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(Cap 313, section 80) [29 December 1978] L.N. 294 of 1978 (L.N. 275 of 1978) Cap 313D reg 1 Citation These regulations may be cited as the Shipping and Port Control (Typhoon Shelters) Regulations. Cap 313D reg 2 Interpretation In these regulations, unless the context otherwise requires- "fairway" (航道) means the area of the waters within the limits of a typhoon shelter set aside by the Director as a fairway under regulation 3; "Port Communications Centre" (港口通讯中心) means the Port Communications Centre Signal Station specified in Part I of the Tenth Schedule to the Shipping and Port Control Regulations (Cap 313 sub. leg.); "prescribed vessel" (订明船只) means- (a) a launch not exceeding 300 tons net, or a ferry vessel which is used solely within the waters of Hong Kong, in respect of which a licence or permit is issued under Part II of the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 313 sub. leg.); (b) a vessel in respect of which a licence is issued-under Part II of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.), other than a class III vessel specified in regulation 2 of those regulations; (c) a vessel in respect of which an anchorage permit is issued under regulation 3(6)(a) of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.); (d) a pleasure vessel in respect of which a licence is issued under regulation 3 of the Merchant Shipping (Pleasure Vessels) Regulations (Cap 313 sub. leg.); and (e) a vessel in respect of which the Director has issued a permit under regulation 4;"typhoon shelter" (避风塘) means a typhoon shelter specified in the Schedule. Cap 313D reg 3 Fairways in typhoon shelters (1) The Director may set aside any area of the waters within the limits of a typhoon shelter as a fairway for the passage of vessels. (2) The area of a fairway shall be- (a) the area that is marked as a fairway on a plan of a typhoon shelter signed and dated by the Director and kept at the principal office of the Director; and (b) the area that is bounded by straight lines drawn joining the buoys laid by the Director along either side of such area for the purpose of demarcating the boundaries of such area. Cap 313D reg 4 Permit to enter and remain in typhoon shelters (1) The Director may, subject to any conditions he thinks fit, grant a permit in writing permitting any vessel to enter and remain in a typhoon shelter specified in the permit. (L.N. 130 of 1983) (2) A licence issued under the Shipping and Port Control (Dwelling Vessels) Regulations (Cap 313 sub. leg.) permitting the dwelling vessel to which it relates to remain in a typhoon shelter specified therein shall be deemed to be a permit issued under paragraph (1) to enter and remain in that typhoon shelter. (L.N. 130 of 1983) Cap 313D reg 5 Use of typhoon shelters (1) Except with the permission of the Director, a vessel shall not enter or remain in a typhoon shelter when no strong monsoon signal or tropical cyclone warning signal is hoisted at the Port Communications Centre. (2) Subject to paragraphs (3), (4) and (5), no vessel, other than a prescribed vessel, shall enter or remain in a typhoon shelter when a strong monsoon signal or tropical cyclone warning signal is hoisted at the Port Communications Centre. (3) The Director may by a direction prohibit any class of prescribed vessels from entering or remaining in a typhoon shelter. (4) If the Director is of the opinion that the presence of a prescribed vessel in a typhoon shelter is or would be a hazard therein owing to its size or design, the Director may, by endorsement on its licence or permit issued under the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 313 sub. leg.), or on its licence issued under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg.), or on its licence issued under the Merchant Shipping (Pleasure Vessels) Regulations (Cap 313 sub. leg.), as the case may be, or by a direction, prohibit the prescribed vessel from entering or remaining in any typhoon shelter. (5) If the Director is of the opinion that, owing to the number of vessels in a typhoon shelter, the presence of a prescribed vessel is or would be a hazard therein, the Director may by a direction prohibit the prescribed vessel from entering the typhoon shelter or require the removal of the vessel therefrom, as the case may be. (6) A direction under paragraph (4) or (5) may apply- (a) to a particular prescribed vessel or to a class of prescribed vessels; or (b) in relation to a particular typhoon shelter or to typhoon shelters generally. Cap 313D reg 6 (Repealed L.N. 108 of 2000) Cap 313D reg 7 