(Cap 313, section 33) [13 April 1983] (L.N. 132 of 1983) Cap 313C reg 1 Citation These regulations may be cited as the Shipping and Port Control (Dwelling Vessels) Regulations. Cap 313C reg 2 Interpretation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 In these regulations, unless the context otherwise requires- "closed area" (禁区) means an area of the waters of Hong Kong declared under regulation 16 to be closed to dwelling vessels; (64 of 1999 s. 3) "licence" (牌照) means a licence issued under regulation 3; "licensee" (持牌人) means a person to whom a licence is issued and a person to whom a licence is transferred under regulation 8; "prescribed area" (订明范围) means an area of the waters of Hong Kong specified in the First Schedule. Cap 313C reg 3 Licensing of dwelling vessels (1) The Director shall, subject to such conditions as he thinks fit, issue a licence in respect of a dwelling vessel in a prescribed area to a person normally dwelling thereon if he is satisfied that such dwelling vessel was in such prescribed area at the commencement of these regulations or at the time such area was prescribed, as the case may be. (2) No person shall use any vessel as a dwelling vessel in a prescribed area, and no dwelling vessel shall enter or remain in a prescribed area,- (a) without a licence; and (b) except in accordance with these regulations and the conditions endorsed on the licence issued in respect of that vessel.(3) A licence may be issued or renewed for a period not exceeding 12 months. (4) Unless renewed a licence shall, on expiry, be surrendered to the Director. (5) No fee shall be payable in respect of the issue or renewal of a licence. (6) A licence shall be in the form set out in the Second Schedule. (7) (a) Any person who, without reasonable cause, uses a dwelling vessel in a prescribed area, or permits a dwelling vessel to enter or remain in a prescribed area, in contravention of paragraph (2) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (b) If a dwelling vessel is in a prescribed area in contravention of paragraph (2) the person in control of that vessel commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months.(8) The Director may, at any time, make such amendments or additions to the conditions endorsed on a licence as appear to him to be necessary or advisable in the interests of safety and discipline and may call for the delivery to him of a licence for such amendments or additions to be endorsed thereon. (9) Any person who, without reasonable cause, fails to deliver a licence to the Director for amendment or endorsement under paragraph (8) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 4 Application for licence (1) An application for the issue of a licence shall be made to the Director in a form specified by the Director and the applicant shall state in his application- (a) his name, age, occupation, identity card number and postal address, and, if he is not the owner of the dwelling vessel, the name and postal address of the owner thereof, and (b) the name, age, occupation and the number of the identity card, if any, of every person normally dwelling on the vessel at the time of the application, and his relationship to the applicant.(2) An application for the renewal of a licence shall be made to the Director in a form specified by the Director and shall give such particulars regarding the applicant, the owner and every person normally dwelling on the vessel at the time of the application as the Director may require. Cap 313C reg 5 Director to maintain register The Director shall maintain a register wherein shall be recorded- (a) particulars of every licensed dwelling vessel and of the licensee and owner thereof; (b) particulars of all persons normally dwelling on the vessel at the time application for a licence is made under regulation 4(1); and (c) particulars of the permitted mooring place of every licensed dwelling vessel. Cap 313C reg 6 Owner to notify Director of change in ownership (1) If there is any change in the ownership of a licensed dwelling vessel, the new owner shall, within 72 hours of such change, notify the Director thereof in a form specified by the Director and deliver the licence to him for amendment. (2) On receipt of a notification of a change of ownership under paragraph (1) the Director shall cause the particulars of the change to be noted- (a) on the licence free of charge; and (b) in the register maintained by him under regulation 5.