(Cap 313, sections 35(1))* [1 April 1970] (L.N. 12 of 1970) ___________________________________________________________________ Note: * These regulations were made under the repealed section 97 and 105 of the Merchant Shipping Ordinance (Cap 281, 1974 R. Ed.). See section 119(1) of the Merchant Shipping Ordinance (Cap 281) and section 35(1) of the Shipping and Port Control Ordinance (Cap 313). Cap 313G reg 1 Citation These regulations may be cited as the Merchant Shipping (Pleasure Vessels) Regulations. Cap 313G reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "licence" (牌照) means a licence issued under regulation 3; "licensed owner" (持牌拥有人) means the person whose name is endorsed on the licence of a pleasure vessel as the licensed owner of the pleasure vessel under regulation 3(3); "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 carried on 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 or hire-purchase agreement,but does not include any launch, yacht, inflatable vessel, junk, lorcha or other vessel that has never been launched; (L.N. 219 of 1981)"prescribed fee" (订明费用) means the fee prescribed in the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.). (2) For the purposes of these regulations- (a) any person who- (i) is the sole, joint or part owner of a pleasure vessel which is not subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument; (ii) is the hirer under, and is entitled to possession of a pleasure vessel which is subject to the terms of, a hire-purchase agreement; or (iii) is a party to, and is entitled to possession of a pleasure vessel which is subject to the terms of, a bill of sale or other similar instrument, shall be deemed to be the owner of the pleasure vessel; and(b) any person who- (i) is the owner of a pleasure vessel which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument but who is not entitled to possession of the pleasure vessel; or (ii) has possession or control of a pleasure vessel under the terms of a charter agreement, shall be deemed not to be the owner of the pleasure vessel. (L.N. 55 of 1978) Cap 313G reg 3 Licensing of pleasure vessels (1) An application for a licence in respect of a pleasure vessel shall be made- (a) where the pleasure vessel is owned by an individual who is the sole owner, by that individual; (b) where the pleasure vessel is owned by 2 or more persons at least one of whom is an individual, by that individual or, if more than one of the owners are individuals, by one of such individuals who is nominated by the other owners for that purpose; (c) where the pleasure vessel is owned solely by a company, by an individual who is nominated by the company for that purpose.(2) An application made under paragraph (1) shall be submitted to the Director on a form specified by him and shall contain- (a) the name and address of the owner or owners; (b) particulars of the pleasure vessel and of any other pleasure vessel attached to or carried on it to which paragraph (8) applies; and (c) such other particulars of the vessel and of the owner or owners thereof as the Director may from time to time require to be furnished to him. (L.N. 219 of 1981)(3) On receipt of an application under this regulation and on payment of the prescribed fee, the Director may issue a licence, licence disc and licence number in respect of the pleasure vessel for which the application is made and shall endorse on the licence the name of the applicant as the licensed owner of the pleasure vessel. (4) A licence shall be valid for such period, not exceeding 12 months, as shall be specified by the Director in the licence and shall be subject to such conditions as the Director thinks fit; and such conditions shall be endorsed on the licence. (5) The form of a licence and of a licence disc shall be determined from time to time by the Director. (6) The Director may endorse on a licence a condition that the pleasure vessel and any other pleasure vessel which, under paragraph (8), is included in the licence for the pleasure vessel- (a) shall not carry at any one time more persons than the number endorsed on the licence (and, where another vessel is included in the licence for a pleasure vessel, a different number may be endorsed on the licence in respect of each vessel); (b) shall not be used at any time between sunset and sunrise.(7) The Director shall endorse on a licence disc issued in respect of a pleasure vessel under paragraph (3) or regulation 3A the licence number of the vessel, the date of expiry of the licence and such other particulars as the Director thinks fit. (8) Where a pleasure vessel for which a licence is being applied for, referred to in this paragraph as "the parent pleasure vessel", has attached to or carried on it another pleasure vessel not exceeding 4 metres in length and having an engine not exceeding 7.5 kilowatts, the Director may, if he considers it reasonable to do so, include such other pleasure vessel in the licence for the parent pleasure vessel and such other pleasure vessel shall, so long as it is attached to or carried on the parent pleasure vessel when not in use or used in conjunction with the parent pleasure vessel, be deemed to be licensed together with the parent pleasure vessel. (L.N. 294 of 1985) (9) The licensed owner of a pleasure vessel shall cause the licence number issued to the pleasure vessel under paragraph (3) to be painted and maintained, or otherwise permanently affixed, as near as practicable amidships on each side of- (a) the pleasure vessel; and (b) any other pleasure vessel which, under paragraph (8), is included in the same licence,in figures (including any letter which is part of the licence number)- (i) the colour