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(Cap 313, section 80) [The Regulations, except Part II］ 29 December 1978 Part II ［1 July 1979 L.N. 293 of 1978] (L.N. 274 of 1978) Cap 313A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Shipping and Port Control Regulations. Cap 313A reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "aground" (搁浅) includes beached; (L.N. 408 of 1994) "all-round light" (环照灯) means a light showing an unbroken light over an arc of the horizon of 360 degrees; "cable reserve" (电缆留用区) means an area of the waters of Hong Kong specified as such in the Sixth Schedule; "dangerous goods anchorage" (危险品碇泊处) means an area of the waters of Hong Kong specified as such in the Seventh Schedule; "immigration anchorage" (入境船只碇泊处) means an approved immigration anchorage under the Immigration Ordinance (Cap 115); "naval anchorage" (海军碇泊处) means an area of the waters of Hong Kong specified as such in the Seventh Schedule; "principal fairway" (主要航道) means any area of the waters of Hong Kong specified as such in the Third Schedule; "private mooring" (私人系泊设备) means a mooring which is not a Government mooring; "quarantine anchorage" (检疫碇泊处) means an area of the waters of Hong Kong specified as such in the Seventh Schedule; "seatrial" (海上试航) means any seatrial conducted or completed in the waters of Hong Kong for the purpose (whether the sole purpose or otherwise) of testing the performance of a vessel; (L.N. 408 of 1994) "special anchorage" (专用碇泊处) means any area of the waters of Hong Kong specified as such in the Seventh Schedule; "timber storage pound" (贮木所) means an area of the waters of Hong Kong approved under regulation 58 for the storage of logs and other timber; "underway" (在航) has the same meaning as in rule 3(i) of Part A of the Schedule to the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); (L.N. 408 of 1994) "Victoria port" (维多利亚港口) means the area of the waters of Hong Kong declared under section 56 of the Ordinance as Victoria port; "Yau Ma Tei Anchorage" (油麻地碇泊处) means the area of the waters of Hong Kong specified as such in the Seventh Schedule. (2) References in these regulations to the master of any ship or vessel shall be treated as including references to the master of any ship or vessel of a type, description or class as may be specified by the Director by notice in the Gazette. (L.N. 408 of 1994) (L.N. 51 of 1992; L.N. 408 of 1994) Cap 313A reg 3 Interpretation PART II VESSEL TRAFFIC SERVICE (L.N. 408 of 1994) In this Part, unless the context otherwise requires- "advice" (报知) means advice communicated to a vessel from an authorized officer at the vessel traffic centre, and identified by the call sign "MARDEP" or "MARDEP, HONG KONG"; "arrival" (到达), in relation to a vessel entering the waters of Hong Kong, means the first occasion on which a vessel ceases to be underway after entering those waters from sea or river trade waters, as the case may be, and "arrive" (到达) shall be construed accordingly; "berth" (泊位) means any place in the waters of Hong Kong at which a vessel is not underway; "call sign" (呼叫信号) has the same meaning as in the Radio Regulations; "calling-in point" (召集站) means an identifiable position (whether so identifiable by reference to a lighthouse, light, buoy, pilot boarding station, island, headland or otherwise) situated in the waters of Hong Kong, and specified as such in the Tenth Schedule; "departure" (开出), in relation to a vessel leaving the waters of Hong Kong, means the departure of that vessel from any berth to sea or river trade waters, as the case may be, and "depart" (开出) shall be construed accordingly; "inbound" (返航的), in relation to the intended entry of a vessel into the waters of Hong Kong, means the inward passage of that vessel into those waters from sea or river trade waters, as the case may be; "MARDEP" or "MARDEP, HONG KONG" means the call sign of the Marine Department of the Hong Kong Government transmitted as such for the purpose of commencing VHF radiotelephone communication between a vessel and an authorized officer at the vessel traffic centre; "movement" (移动), in relation to a vessel in the waters of Hong Kong, means- (a) the movement of that vessel between one berth ("original berth") and another berth, or between the original berth, some other intermediate location within the waters of Hong Kong and the original berth, as the case may be; or (b) the movement by way of navigation of that vessel for the purpose of conducting a seatrial, other than a seatrial conducted or completed immediately prior to that vessel leaving the waters of Hong Kong,and "move" (移动) shall be construed accordingly; "notification" (知会) means a written document addressed to the Director, and includes a letter, cable, telex or facsimile transmission, and "notify" shall be construed accordingly; "outbound" (出航的), in relation to the intended departure of a vessel from the waters of Hong Kong, means the outward passage of that vessel from those waters to sea or river trade waters, as the case may be; "pilot boarding station" (领港员登船区) has the same meaning as in section 10A of the Pilotage Ordinance (Cap 84); "port clearance" (出港证) means a port clearance referred to in section 15(1) of the Ordinance; "Radio Regulations" (无线电规则) means the Radio Regulations annexed to the Constitution and Convention of the International Telecommunication Union currently in force; (36 of 2000 s. 28) "report" (报告) means a message, identified by the call sign "MARDEP" or "MARDEP, HONG KONG" and the call sign of a vessel, transmitted by VHF radiotelephone communication from that vessel to the vessel traffic centre; "river trade waters" (内河通航水域) means the waters contained within