(3) Any person who, without reasonable cause, contravenes paragraph (1) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 7 Painting of licence numbers and other particulars on vessel (1) The licence number endorsed on the licence issued in respect of a dwelling vessel and such other particulars of the licence as the Director shall specify shall be painted on every licensed dwelling vessel. (2) The painting of the licence number and other particulars on a licensed dwelling vessel under this regulation shall be done in such manner and place as the Director shall specify and only by persons authorized by the Director. (3) Any person who, without reasonable excuse, damages, obliterates or defaces any number or particulars painted on a dwelling vessel in accordance with paragraph (1) and any licensee who contravenes paragraph (2) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 8 Licences to be transferable only in certain circumstances (1) A licence shall not be transferable to any other person except in accordance with paragraph (2) or (3). (2) On the death of a licensee, the surviving spouse, parent or parent-in-law, or eldest child over the age of 16 years, of the deceased licensee, in that order, who was dwelling on the vessel at the time that the licence was first issued in respect of the vessel may apply to the Director for the transfer to him of the licence, and the Director may, if he is satisfied that the applicant is entitled to the transfer, transfer the licence to the applicant. (3) Where the persons dwelling on a licensed dwelling vessel comprise members of more than one family and the licensee and members of his family cease to dwell on the vessel, a person, other than the licensee or a member of his family, who was dwelling on the vessel at the time that the licence was first issued in respect of the vessel and who is nominated in that behalf by the family or families continuing to dwell thereon, may apply to the Director for the transfer to him of the licence and the Director may, if he is satisfied that the applicant is entitled to the transfer, transfer the licence to the applicant. (4) Where there is no person permitted to make application for the transfer of a licence under paragraph (2) or (3) the licence shall lapse. Cap 313C reg 9 Discretion to cancel licence The Director may, without prejudice to regulation 13, cancel any licence for a contravention of any condition endorsed on a licence or of any of these regulations. Cap 313C reg 10 Licence to be kept on board and produced for inspection (1) Every licence shall, at all times, be kept on board the dwelling vessel in respect of which it is issued and shall be produced on demand to any authorized officer by the licensee or other person normally dwelling on the vessel. (2) Any person who, without reasonable excuse, fails to produce a licence when called upon to do so by an authorized officer commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 11 Issue of duplicate licence if destroyed, etc. Where any licence is destroyed, defaced or lost, the Director may, if he is satisfied as to the destruction, defacement or loss, issue a duplicate licence free of charge and such duplicate shall have the same force and effect as the original licence. Cap 313C reg 12 Penalty for fraudulent use of licence Any person who fraudulently alters or uses, or permits to be fraudulently altered or used, a licence or a duplicate of any such licence commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 13 Breach of condition of licence Any licensee who contravenes any condition endorsed on a licence commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 14 Replacement of unsafe vessels (1) If the Director is satisfied that a licensed dwelling vessel is in an unsafe condition he may permit that vessel to be replaced by the licensee with another vessel if he is satisfied that- (a) the replacement vessel is in a safe condition; (b) the dimensions of the replacement vessel are no larger than those of the vessel to be replaced; (c) the licensee and the persons normally dwelling on the vessel to be replaced provide a service to other vessels in the vicinity licensed under these regulations or under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub.leg.); and (d) the vessel to be replaced will be surrendered for destruction under paragraph (3).(2) The Director may require a replacement vessel to be examined, free of charge to the licensee, by a person authorized by him to ensure that it complies with sub-paragraphs (a) and (b) of paragraph (1). (3) Where the Director permits the replacement of an unsafe vessel under this regulation, such unsafe vessel shall be surrendered by the licensee to the Director for destruction. (4) Any licensee who fails to surrender an unsafe vessel in accordance with paragraph (3) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 15 Director may require information (1) The Director may, from time to time, require a licensee to inform him of the number, the names and ages, occupations and identity card numbers of all persons normally dwelling on the dwelling vessel at the time of the request. (2) Any licensee who, having been required to give information under paragraph (1), fails to do so, or gives information which he knows or reasonably ought to know to be false in a material particular, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 16 Closed areas (1) The Director may, by order, declare any area of the waters of Hong Kong to be closed to dwelling vessels. (4 of 1995 s. 7) (2) No dwelling vessel may enter or remain, or be permitted to enter or remain, in a closed area. Cap 313C reg 17 Unlicensed vessels in prescribed or closed area Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Director may, by notice affixed to the mast or