of which clearly contrasts with the colour of the surface on which they are painted or affixed; (ii) each of which shall be not less than 300 millimetres in height and, except in the case of the figure "1", not less than 170 millimetres in width; and (iii) marked in lines which are not less than 40 millimetres broad at any point. (L.N. 287 of 1981)(10) A licensed owner who fails to comply with paragraph (9) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 219 of 1981) (L.N. 55 of 1978) Cap 313G reg 3A Renewal of licences The Director may, on payment of the prescribed fee, renew a licence for such period, not exceeding 12 months, as he may specify; and where the Director has renewed a licence he shall issue to the licensed owner a new licence disc. (L.N. 140 of 1970; L.N. 55 of 1978) Cap 313G reg 3B Power to suspend or cancel licences The Director may suspend or cancel a licence for any breach of a condition of the licence or of any of these regulations. (L.N. 55 of 1978) Cap 313G reg 3C Display of licence discs (1) The licensed owner shall display at all times in a conspicuous position on his pleasure vessel (other than a pleasure vessel ordinarily attached to or carried on it to which regulation 3(8) applies) the current licence disc issued under regulation 3(3) or 3A in respect of the vessel. (2) A licensed owner who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $2000. (L.N. 219 of 1981) (3) A licensed owner who displays on his pleasure vessel a licence disc- (a) which has expired or is not valid for any other reason; or (b) on which the figures or other particulars are not legible,shall be guilty of an offence and shall be liable on conviction to a fine of $2000. (L.N. 219 of 1981) (L.N. 55 of 1978) Cap 313G reg 4 Record of registered particulars (1) The Director shall record in a register such particulars of every licensed pleasure vessel and of the owner or owners thereof as are submitted to him under regulation 3(2). (L.N. 55 of 1978) (2) The licensed owner of a pleasure vessel shall notify the Director in writing of any change of address or other particulars recorded on the register within 72 hours after the change thereof. (L.N. 219 of 1981) (3) A licensed owner who contravenes paragraph (2) commits an offence and is liable- (a) where the contravention relates to a change of address, to a fine of $5000; or (b) where the contravention relates to any other particulars, to a fine of $2000. (L.N. 219 of 1981) Cap 313G reg 5 Offences (1) No person shall- (a) possess a pleasure vessel; or (b) use a pleasure vessel in the waters of Hong Kong,unless there is a valid licence in respect of the vessel. (L.N. 219 of 1981) (2) Any person who contravenes paragraph (1) and, if such person is not the owner of the pleasure vessel, the owner shall each be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 1 year. (L.N. 55 of 1978; L.N. 219 of 1981) (3) Without prejudice to regulation 3B, where a breach of any condition of a licence of a pleasure vessel is committed the person in charge of the pleasure vessel and, if such person is not the licensed owner of the pleasure vessel, the licensed owner shall each be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 55 of 1978) Cap 313G reg 5A Seizure, removal and detention of vessels (1) An authorized officer may seize and remove or cause to be removed from any place or premises or from any part of the waters of Hong Kong any pleasure vessel which he has reason to believe is or has been possessed or used in contravention of regulation 5(1). (2) A pleasure vessel removed under paragraph (1) may be detained by the Director until either- (a) the pleasure vessel is licensed and there is paid to the Director a removal charge of $200 and a storage charge of $50 for every day after the second day during which the pleasure vessel is detained; or (b) the pleasure vessel is released by order of a court or magistrate under paragraph (3).(3) Where a pleasure vessel is detained under this regulation and proceedings have been taken in respect of the suspected contravention by reason of which the pleasure vessel was removed, the court or magistrate in such proceedings may order that the pleasure vessel be released and in such order may require that the vessel be licensed and that the appropriate removal and storage charges be paid to the Director before the pleasure vessel is released or, where removal and storage charges have been paid, require the Director to refund the same. (4) Where a pleasure vessel is detained under this regulation the Director with all reasonable dispatch shall give notice in writing of the detention, to the owner if the name and address of such owner is known to him, or if the name or address of the owner is not known to him, by publication of the notice in the Gazette, and if such pleasure vessel is not claimed by the owner within 3 months of the date of the notice the Director thereafter may sell by public auction or otherwise dispose of such pleasure vessel and the proceeds, if any, of such sale or disposal, after deduction of any licence fees or charges due or incurred under the Ordinance or these regulations, shall be paid into the general revenue of Hong Kong at the expiry of 12 months from the date of such sale or disposal if not previously claimed by the owner of the pleasure vessel. (5) For the purposes of this regulation the expression "pleasure vessel" (游乐船只) includes- (a) the fittings, equipment and contents on board; and (b) any trailer or other device whereby the vessel is transported. (L.N. 219 of 1981) Cap 313G reg 6 Transfer of ownership or charter of pleasure vessels (1) Where- (a) the full ownership of a licensed pleasure vessel