a) on conviction on indictment to a fine of $200000 and to imprisonment for 4 years; and (b) on summary conviction to a fine of $200000 and to imprisonment for 2 years. Cap 548 s 33 Scuttling or beaching vessel Remarks: not yet in operation Any person who, by any unlawful act or in any manner whatsoever without reasonable excuse- (a) disables, abandons, scuttles or beaches any local vessel within the waters of Hong Kong; or (b) fails to notify the Director thereof within 24 hours immediately following that disablement, abandonment, scuttling or beaching,commits an offence and is liable- (i) on conviction on indictment to a fine of $200000 and to imprisonment for 4 years; and (ii) on summary conviction to a fine of $200000 and to imprisonment for 2 years. Cap 548 s 34 Use of port facilities Remarks: not yet in operation PART VII PORT FACILITIES (1) Subject to any other provisions of this Ordinance, no person shall use a port facility otherwise than for the purpose for which it is provided. (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2. Cap 548 s 35 Damage, etc., to aids to navigation Remarks: not yet in operation (1) Any person who wilfully or negligently- (a) removes, alters, damages, destroys, or interferes with, any aid to navigation or mooring; or (b) makes fast to any aid to navigation,commits an offence and is liable on conviction to a fine at level 2. (2) If an offence under subsection (1) is committed by a person on or in respect of a local vessel, then, in addition to that person, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2. Cap 548 s 36 Liability for damage to port facilities, etc. Remarks: not yet in operation (1) Where any damage is caused by a local vessel to any port facility, pier, breakwater or other property owned by the Government, the owner of the vessel, his agent and the coxswain of the vessel shall, without prejudice to the liability for an offence under this Ordinance, be jointly and severally liable for any loss arising out of the damage to the extent that such loss is attributable to any fault on the part of the vessel or to any wilful or negligent act of any person on the vessel. (2) Such loss may be recovered by the Director as a civil debt. Cap 548 s 37 Interpretation Remarks: not yet in operation PART VIII WORKS (Amended 70 of 1999 s. 18) In this Part, unless the context otherwise requires- "approved code" (《守则》) means a code of practice issued under section 45A; (Added 70 of 1999 s. 19) "crane" (起重机) means any appliance equipped with mechanical means of hoisting and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of the appliance; but does not include- (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyer whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; (Added 70 of 1999 s. 19)"inspector" (督察) means a person appointed under section 39; "machinery, equipment or appliance" (机械、装备或装置), in the case of- (a) repairs to a local vessel, means any machinery, equipment or appliance provided or used for that purpose; (b) the breaking up of a local vessel, means any machinery, equipment or appliance provided or used for that purpose; (c) cargo handling, means any lifting appliance or lifting gear provided or used for that purpose; (d) marine construction, means any machinery, equipment or appliance provided or used for that purpose; (Added 70 of 1999 s. 19)"marine construction" (海上建造工程) means any construction or reclamation works, including dredging, drilling, pipe laying, buoy laying, cable laying and caisson construction, in which local vessels are used; (Added 70 of 1999 s. 19) "person in charge of works" (工程负责人) means- (a) the owner or coxswain of, or other person having control over, a local vessel on, to or by means of which any works are to be, or are being, carried out; (Amended 70 of 1999 s. 19) (b) a principal contractor or sub-contractor, if any, who contracts to carry out, or who carries out, any works; or (Amended 70 of 1999 s. 19) (c) any other person having for the time being in command or charge of any works being carried out on, to or by means of a local vessel; (Added 70 of 1999 s. 19)"principal contractor" (总承判商) means a person who enters into a contract directly with the owner or coxswain of, or other person having control over, a local vessel to carry out any works; "repairs" (修理), in relation to- (a) any local vessel, means any repairs, alterations or maintenance works on or to the vessel carried out by any person other than a member of the crew or coxswain of the vessel or that involve or are likely to involve the safety of any person other than a member of the crew or the coxswain; and (b) any local vessel carrying dangerous goods, means any repairs, alterations or maintenance works on or to the vessel capable of providing an ignition source, including those that involve welding, burning or the use of blow lamps, braziers or other devices using combustible materials;"sub-contractor" (次承判商) means- (a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the works which the principal contractor has contracted to perform; and (b) any other person who enters into a contract, express or implied, to perform all or any part of the works which a sub-contractor within the meaning of paragraph (a) has contracted to perform;"works" (工程) means- (a) repairs to any local vessel; (b) the breaking up of a local vessel; (Amended 70 of 1999 s. 19) (c) cargo handling on a local vessel; or (Amended 70 of 1999 s. 19) (d) marine construction. (Added 70 of 1999 s. 19) Cap 548 s 38 Application Remarks: not yet in operation This Part shall not apply to- (a) a local vessel which is outside the waters of Hong Kong; or (b) repairs to, or the breaking up of, a local vessel which is- (i) in a dock other than a floating dock; or (ii) on a slip or mechanical lift. Cap 548 s 39 Appointment of inspectors Remarks: not yet in operation The Director shall appoint such persons as he thinks fit to be inspectors for the purposes of this Part. Cap 548 s 40 Powers of Director and inspectors Remarks: not yet in operation (1) The Director and an inspector shall have power- (a) at any reasonable time (or, in a situation which in the opinion of the Director or an inspector is or may be dangerous, at any time) to board