法邦网—法律法规查看

　 (Cap 313, section 63) [1 August 1984] (L.N. 243 of 1984, L.N. 316 of 1984, L.N. 325 of 1984, L.N. 333 of 1984, L.N. 28 of 1985, L.N. 264 of 1985, L.N. 310 of 1986, L.N. 5 of 1988, L.N. 147 of 1988, R. Ed. 1988, L.N. 17 of 1989, R.Ed. 1989, L.N. 590 of 1994, L.N. (C) 76 of 1996 (Chinese authentic version), 64 of 1999) Cap 313N para 1 Citation This notice may be cited as the Shipping and Port Control Ordinance (Exemption) (1984-89 Consolidation) Notice. Cap 313N para 2 Exemption Vessels of the type or types specified in- (a) (Repealed L.N. 590 of 1994) (b) Part II of Schedule 1 are from 31 August 1984 exempted from the requirements of the regulations listed in Part II of Schedule 2 subject to the conditions contained in Part II of Schedule 3; (c) Part III of Schedule 1 are from 21 September 1984 exempted from the requirements of the regulations listed in Part III of Schedule 2 subject to the conditions contained in Part III of Schedule 3; (d) Part IV of Schedule 1 are from 15 February 1985 exempted from the requirements of the regulations listed in Part IV of Schedule 2 subject to the conditions contained in Part IV of Schedule 3; (e) Part V of Schedule 1 are from 6 September 1985 exempted from the requirements of the regulations listed in Part V of Schedule 2 subject to the conditions contained in Part V of Schedule 3; (f) Part VI of Schedule 1 are from 19 December 1986 exempted from the requirements of the regulations listed in Part VI of Schedule 2 subject to the conditions contained in Part VI of Schedule 3; (g) Part VII of Schedule 1 coming under survey for the first time shall from 20 January 1989 be exempt from the requirements of the regulations listed in Part VII of Schedule 2 subject to the conditions contained in Part VII of Schedule 3; (h) Part VIII of Schedule 1 shall be deemed from 12 August 1983 exempted from the requirements of the regulation listed in Part VIII of Schedule 2; Cap 313N Sched 1 TYPE OF VESSEL TO WHICH EXEMPTION APPLIES Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 [paragraph 2] PART I (Repealed L.N. 590 of 1994) PART II Passenger carrying sidewall hovercraft ships of Types HM 216, HM 218 and HM 527- (a) which were built by Vosper Hovermarine Ltd.; (b) which have been registered in Hong Kong; and (c) which operate solely within the waters of Hong Kong. (L.N. 316 of 1984) PART III Vessels of Class II, Class IV, Class V or Class VI as classified under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.), which are fitted with a "Gardner" type engine not exceeding 152 brake horse power. (L.N. 333 of 1984) PART IV Vessels of not more than 20 m in length equipped with mechanical means of propulsion. (L.N. 28 of 1985) PART V Vessels plying as water boats. (L.N. 264 of 1985) PART VI 1. Dumb lighters registered in a port of the Mainland of China. 2. Dumb lighters of any registry fitted with bottom dump doors. (L.N. 310 of 1986; 64 of 1999 s. 3) PART VII Open sampans of less than 10 m in length and fitted with a petrol outboard engine of a power not exceeding 12 kW. (L.N. 17 of 1989) PART VIII 1. Vessels of Class II, Class IV or Class V as classified under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.), which are fitted with an engine not exceeding 38 kW power. 2. Fishing vessels of Class IV or VI as classified under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.), which are fitted with an engine not exceeding 83 kW power. (L.N. 147 of 1988) Cap 313N Sched 2 REQUIREMENTS FROM WHICH EXEMPTION IS GRANTED [paragraph 2] PART I (Repealed L.N. 590 of 1984) PART II The Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 313 sub. leg.) (1) Those provisions of regulation 14 which by implication require a vessel to be- (a) properly found with anchors and cables; (b) capable of passing a stability test; (c) equipped with life saving appliances in accordance with the Merchant Shipping (Life Saving Appliances) Regulations (Cap 369 sub. leg.); (d) provided with fire-extisguishing appliances in accordance with the Merchant Shipping (Fire Appliances) Regulations (Cap 369 sub. leg.).(2) Those provisions of regulation 15(1) which by implication prescribe a scale of clear spaces to be provided on the main deck and all decks above the main deck for passengers on a Class I, Class II or Class III ferry vessel. (L.N. 316 of 1984) PART III The Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.) Regulation 48A(1)(b) (L.N. 333 of 1984) PART IV The Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.) Regulation 48A(1)(a) (L.N. 28 of 1985) PART V The Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.) Regulation 46(1) to the extent that it requires a water boat to be constructed of steel. (L.N. 264 of 1985) PART VI The Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.) Regulations 45A and 45C (L.N. 310 of 1986) PART VII The Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.) Regulation 10(1) Regulation 11(1) (L.N. 17 of 1989) PART VIII The Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.) Regulation 48A(1)(b) (L.N. 147 of 1988) Cap 313N Sched 3 CONDITIONS [paragraph 2] PART I (Repealed L.N. 590 of 1994) PART II The exemption is conditional upon such ship complying with- (a) the conditions of any licence issued in respect of it under the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 313 sub. leg.) by the Director; and (b) any other conditions specified in writing in respect of it on behalf of the Director. (L.N. 316 of 1984) PART III The exemption shall only apply to a vessel if the person in charge of the machinery of the vessel is the holder of a local certificate of competency in respect of engines up to 150 brake horse power. (L.N. 333 of 1984) PART IV The exemption shall only apply to a vessel if the person in charge thereof is the holder of a local certificate of competency as master of a powered vessel of 60 tons and under. (L.N. 28 of 1985) PART V The exemption shall only apply where- (a) the vessel supplies water only to vessels licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313); and (b) the water is carried in a steel tank or tanks. (L.N. 264 of 1985) PART VI 1. The exemption shall only apply- (a) to a vessel of the type specified in item 1 in Part VII of Schedule 1, if such vessel has been assigned a freeboard by the Registrar of Shipping of the People's Republic of China in accordance with the Convention of 1966; and (b) to a vessel of the type specified item 2 in Part VII of Schedule 2, if such vessel has been assigned a less than minimum freeboard in accordance with the Convention of 1966 and the procedure laid down for the assignment of freeboard for such vessels by the Department of Transport of the United Kingdom in the Instructions on the Survey of Load Line Ships 1973, published by Her Majesty's Stationery Offices, or by the Bureau Veritas in its booklet, N.I. 144 BM 1 of January 1971. 2. In this Part- "Convention of 1966" (1966年约) means the International Convention on Load Lines signed in London on 5 April 1966. (L.N. 310 of 1986) PART VII 1. The exemption shall only apply to a vessel which- (a) carries no fare-paying passengers; and (b) carries no fuel other than in a portable metal tank fitted with a fuel pipe line all of a type approved by the manufacturer of the engine.2. The exemption shall terminate on the expiration of 12 months from 20 January 1989. (L.N. 17 of 1989)