is transferred to any other person; or (b) a licensed pleasure vessel is chartered to any person,the licensed owner shall, within 72 hours after the transfer or the charter agreement is entered into, notify the Director in writing of the name and address of the new owner or of the charterer of the vessel. (L.N. 219 of 1981) (2) Where a joint or part owner of a licensed pleasure vessel transfers his interest in the pleasure vessel to any other person, such joint or part owner shall, within 72 hours after the transfer, notify the Director in writing of the name and address of the new joint or part owner and the Director shall make the necessary alterations in the register maintained under regulation 4. (L.N. 219 of 1981) (3) Where the full ownership of a pleasure vessel in respect of which there is a current licence is transferred, the current licence of the pleasure vessel shall be transferred to the new owner until its expiry; and the new owner shall, within 72 hours after the transfer, produce the licence to the Director who shall- (a) on payment of the prescribed fee, endorse on the licence the name of the licensed owner and, for the purpose of ascertaining the name of the licensed owner, regulation 3(1) shall apply as if the reference in that regulation to an application for a licence included a reference to the production of a licence under this paragraph; and (b) make the necessary alterations in the register maintained under regulation 4.(4) A licensed owner who contravenes paragraph (1), or a joint or part owner who contravenes paragraph (2), or a new owner who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 219 of 1981) (L.N. 55 of 1978) Cap 313G reg 7 Holders of certificates of competency on vessels under way (1) No pleasure vessel of more than 3 m in length or fitted with an engine of more than 3 kW total power shall be under way in the waters of Hong Kong unless there is on board- (a) a person holding a valid and appropriate local certificate of competency as master of a pleasure vessel or an equivalent local or other certificate of competency; and (b) a person holding a valid and appropriate local certificate of competency as engineer of a pleasure vessel or an equivalent local or other certificate of competency.(2) Where there is on board a pleasure vessel which is under way in the waters of Hong Kong a person who holds valid and appropriate local certificates of competency both as master and as engineer of a pleasure vessel or equivalent local or other certificates of competency, paragraph (1) shall be deemed to be complied with. (2A) No pleasure vessel which is 3 m in length or less and is fitted with an engine of not more than 3 kW in power shall be under way in the waters of Hong Kong unless the person in charge thereof is not less than 16 years of age. (L.N. 187 of 1986) (3) Where paragraph (1) or (2A) is contravened- (a) the person in charge of the pleasure vessel; and (b) if such person is not, in the case of a licensed pleasure vessel, the licensed owner of the pleasure vessel, the licensed owner; or (c) if such person is not, in the case of an unlicensed pleasure vessel, the owner of the pleasure vessel, the owner,shall each be guilty of an offence and shall be liable on conviction to a fine of $10000. (L.N. 219 of 1981) (4) In this regulation "equivalent" (等同) means recognized as equivalent by rules made under Part IV of the Ordinance. (L.N. 187 of 1986) (L.N. 55 of 1978; L.N. 187 of 1986) Cap 313G reg 8 (Repealed L.N. 187 of 1986) Cap 313G reg 9 Production of certificates of competency for inspection (1) (Repealed L.N. 187 of 1986) (2) The holder of a local certificate of competency shall, on being so required by any officer, or class of officer, of the Marine Department so authorized by the Director or by any police officer, produce his local certificate of competency to such officer for inspection. (L.N. 55 of 1978) (3) A holder of a local certificate of competency who is unable to produce his certificate for inspection when required to do so under paragraph (2), shall tender it for inspection by an officer of the Marine Department at any Marine Licensing Office within 72 hours thereafter. (4) Any person who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine of $1000. Cap 313G reg 10 Cancellation of licence (1) If- (a) the licensed owner of a pleasure vessel uses the vessel, or permits it to be used, other than as a pleasure vessel; or (b) a licensed pleasure vessel- (i) is wrecked or destroyed; or (ii) is removed permanently from Hong Kong,the licensed owner shall notify the Director in writing of such use or occurrence within 7 days after such use or occurrence. (L.N. 55 of 1978) (2) When notifying the Director under paragraph (1) the licensed owner of a pleasure vessel shall submit to the Director the licence issued in respect of the vessel. (L.N. 55 of 1978) (3) On receipt of notification under paragraph (1) the Director shall cancel the licence issued in respect of the pleasure vessel. (4) A licensed owner who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 257 of 1974; L.N. 55 of 1978; L.N. 219 of 1981) Cap 313G reg 11 Life-saving appliances and fire-fighting apparatuses to be carried on board (1) Every pleasure vessel shall have on board such number and type of life-saving appliances and fire-fighting apparatus as the Director shall specify in the vessel's licence. (L.N. 55 of 1978) (2) Every such life-saving appliance and fire-fighting apparatus shall be suitable for use in the pleasure vessel in which they are carried and shall be maintained at all times in efficient working order. (3) No pleasure vessel shall have on board a fire-fighting apparatus containing