river trade limits other than the waters of Hong Kong contained within those limits; "sea" (海) means the waters of the sea other than those contained within river trade limits; "seaward limits of the vessel traffic service coverage" (船只航行监察服务范围的朝海界限) means the limits delineated in the Fifteenth Schedule specifying the extent of the coverage of the vessel traffic service; "special condition of the vessel" (船只的特殊状况) means any such condition relating to- (a) the abnormal stability of a vessel; (b) any trimming, heeling or listing of a vessel; (c) any deficiency of a vessel's propulsion or steering gear, anchors or windlass; (d) the breach of, or damage to, a vessel's hull which may affect the water-tight integrity of the vessel; (e) the abnormal state of a vessel's cargo; or (f) the breakdown of a vessel's radar or other aid to navigation of a major nature;"standard marine navigation vocabulary" (标准航海词汇) means the Standard Marine Navigation Vocabulary adopted by the International Maritime Organisation Assembly and currently in force; "vessel not under command" (失控船只) means a vessel which is unable to manoeuvre in accordance with collision regulations; "vessel traffic centre" (船只航行监察中心) means the vessel traffic centre (identified by the call sign "MARDEP" or "MARDEP, HONG KONG") from which the vessel traffic service of Hong Kong is operated and to which reports are made; "vessel traffic service" (船只航行监察服务) means the vessel traffic service of Hong Kong operated by the Director in respect of vessels within the seaward limits of the vessel traffic service coverage; "VHF" (甚高频) means very high frequency; "VHF channel" (甚高频频道), in relation to VHF radiotelephone communication, means any radiotelephone channel in the VHF band provided for in the Radio Regulations and specified as such in column 1 of the First Schedule; "VHF sector" (甚高频区段) means any VHF sector the boundaries of which are delineated in the Second Schedule. (L.N. 408 of 1994) Cap 313A reg 4 Application (1) This Part, other than regulation 6A, applies to- (a) a vessel of over 300 tons gross other than a vessel to which Part IV of the Ordinance applies; (b) a vessel- (i) of 300 tons gross or less; or (ii) to which Part IV of the Ordinance applies,and which is the subject of a direction given by the Director under section 16 of the Ordinance; (c) a vessel- (i) of 300 tons gross or less; or (ii) to which Part IV of the Ordinance applies,and which is the subject of a requirement made by the Director or an authorized officer at the vessel traffic centre to participate in the vessel traffic service.(2) Subject to paragraph (3), regulation 6A applies to any vessel (including a vessel to which Part IV of the Ordinance applies), whatever its tonnage, other than the following vessels- (a) a vessel licensed in accordance with the regulations made under Part IV of the Ordinance; and (b) a ferry vessel within the meaning of regulation 2 of the Shipping and Port Control (Ferry Terminals) Regulations (Cap 313 sub. leg.).(3) Regulation 6A applies to a vessel referred to in paragraph (2)(a) or (b) if it is the subject of a direction given by the Director under section 16 of the Ordinance. (L.N. 117 of 2002) Cap 313A reg 5 Possession of radiotelephone equipment (1) Every vessel shall have on board radiotelephone equipment that is capable of operation in the VHF band on the channels specified in the First Schedule. (L.N. 408 of 1994) (2) The radiotelephone equipment shall at all times be maintained in good working condition and shall be available for operation on the navigational bridge of a vessel. Cap 313A reg 6 Radiotelephone communication (1) Any VHF radiotelephone communication required to be made under this Part shall, so far as practicable, be communicated in accordance with the Radio Regulations. (2) Any VHF radiotelephone communication made by the master of a vessel shall be communicated to the vessel traffic centre and identified by the call sign "MARDEP" or "MARDEP, HONG KONG". (3) Any VHF radiotelephone communication made by the master of a vessel within any VHF sector described in column 2 of the First Schedule shall be communicated on the VHF channel specified opposite thereto in column 1 of that Schedule. (4) No intership VHF radiotelephone communication shall be made by any person in the waters of Hong Kong except in accordance with section 10 of the Telecommunications Ordinance (Cap 106). (36 of 2000 s. 28) (L.N. 408 of 1994) Cap 313A reg 6A Pre-arrival notification or report for permission to enter the waters of Hong Kong (1) Subject to paragraph (2), the owner or his local agent or the master of a vessel to which this Part applies shall- (a) not less than 24 hours before the intended entry of that vessel into the waters of Hong Kong from sea or river trade waters, as the case may be; or (b) where that vessel leaves its last port of call less than 24 hours before that intended entry immediately after so leaving,apply to the Director for permission for that vessel to enter the waters of Hong Kong by notification and provide the information specified in the Sixteenth Schedule in that notification. (2) Where the owner, agent or master of the vessel is unable to comply with paragraph (1) by means of notification because of the proximity of that vessel's last port of call to the waters of Hong Kong, the master of that vessel shall, immediately after the vessel leaves that last port of call on a course to enter those waters, report the information specified in the Sixteenth Schedule to the vessel traffic centre on the VHF channel appropriate to the VHF sector into which that vessel is to enter those waters, and apply for permission to so enter those waters. (3) The