Vessels entering typhoon shelters When underway in the entrance to a typhoon shelter- (a) vessels of 1500 piculs capacity or less shall proceed not more than 2 abreast; (b) vessels of more than 1500 piculs capacity shall proceed one at a time; (c) not more than 4 vessels exceeding 500 piculs capacity shall be towed at a time by one vessel. Cap 313D reg 8 Vessels to anchor etc. as directed (1) The Director may direct a vessel within a typhoon shelter to take up a particular position and to anchor, moor or secure in accordance with such direction. (2) No vessel shall, unless directed so to do under paragraph (1), take up any position, or anchor, moor or secure- (a) in a typhoon shelter so as to obstruct the free access of other vessels to any unoccupied space in the typhoon shelter; or (b) in a fairway so as to obstruct the passage of vessels.(3) A direction under paragraph (1) may apply to a particular vessel or to a class of vessels. Cap 313D reg 9 (Repealed L.N. 254 of 1994) Cap 313D reg 10 Power to remove vessels unlawfully in typhoon shelters (1) If any vessel- (a) enters or remains in a typhoon shelter in contravention of regulation 5; or (L.N. 254 of 1994) (b) (Repealed L.N. 254 of 1994) (c) in contravention of a direction given by the Director, enters or remains in a typhoon shelter or is not removed from a typhoon shelter or is not moved from the position in which it is lying in a typhoon shelter,the Director may, subject to paragraphs (2) and (3), take possession of the vessel and remove it from the typhoon shelter or move it from the position in which it is lying. (2) Subject to paragraph (3), the Director shall give to the owner or master of a vessel not less than 14 days' notice in writing of any proposed exercise of his powers under paragraph (1). (3) The Director may exercise his power under paragraph (1)- (a) at any time after notice under paragraph (2) is given, if a strong monsoon signal or tropical cyclone warning signal is hoisted at the Port Communications Centre; or (b) without giving notice, if the owner or master of the vessel cannot be found or the vessel is, in the opinion of the Director, abandoned.(4) If any person on board a vessel obstructs the Director in the exercise of his powers under paragraph (1), such person may be evicted from the vessel by the Director. (5) The Director may use such force as may be necessary for the exercise of his powers under paragraph (1) or for the purposes of paragraph (4). Cap 313D reg 11 Production of licence or permit The Director may require the owner or master of a prescribed vessel to produce a licence or permit issued in respect of the vessel- (a) for inspection; or (b) for endorsement under regulation 5(4). Cap 313D reg 12 Offences (1) In the event of- (a) a contravention of a condition of a permit granted under regulation 4; (b) a contravention of regulation 5(1) or (2), 7 or 8(2); (L.N. 254 of 1994; L.N. 108 of 2000) (c) a contravention of a direction or endorsement given or made under regulation 5(3), (4) or (5); (d) a failure to comply with a direction given under regulation 8(1) or a requirement under regulation 11,the owner and the master of the vessel commit an offence and each of them is liable to a fine of $5000, unless the owner or master (as the case may be) shows that the offence was committed without his knowledge and that he had taken all practicable steps to prevent the commission of the offence. (2) Any person who obstructs the Director in the exercise of his powers under regulation 10(1) or (4) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313D reg 13 Appeals Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 Any person aggrieved by the exercise of the power conferred by regulation 5(4) may appeal to the Chief Executive, and the Chief Executive may make such order as appears to him to be just. (64 of 1999 s. 3) Cap 313D reg 14 Amendment of Schedule The Director may by order published in the Gazette amend the Schedule. Cap 313D SCHEDULE [regulation 2] TYPHOON SHELTERS New Yau Ma Tei Typhoon Shelter. (L.N. 327 of 1992) Causeway Bay Typhoon Shelter. Sam Ka Tsuen Typhoon Shelter. Rambler Channel Typhoon Shelter. Kowloon North Camber Typhoon Shelter. Shuen Wan Typhoon Shelter. Aberdeen West Typhoon Shelter. Aberdeen South Typhoon Shelter. Yim Tin Tsai Typhoon Shelter. Shaukeiwan Typhoon Shelter. (L.N.90 of 1992) Kwun Tong Typhoon Shelter. Cheung Chau Typhoon Shelter. (L.N. 301 of 1981) Tuen Mun Typhoon Shelter. (L.N. 55 of l982) To Kwa Wan Typhoon Shelter. (L.N. 255 of 1993) Hei Ling Chau Typhoon Shelter. (L.N. 235 of 1999) (L.N. 219 of 1984; L.N. 286 of 1992)