other prominent part thereof, order that a dwelling vessel in a closed area or an unlicensed dwelling vessel in a prescribed area be removed therefrom within such time, being not less than 14 days, as the Director may specify in the notice; and such notice may be directed to any specified person, or generally to all persons normally dwelling on the vessel. (2) Any person who, having been ordered to remove a dwelling vessel under paragraph (1), fails without reasonable cause to comply with such order commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (3) The Director may seize, remove and detain any dwelling vessel in respect of which an order for removal has been made and not complied with, and, for the purposes of such seizure, removal and detention, may remove any person or property found thereon. (4) The Director may take possession of any property found on a dwelling vessel seized or detained under paragraph (3) and any such property shall become the property of the Government free from the rights of any person and may be destroyed or otherwise disposed of as the Director thinks fit. (64 of 1999 s. 3) (5) Any person who obstructs the Director in the seizure, removal and detention of any dwelling vessel or in the removal of any person or property therefrom, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 18 Sale of detained vessels (1) Subject to paragraph (2) the Director may, as soon as practicable after the seizure, removal and detention of a dwelling vessel under regulation 17, sell it by public auction or tender or in such other manner as he sees fit. (2) The Director shall give not less than 5 days notice of the proposed sale, under paragraph (1), of any dwelling vessel by publishing notice thereof in one newspaper printed in the English language and one newspaper published in the Chinese language and circulating in the area in which such dwelling vessel was seized. (3) The proceeds of sale, if any, of a dwelling vessel sold under paragraph (1) shall be paid to the owner thereof, if known, and, if the owner thereof is not known or does not claim such proceeds within 6 months of the sale, shall be paid into the general revenue of Hong Kong. (4) Any dwelling vessel which the Director is unable to sell may be destroyed or otherwise disposed of in such manner as the Director sees fit. Cap 313C reg 19 Amendment of First Schedule The Director may, by order, amend the First Schedule. (L.N. 150 of 1984) Cap 313C Sched 1 PRESCRIBED AREAS [regulation 2] Aberdeen South Typhoon Shelter (L.N. 337 of 1985) Aberdeen West Typhoon Shelter (L.N. 337 of 1985) Causeway Bay Typhoon Shelter (L.N. 162 of 1985) Cheung Chau Typhoon Shelter Sai Kung Harbour, being that area of the waters of Hong Kong enclosed by Sai Kung Public Pier and to the west of a straight line joining the following two positions- (a) Latitude 22o 22' 45.0" N, Longitude 114o 16' 20.0" E; and(b) Latitude 22o 22' 58.5" N, Longitude 114o 16' 24.0" E (L.N. 141 of 1987)Shuen Wan Typhoon Shelter (L.N. 284 of 1986) Tuen Mun Typhoon Shelter (L.N. 220 of 1984; L.N. 231 of 1989; L.N. 287 of 1992) Cap 313C Sched 2 FORM OF LICENCE [regulation 3] SHIPPING AND PORT CONTROL ORDINANCE (Chapter 313) SHIPPING AND PORT CONTROL (DWELLING VESSELS) REGULATIONS LICENCE FOR DWELLING VESSEL Name of Vessel ............................................................ Licence No. ................................ Length ......................................................................... Breadth ...................................... Name of Licensee ................................................................................................................ Name of Owner (if not licensee) ........................................................................................... This vessel was first licensed on ............................................................................................ when it was found to accommodate .............................................. persons (including children). Date of Expiry of Licence (unless cancelled) ............................ This licence is issued subject to the provisions of the Shipping and Port Control Ordinance and regulations made thereunder and subject to the conditions endorsed hereon. CONDITIONS 1. This licence shall be kept on board and shall be produced on demand to any authorized officer. 2. The vessel shall be used solely for dwelling purposes. 3. (a) This vessel may not be moved or removed from the permitted mooring place shown in sub-paragraph (b) without the permission of the Director of Marine. (b) The permitted mooring place of the vessel is ............................................................ in the ..................................................................................................................... [name prescribed typhoon shelter/area] 4. This licence is not transferable except in accordance with the Shipping and Port Control (Dwelling Vessels) Regulations. Director of Marine. ............................................................ (Date) (L.N. 324 of 1996)
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