Director may, on receiving an application under this regulation, grant the person making the application, permission for the vessel to enter the waters of Hong Kong and provide that person with such information, or give that person such directions (including directions under section 16 of the Ordinance) or instructions, as the case may be, as the Director thinks fit, or the Director may refuse to grant that person such permission. (4) In complying with paragraph (1) or (2), a master of a vessel shall be deemed to have complied with section 10E of the Pilotage Ordinance (Cap 84). (L.N. 408 of 1994) Cap 313A reg 7 Initial report Where permission to enter the waters of Hong Kong has been granted under regulation 6A(3), the master of a vessel in respect of that permission whose vessel is on a course to enter those waters from sea or river trade waters, as the case may be, shall, when that vessel is in the vicinity of the seaward limits of the vessel traffic service coverage, report the following information to the vessel traffic centre on the VHF channel appropriate to the VHF sector into which that vessel is to enter those waters- (a) the name of the vessel; (b) the call sign of that vessel; (c) the national colours of that vessel; (d) any material changes to information (if any) provided in accordance with regulation 6A; (e) the present location of that vessel; and (f) any other information as may be required by the vessel traffic centre. (L.N. 408 of 1994) Cap 313A reg 8 Pilot report When a vessel embarks or disembarks a pilot, as the case may be, the master of the vessel shall report that embarkation or disembarkation to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong, and shall give the time of that embarkation or disembarkation and the location of the vessel in those waters. (L.N. 408 of 1994) Cap 313A reg 8A Arrival report When a vessel arrives in the waters of Hong Kong, the master of the vessel shall report that arrival to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters, and shall give the time of that arrival and the berth or other location of the vessel. (L.N. 408 of 1994) Cap 313A reg 8B Pre-move report When the master of a vessel intends to move the vessel within the waters of Hong Kong, he shall, not less than 15 minutes, nor more than 30 minutes, prior to the commencement of the movement, report the intended movement of that vessel to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters, and provide the following information- (a) the name of the vessel; (b) the call sign of that vessel; (c) the present berth or other location of that vessel; (d) the intended berth or other location of that vessel; (e) the expected time of commencement of the movement of that vessel from the present berth or other location of that vessel reported under paragraph (c); (f) any special condition of that vessel; and (g) any other relevant information, including the intention of the master of that vessel to undertake a seatrial during the movement. (L.N. 408 of 1994) Cap 313A reg 8C Ready to move report When a vessel the subject of a pre-move report under regulation 8B is ready in all respects for the intended movement of the vessel, the master of that vessel shall, prior to the vessel getting underway, report the vessel's readiness to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong, and request permission to commence the intended movement of the vessel. (L.N. 408 of 1994) Cap 313A reg 8D Move underway report When a vessel the subject of a ready to move report under regulation 8C gets underway in respect of an intended movement of the vessel in accordance with a permission granted under that regulation, the master of that vessel shall report the commencement of the movement of that vessel to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (L.N. 408 of 1994) Cap 313A reg 8E Move finished report When a vessel the subject of a move underway report under regulation 8D ceases to be underway at the intended berth or other location reported under regulation 8B(d), the master of that vessel shall report the cessation of the movement of that vessel to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong, and give the time of that cessation and the berth or other location of the vessel. (L.N. 408 of 1994) Cap 313A reg 8F Pre-departure report When a vessel is to depart from the waters of Hong Kong, the master of the vessel shall, not less than 15 minutes, nor more than 30 minutes, prior to the commencement of the departure, report the intended departure of that vessel to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters, and provide the following information- (a) the name of the vessel; (b) the call sign of that vessel; (c) the present berth or other location of that vessel; (d) the number of the port clearance obtained under section 15 of the Ordinance; (e) the expected time of departure from the present berth or other location of that vessel reported under paragraph (c); (f) any special condition of that vessel; and (g) any other relevant information, including the intention of the master of that vessel to undertake a seatrial prior to the departure. (L.N. 408 of 1994) Cap 313A reg 8G Ready to depart report When a vessel the subject of a pre-departure report under regulation 8F is ready in all respects for the intended departure of the vessel, the master of that vessel shall, prior to the vessel getting underway, report the vessel's readiness to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong, and request permission to commence the intended departure of the vessel. (L.N. 408 of 1994) Cap 313A reg 8H Departure underway report When a vessel the subject of a ready to depart report under