an extinguishing medium which, at any time, whether or not in use, emits gases harmful to human beings. (4) Where this regulation is contravened- (a) the person in charge of the pleasure vessel; and (b) if such person is not, in the case of a licensed pleasure vessel, the licensed owner of the pleasure vessel, the licensed owner; or (c) if such person is not, in the case of an unlicensed pleasure vessel, the owner of the pleasure vessel, the owner,shall each be guilty of an offence and shall be liable on conviction to a fine of $10000. (L.N. 55 of 1978) (L.N. 55 of 1978) Cap 313G reg 12 Director to be notified of any accident (1) Where, as the result of an accident involving a pleasure vessel, any damage is sustained by any vessel or any injury is suffered by any person, the person for the time being in charge of a pleasure vessel which is involved in the accident shall, within 48 hours after the accident, supply the Director with full particulars of the damage sustained by any vessel and the injury suffered by any person. (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 257 of 1974) Cap 313G reg 13 Exemption from international collision regulations The Director may exempt in writing any pleasure vessel from all or any of the requirements in the international collision regulations relating to the carriage and display of lights. (L.N. 55 of 1978) Cap 313G reg 14 Directions by the Director (1) The Director may- (a) require any pleasure vessel to be anchored, secured or moored at any place; (aa) require the licensed owner of a pleasure vessel to deliver that vessel to the Director for inspection; (L.N. 55 of 1978) (b) prohibit any pleasure vessel from being anchored, secured or moored at any place; or (c) require any pleasure vessel to be moved from any place in the waters of Hong Kong to any other such place.(2) Any person who fails to comply with any requirement or prohibition imposed by the Director under this regulation shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 257 of 1974; L.N. 55 of 1978) Cap 313G reg 15 Mooring of pleasure vessels (1) The Director may by notice published in the Gazette specify mooring areas in the waters of Hong Kong for use for the mooring of pleasure vessels. (2) No pleasure vessel shall, when not in use, be moored, anchored or otherwise secured in the waters of Hong Kong except in a specified mooring area or in any place required by the Director under regulation 14(1). (3) All moorings in a specified mooring area shall be kept and maintained in good condition and in the correct position by the owners thereof at their own expense, and the Director may inspect such moorings and require repairs or the relaying or removal thereof. (L.N. 55 of 1978) (4) The appropriate fee prescribed in the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) shall be paid to the Director in respect of all moorings in a specified mooring area. (5) All moorings in a specified mooring area shall be laid in accordance with the directions of the Director. (6) No mooring shall be laid in the waters of Hong Kong outside the specified mooring areas without the approval of the Director. (7) In the event of the contravention of paragraph (2) the licensed owner of the pleasure vessel, or the owner of an unlicensed pleasure vessel, concerned shall be guilty of an offence and shall be liable on conviction to a fine of $1000. (L.N. 55 of 1978) (7A) Any owner of a mooring in a specified mooring area who- (a) fails to keep and maintain that mooring in good condition; (b) fails to keep and maintain that mooring in the correct position; or (c) fails to comply with a direction of the Director as to repairs of the mooring or the laying, relaying or removal thereof,shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 55 of 1978) (8) Any person who contravenes paragraph (6) shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (L.N. 257 of 1974; L.N. 55 of 1978) Cap 313G reg 16 (Repealed L.N. 55 of 1978) Cap 313G reg 17 Unlawful use of pleasure vessels Any person who uses a pleasure vessel without the consent of the licensed owner of the vessel shall, without prejudice to the provisions of any other law, be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 1 year. (L.N. 257 of 1974; L.N. 55 of 1978; L.N. 219 of 1981) Cap 313G reg 18 Objection to Director's decisions (1) Any person aggrieved by a decision, act or omission of the Director or an authorized officer made or done in the exercise of any powers or the performance of any duties under these regulations may, within 14 days after the date when he was informed of the decision, act or omission or when the decision, act or omission became known to him (whichever is the later), or within such further period as the Chief Secretary for Administration may allow in any particular case, by notice in writing lodge an objection to the decision, act or omission with the Chief Secretary for Administration. (2) On consideration of an objection lodged in accordance with paragraph (1), the Chief Secretary for Administration may confirm, vary or reverse the decision, act or omission of the Director or authorized officer or substitute therefor such other decision or make such other order as he thinks fit. (L.N. 55 of 1978; L.N. 219 of 1981; L.N. 362 of 1997) Cap 313G reg 19 Power to exempt The Director may, subject to such conditions as he thinks fit to impose, exempt any pleasure vessel from any requirement in or under these regulations where he is satisfied that such requirement has been substantially complied with or that compliance therewith is unnecessary having regard to the circumstances. (L.N. 55 of 1978)
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