any local vessel within the waters of Hong Kong which he has reason to believe it is necessary to board for the purposes of this Part, and for the purpose of boarding any such vessel which is floating alongside any premises at a seawall or pier, to enter such premises; (b) to take with him such persons as may be necessary to assist him in the exercise of his powers, or performance of his duties, under this Part; (c) to inspect and examine any local vessel on or to which any works are being carried out; (d) to make such examination and inquiry as may be necessary to ascertain that safe working conditions obtain and that the provisions of this Part are complied with; (e) to investigate any accident involving any works or injury to any person arising out of or in the course of carrying out any works; (f) to require the production of any register, certificate or other document required to be kept in pursuance of regulations made under section 89 and to inspect and copy any of them or any entry in them; and (g) to require the posting of any notice in pursuance of regulations made under section 89 or any notice related to works, machinery, equipment or appliances, or the safety of persons employed in carrying out any works.(2) The owner or coxswain of, or other person having control over, a local vessel shall furnish such safe means required by the Director or an inspector as are necessary for the purposes of boarding, inspection, examination, investigation, or otherwise for the exercise of his powers under this Part. (3) Any person who- (a) without reasonable excuse fails to comply with any requirement of the Director or an inspector in pursuance of this section; (b) without reasonable excuse fails to produce any register, certificate or other document which he is required in pursuance of this Part to produce; or (c) without reasonable excuse withholds any information as to who is the owner or coxswain of, or person having control over, a local vessel, or the owner of any machinery, equipment or appliance provided or used for the carrying out of any works,commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. Cap 548 s 41 Restriction on carrying out repairs or breaking up of local vessels Remarks: not yet in operation (1) Subject to subsections (1A) and (2), no owner or coxswain of, or other person having control over, a local vessel shall, except with the written permission of the Director, carry out, or cause to be carried out, any repairs to, or break up, the vessel. (Amended 70 of 1999 s. 21) (1A) Subsection (1) does not apply to any local vessels of 50 metres or less in length unless the Director gives written notification to the person in charge of works that subsection (1) applies to that vessel. (Added 70 of 1999 s. 21) (2) The Director may, by notice in the Gazette, specify any type of repairs to a local vessel in respect of which permission under subsection (1) is not required. (3) Any person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. Cap 548 s 42 Safe atmosphere Remarks: not yet in operation (1) Where a local vessel is being repaired or broken up, the person in charge of works shall not- (a) provide or use, or cause to be provided or used, any machinery, equipment or appliance that is capable of providing an ignition source; or (b) carry out, or cause to be carried out, any works that involve welding or burning, the use of blow lamps, braziers or other devices using combustible materials,in an atmosphere containing flammable vapours, flammable gases or explosive dusts. (2) A person in charge of works who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year. Cap 548 s 43 Directions regarding repairs or breaking up of local vessels Remarks: not yet in operation (1) The Director may direct any person who, in the opinion of the Director, is the owner or coxswain of a local vessel, or who claims or appears to the Director to exercise control over a local vessel, that is to be repaired or broken up or is being repaired or broken up, or who is in charge of the repairs or the breaking up of a local vessel- (a) to remove the vessel to a position or place within the waters of Hong Kong specified by the Director; (b) to comply with such safety requirements as may be specified by the Director generally or in any particular case; (c) to comply with any other requirements which may be specified by the Director in respect of the manner in which the vessel may be repaired or broken up; (d) in the case of the breaking up of the vessel, to give security, in cash or otherwise, in such amount as the Director may consider necessary to ensure the effective breaking up and complete removal of the vessel.(2) Any person who fails to comply with any direction given to him under subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months, and to an additional fine of $1000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director on such person. Cap 548 s 44 Prohibition against use of dangerous equipment, etc. Remarks: not yet in operation (1) A person in charge of works shall not provide or use, or cause to be provided or used, any machinery, equipment or appliance for the carrying out of the works if the machinery, equipment or appliance is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury. (2) If the Director or an inspector has reasonable grounds to believe that any machinery, equipment or appliance provided or used for the carrying out of any works is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury, the Director or inspector may give directions to the person in charge of works- (a) prohibiting the use of the machinery, equipment or appliance, or if it is capable of repair or alteration, prohibiting its use until it is repaired or altered as specified in the direction; or (b) requiring him to take such other steps as may be specified in the directions for remedying the unnecessary risk of accident or bodily injury.(3) A person in charge of works who- (a) contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year; (b) fails to comply with any direction given to him under subsection (2) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months, and to an additional fine of $1000 for each day during which su
手机扫一扫
手机浏览移动版