regulation 8G gets underway in respect of the intended departure of the vessel in accordance with a permission granted under that regulation, the master of that vessel shall report the commencement of the departure to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (L.N. 408 of 1994) Cap 313A reg 8I Delay reports If for any reason, at any time subsequent to the making of a pre-move report under regulation 8B or a pre-departure report under regulation 8F, the move or departure, as the case may be, to which that report refers is delayed, the master shall report such delay to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (L.N. 408 of 1994) Cap 313A reg 8J Special reports (1) Where an oral report is not made to the Director in respect of any occurrence under section 67(1) of the Ordinance, the master of the vessel shall report that occurrence to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (2) When a vessel which is underway within the waters of Hong Kong becomes a vessel not under command within the meaning of Rule 3(f) of Part A of the Schedule to the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap. 369 sub. leg.), the master of that vessel shall report that condition to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters. (3) When a vessel the subject of a report under paragraph (2) ceases to be a vessel not under command, the master of that vessel shall report that condition to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (4) When a vessel which is underway in the waters of Hong Kong encounters any incident involving dangerous goods, the master of that vessel shall report the incident to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters. (L.N. 408 of 1994) Cap 313A reg 9 Language of reports and vocabulary of communications (1) Except where the vessel traffic centre permits the use of any other language, all reports shall be made in the English or the Chinese language. (L.N. 408 of 1994; 80 of 1997 s. 128) (2) Any report in accordance with paragraph (1) shall, so far as practicable, make use of the terms, phrases and expressions contained in the standard marine navigation vocabulary. (L.N. 408 of 1994) Cap 313A reg 10 Reference to time Where reference to time is made in any report, or in any communication from the vessel traffic centre, the time shall be specified in- (a) Hong Kong Time; and (b) the 24-hour clock system. (L.N. 408 of 1994) Cap 313A reg 11 Listening watch on radiotelephone (1) Subject to paragraph (2), the master of every vessel that is within the waters of Hong Kong shall maintain continuous listening watch on the radiotelephone on board the vessel on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters. (2) Paragraph (1) shall not apply when- (a) transmission by the master of the vessel on that channel is in progress; (b) permission is granted by the vessel traffic centre to the master of the vessel to transmit on another channel, in which event the listening watch on the radiotelephone shall be maintained continuously on that other channel, except when transmission by the master of the vessel on that other channel is in progress; or (c) permission is granted by the vessel traffic centre to the master of a vessel to suspend the listening watch on the radiotelephone. (L.N. 408 of 1994) Cap 313A reg 12 Directions from vessel traffic centre (1) Where in the opinion of an authorized officer at the vessel traffic centre there exists in the waters of Hong Kong any of the conditions specified in paragraph (2), he may give directions to the master of any vessel specifying the time when and the place where the vessel shall (L.N. 408 of 1994) (a) enter; (b) move within or through; or (c) depart from,the waters of Hong Kong, (2) For the purposes of paragraph (1), the conditions are- (a) vessel traffic congestion; (b) adverse weather; (c) reduced visibility; or (d) other hazardous conditions. (L.N. 408 of 1994) Cap 313A reg 12A Observation report The master of a vessel within the waters of Hong Kong shall- (a) if he observes any circumstances adversely affecting, or likely to adversely affect, any other vessel or aid to navigation within those waters; or (b) if he becomes aware of the existence within those waters of any conditions concerning- (i) danger to navigation; (ii) adverse weather; (iii) reduced visibility; (iv) serious pollution; or (v) other adverse phenomenon,report those circumstances or conditions, as the case may be, to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters. (L.N. 408 of 1994) Cap 313A reg 12B Calling-in point report When a vessel is in the vicinity of any calling-in point specified in the Tenth Schedule, the master of that vessel shall report the identity of that calling-in point, and the position of the vessel in relation thereto, to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (L.N. 408 of 1994) Cap 313A reg 13 Authorization to deviate from this Part (1) An authorized officer at the vessel traffic centre may upon request from a master of a vessel grant permission to the master to deviate from any provision of or direction given under this Part and shall specify the manner in which such deviation may be made. (L.N. 408 of 1994) (2) A master shall, in making a request under paragraph (1), state the manner in which he wishes to deviate from any particular provision of or direction given under this Part and the need for doing so. (3) The granting of permission under paragraph (1) shall not diminish or in any way affect the responsibility of the master to whom the permission is granted in relation to his vessel, persons on board, its cargo or any other person or property. Cap 313A reg 14 Deviation from this Part in emergencies (1) A master of a vessel may, in any emergency affecting the safety of life or property, deviate from any provision of or direction given under this Part, or any permission granted under regulation 13, to the extent necessary to avoid endangering persons, property or the environment. (2) Where a master deviates from any provision of or direction given under this Part, or is unable, for whatever reason, to comply with any permission granted under regulation 13, he shall report that deviation or non-compliance, as the case may be, to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in the waters of Hong Kong. (L.N. 408 of 1994) Cap 313A reg 14A Advice from the vessel traffic centre If at any time an authorized officer at the vessel traffic centre communicates to the master of a vessel within the waters of Hong Kong advice in respect of circumstances or conditions relating to, or likely to relate to, the vessel, the master of that vessel shall report his intentions in respect of that advice to the vessel traffic centre on the VHF channel appropriate to the VHF sector in which the vessel is presently located in those waters. (L.N. 408 of 1994) Cap 313A reg 15 Failure of radiotelephone equipment (1) If for any reason it is not possible to operate the radiotelephone equipment carried on board a vessel, the master shall at the earliest practicable time restore it or cause it to be restored to effective operating condition. (2) During the time it is not possible to operate the radiotelephone equipment carried on board a vessel- (a) compliance with regulation 11 shall not be required; and (b) compliance with regulations 7, 8, 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 8I, 12A, 12B and 14A shall not be required unless the required report can be made by telephone or by any other means.(3) A master shall as soon as practicable inform the Director or the vessel traffic centre- (a) if it is not possible to operate the radiotelephone equipment carried on board the vessel; and (b) when such radiotelephone equipment is restored to effective operating condition. (L.N. 408 of 1994) Cap 313A reg 16 Penalties (1) If without reasonable excuse regulation 5 or 6A is contravened, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $40000. (2) If without reasonable excuse regulation 8, 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 8I, 9, 10, 12B, 14A or 15 is contravened, the master of the vessel commits an offence and is liable to a fine of $10000. (3) If without reasonable excuse a master contravenes regulation 6, 7, 8J, 11, 12A or 14(2) he commits an offence and is liable to a fine of $20000. (4) If without reasonable excuse a master fails to comply with any direction given to him under regulation 12 or any permission granted under regulation 13 he commits an offence and is liable to a fine of $10000. (L.N. 408 of 1994) Cap 313A reg 17 (Repealed L.N. 355 of 1990) PART III NAVIGATION AND CONTROL OF VESSELS Cap 313A reg 18 (Repealed L.N. 134 of 1989) Cap 313A reg 19 Speed of vessels (1) Without prejudice to paragraph (2), no high speed craft shall, when underway in the waters of Hong Kong between half an hour after sunset and half an hour before sunrise, proceed at a speed exceeding the maximum permitted speed provided in paragraph 1 of the Fourth Schedule, except with the permission in writing from the Director. (L.N. 51 of 1992) (2) Every vessel underway in the waters of Hong Kong shall proceed with caution and, unless the Director otherwise permits, at a speed not exceeding the maximum permitted speed provided in paragraph 2 of the Fourth Schedule. (3) Without prejudice to paragraphs (1) and (2), no vessel shall, when underway in any restricted zone specified in the Eighteenth Schedule, between the hours of 8 a.m. and 12 midnight, on any Saturday or public holiday or on any day during the period from 1 July to 15 September (both dates inclusive) in any year, proceed at a speed exceeding the maximum permitted speed provided in paragraph 3 of the Fourth Schedule. (L.N. 107 of 2000) (4) Without prejudice to paragraphs (1) and (2), no vessel shall, when underway in the entrance to or within a typhoon shelter specified in the Shipping and Port Control (Typhoon Shelters) Regulations (Cap 313 sub. leg.), proceed at a speed exceeding the maximum permitted speed provided in paragraph 4 of the Fourth Schedule. (L.N. 107 of 2000) (5) If without reasonable excuse, paragraph (1), (2), (3) or (4) is contravened, the master of the vessel commits an offence and is liable in the case of a contravention of- (a) paragraph (1) or (2), to a fine at level 3 and to imprisonment for 6 months; (b) paragraph (3), to a fine at level 1; (c) paragraph (4), to a fine at level 2. (L.N. 107 of 2000)(6) In this regulation, "high speed craft" (高速船) has the meaning assigned to it by the Merchant Shipping (Safety) (High Speed Craft) Regulation (Cap 369 sub. leg.). (L.N. 107 of 2000) (L.N. 107 of 2000) Cap 313A reg 20 Stopping of vessels (1) Any vessel underway to which the international code signal "L" is made by flag, sound or flashing lamp from a marine, police, immigration or customs and excise department launch or a signal station, or to which any signal prescribed in regulation 35 is exhibited from a police launch, shall stop until authorized to proceed. (2) Any vessel not underway to which the international code signal "L" is made in the manner specified in paragraph (1), or to which any signal prescribed in regulation 35 is exhibited from a police launch, shall not move from its position until authorized to do so. (3) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313A reg 21 Restriction on embarkation or disembarkation of pilots (1) No vessel shall when entering Victoria port embark, or when leaving it disembark, a pilot outside the port within a distance of one nautical mile from the centre of the Lei Yue Mun Pass or Sulphur Channel. (2) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $5000. Cap 313A reg 22 Report of arrival of ship Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Subject to paragraphs (3) and (4), when a ship arrives (within the meaning of Part II) in the waters of Hong Kong, the owner of the ship, or if the owner is not in Hong Kong his agent, shall within 24 hours after such arrival- (a) report at the office of the Director the arrival of the ship; and (b) deposit at the office of the Director- (i) the ship's clearance from the last port of call; (ii) if cargo is to be discharged or transhipped, a copy of the manifest of such cargo; (iii) a list of the passengers on board (if any); (iv) a list of crew; and (v) such other documents as the Director may require; and(c) in the case of a ship belonging to a nation not having a consular officer in Hong Kong- (64 of 1999 s. 3) (i) produce at the office of the Director the certificate of registry of the ship; (ii) deposit at the office of the Director the ship's articles.(2) (Repealed L.N. 408 of 1994) (3) If the owner of a ship or his agent is not in Hong Kong, paragraph (1) shall be complied with by the master of the ship. (4) Paragraph (1) shall not apply to any ship for the time being used by the Hong Kong Government, or to any warship or ship for the time being used by Her Majesty's Government or the Government of any State for other than commercial purposes. (5) Any owner, agent or master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $10000. (L.N. 408 of 1994) Cap 313A reg 22A Change of ownership or agency (1) Subject to paragraph (3), where the owner of a ship referred to in regulation 22 or his agent has complied with that regulation but, following such compliance, ceases to be the owner or agent, as the case may be, whilst the ship is within the waters of Hong Kong, he shall inform the Director to that effect by notification. (2) Any person who becomes the owner of the ship referred to in regulation 22 or his agent, as the case may be, whilst the ship is in the waters of Hong Kong, shall inform the Director to that effect by notification. (3) Where the owner of the ship or his agent is not in Hong Kong, paragraphs (1) and (2) shall be complied with by the master of the ship. (4) Any owner, agent or master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $10000. (5) In this regulation- "notification" (知会) has the same meaning as in Part II; "owner" (拥有人), "agent" (代理人) or "master" (船长) includes any subsequent owner, agent or master. (L.N. 408 of 1994) Cap 313A reg 23 Entry into restricted areas, etc. (1)-(4) (Repealed L.N. 228 of 1997) (5) No vessel shall enter and remain in an area of any cable reserve specified in the Sixth Schedule except for the purpose of- (a) laying or repairing a submarine cable or pipeline; or (b) berthing at any pier within any such area.(6) Except with the permission of the Director, no vessel shall enter any area within- (a) (Repealed L.N. 228 of 1997) (b) 100 metres from the low water mark on Green Island; (c) the Ngong Shuen Chau Barracks area specified in paragraph 16 of the Fifth Schedule; or (L.N. 140 of 2000) (d) 100 metres from the low water mark on Waglan Island. (L.N. 96 of 1990)(6A) Except with the permission of the Director, no vessel shall enter or pass through the Chek Lap Kok Airport Approach Area No. 1, 2, 3 or 4 specified in paragraphs 5, 6, 7 and 8 respectively of the Fifth Schedule. (L.N. 228 of 1997) (6B) Except with the permission of the Director, no vessel which has a height exceeding 15 metres above sea level shall enter or pass through the Chek Lap Kok Airport Approach Area No. 5 or 6 specified in paragraphs 9 and 10 respectively of the Fifth Schedule. (L.N. 228 of 1997) (6C) Except with the permission of the Director, no vessel which has a height exceeding 30 metres above sea level shall enter or pass through the Chek Lap Kok Airport Approach Area No. 7 or 8 specified in paragraphs 11 and 12 respectively of the Fifth Schedule. (L.N. 228 of 1997) (6D) Except with the permission of the Director, no vessel which has an overall length exceeding 10 metres shall enter the Kap Shui Mun Special Area specified in paragraph 18 of the Fifth Schedule- (a) by crossing over the south-eastern boundary of the Special Area specified in paragraph 19 of the Fifth Schedule; or (b) by crossing over the north-eastern boundary of the Special Area specified in paragraph 20 of the Fifth Schedule. (L.N. 117 of 2002)(7) If without reasonable excuse this regulation is contravened- (a) in the case of a vessel not being towed, the master of the vessel commits an offence; (b) in the case of a vessel being towed, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence,and is, or each of them is, as the case may be, liable to a fine at level 3 and to imprisonment for 6 months. (L.N. 228 of 1997) Cap 313A reg 23A Supplementary provisions on entry into restricted areas, etc. (1) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 3(a) of the Fifth Schedule shall- (L.N. 228 of 1997) (a) in the case of a vessel being towed, enter, berth or unberth within the Tsing Tsuen and Tsing Yi Bridges Area specified in paragraph 3(b) of that Schedule unless the vessel is being towed by such number of tugs or other vessels as may reasonably be required to ensure the safety of the vessel having regard to the circumstances pertaining thereto; or (b) without prejudice to subparagraph (a), and whether or not the vessel is being towed, approach so near any bridge within the area referred to in that subparagraph as to prejudice the safety of the bridge.(2) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 4(a) of the Fifth Schedule shall- (L.N. 228 of 1997) (a) in the case of a vessel being towed, enter, berth or unberth within the Ap Lei Chau Bridge Area specified in paragraph 4(b) of that Schedule unless the vessel is being towed by such number of tugs or other vessels as may reasonably be required to ensure the safety of the vessel having regard to the circumstances pertaining thereto; or (b) without prejudice to subparagraph (a), and whether or not the vessel is being towed, approach so near any bridge within the area referred to in that subparagraph as to prejudice the safety of the bridge.(3) If without reasonable excuse paragraph (1)(a) or (2)(a) is contravened, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. (4) If without reasonable excuse paragraph (1)(b) or (2)(b) is contravened- (a) in the case of a vessel not being towed, the master of the vessel commits an offence; (b) in the case of a vessel being towed, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence,and is, or each of them is, as the case may be, liable to a fine of $10000 and to imprisonment for 6 months. (5) Without prejudice to paragraph (1)(b) or (2)(b), if a vessel is involved in a collision with any bridge within an area referred to in paragraph (1)(a) or (2)(a), as the case may be- (a) in the case of a vessel not being towed, the master and the owner of the vessel and any agent of the owner; (b) in the case of a vessel being towed- (i) the master and the owner of the vessel and any agent of the owner; and (ii) the masters and the owners of the tugs or other vessels towing the vessel and any agents of the owners,commit an offence and each of them is liable to a fine of $50000 and to imprisonment for 6 months. (6) It shall be a defence to a charge against a master, owner or agent under paragraph (5)(a) or (b) if he proves to the satisfaction of the magistrate or court that he could not reasonably have prevented the collision concerned or that all reasonable steps had been taken by him or another person to prevent such collision. (L.N. 309 of 1993) Cap 313A reg 23B Additional supplementary provisions on entry into restricted areas, etc. (1) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 13(a) of the Fifth Schedule shall enter or pass through the Tung Chung Bridges Area specified in paragraph 13(b) of that Schedule. (2) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 14(a) of the Fifth Schedule shall enter or pass through the Kap Shui Mun Bridge Area specified in paragraph 14(b) of that Schedule. (3) Except with the permission of the Director, no vessel which has a height exceeding that specified in paragraph 15(a) of the Fifth Schedule shall enter or pass through the Tsing Ma Bridge Area specified in paragraph 15(b) of that Schedule. (4) If without reasonable excuse this regulation is contravened- (a) in the case of a vessel not being towed, the master of the vessel commits an offence; (b) in the case of a vessel being towed, the master of the vessel and the masters of the tugs or other vessels towing the vessel commit an offence,and is, or each of them is, as the case may be, liable to a fine at level 3 and to imprisonment for 6 months. (5) Without prejudice to paragraph (1), (2) or (3), if a vessel is involved in a collision with any bridge within an area referred to in paragraph (1), (2) or (3), as the case may be- (a) in the case of a vessel not being towed, the master and the owner of the vessel and any agent of the owner; (b) in the case of a vessel being towed- (i) the master and the owner of the vessel and any agent of the owner; and (ii) the masters and the owners of the tugs or other vessels towing the vessel and any agents of the owners,commit an offence and each of them is liable to a fine at level 5 and to a imprisonment for 6 months. (6) It shall be a defence to a charge against a master, owner or agent under paragraph 5(a) or (b) if he proves to the satisfaction of the magistrate or court that he could not reasonably have prevented the collision concerned or that all reasonable steps had been taken by him or another person to prevent such collision. (L.N. 228 of 1997) Cap 313A reg 24 Navigation near the Ngong Shuen Chau Naval Basin (1) Except with the permission of a naval authority, no vessel shall enter or navigate within the Ngong Shuen Chau Naval Basin area specified in paragraph 17 of the Fifth Schedule. (L.N. 140 of 2000) (2)-(3) (Repealed L.N. 140 of 2000) (4) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $2000. Cap 313A reg 25 Embarkation and loading, etc. (1) Except with the written permission of the Director, no person shall be embarked or disembarked, and no cargo shall be loaded, unloaded or transhipped, onto or from a vessel at any place within the waters of Hong Kong other than in- (a) a port; or (b) a special anchorage.(2) This regulation shall not apply to vessels to which Part IV of the Ordinance applies. (3) If without reasonable excuse paragraph (1) is contravened, the master of the vessel commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. Cap 313A reg 25A Conducting seatrials (1) Except with the permission of the Director, no vessel shall conduct a seatrial within the waters of Hong Kong. (2) This regulation shall not apply to any vessel to which Part IV (Licensed Vessels) of the Ordinance applies except to any such vessel the subject of a direction under section 16 of the Ordinance or otherwise required by the Director or an authorized officer at the vessel traffic centre, as the case may be, to participate in the vessel traffic service. (3) If without reasonable excuse paragraph (1) is contravened, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $10000. (L.N. 408 of 1994) Cap 313A reg 26 Manning of ships (1) A ship shall, while within the waters of Hong Kong, have on board at all times such number of crew as is, in the opinion of the Director, qualified and capable of carrying out all duties which may reasonably be required to ensure the safety of the ship having regard to the circumstances pertaining thereto. (2) If this regulation is contravened, the owner and the master of the ship commit an offence and each of them is liable to a fine of $20000. Cap 313A reg 27 Obtaining of port clearance (1) A master who is required to have port clearance in respect of his vessel under section 15 of the Ordinance and who intends to proceed to sea shall apply to the Director for a port clearance before his intended departure and shall state the time of departure. (2) The Director shall, unless he has reason to refuse port clearance, grant port clearance on application made under paragraph (1) and return the ship's papers to the master. (3) Before a port clearance is granted under paragraph (2), the master shall, if required to do so by the Director, inform the Director of the nature of the intended voyage, the number of passengers (if any) and the general description of the cargo on board the vessel, and provide such other information as the Director may require. (4) A port clearance granted under paragraph (2) shall cease to be valid if the vessel does not proceed to sea within 72 hours after the grant of the port clearance. (L.N. 302 of 1991) Cap 313A reg 28 Failure to depart on obtaining port clearance (1) If a master after having obtained port clearance under regulation 27 does not proceed to sea within 72 hours thereafter, he shall report forthwith to the Director the reason for not proceeding to sea and shall, if so required by the Director, deposit the ship's papers with the Director. (L.N. 302 of 1991) (2) Any master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $5000. Cap 313A reg 29 Notification regarding dead ships (1) Where a dead ship is expected to arrive in the waters of Hong Kong, the owner or his agent or the master thereof shall notify the Director of such expected arrival not less than 24 hours before the arrival of the dead ship, or, if that is not practicable, as early as practicable before the arrival of the dead ship. (2) Subject to paragraph (5), the owner or his agent or the master of a ship shall without delay notify the Director if the ship becomes a dead ship after its arrival within the waters of Hong Kong. (3) Subject to paragraph (5), the owner or his agent or the master of a dead ship which is within the waters of Hong Kong shall without delay notify the Director after the dead ship ceases to be a dead ship. (4) A notification required to be given to the Director under this regulation shall initially be given over a telephone or by means of a radio or radiotelephone transmission and shall then be confirmed in writing by the owner, agent or master within 24 hours after such initial notification. (5) (a) Paragraph (2) shall not apply where permission to carry out maintenance or repair work is obtained under section 18(3) of the Ordinance. (b) Paragraphs (2) and (3) shall not apply to any dead ship to which section 18(2) and (3) of the Ordinance does not apply.(6) Any owner, agent or master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $5000. Cap 313A reg 30 Information regarding dead ships (1) An owner, agent or master shall give to the Director such information as the Director may require in respect of a dead ship or a ship which is to become a dead ship. (2) The information which the Director may require under paragraph (1) shall be such as he may reasonably require for the exercise of his powers in relation to the proper control of dead ships. (3) Any information required under paragraph (1) which is given over a telephone or by means of a radio or radiotelephone transmission shall, if so required by the Director, be given in writing by the owner, agent or master within 24 hours after such requirement. Cap 313A reg 31 Notification regarding laid-up vessels (1) Where a vessel, which to the knowledge of the owner or his agent or the master thereof will become a laid-up vessel whilst within the waters of Hong Kong, is expected to arrive in such waters, the owner, agent or master shall notify the Director of such expected arrival not less than 24 hours before the arrival of the vessel, or, if that is not practicable, as early as practicable before the arrival of the vessel. (2) The owner or his agent or the master of a vessel shall without delay notify the Director if the vessel becomes a laid-up vessel after its arrival within the waters of Hong Kong. (3) The owner or his agent or the master of a laid-up vessel which is within the waters of Hong Kong shall without delay notify the Director after the laid-up vessel ceases to be a laid-up vessel. (4) A notification required to be given to the Director under this regulation shall initially be given over a telephone or by means of a radio or radiotelephone transmission and shall then be confirmed in writing by the owner, agent or master within 24 hours after such initial notification. (5) Any owner, agent or master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $5000. Cap 313A reg 32 Information regarding laid-up ships (1) An owner, agent or master shall give to the Director such information as the Director may require in respect of a laid-up vessel or a vessel which is to become a laid-up vessel. (2) The information which the Director may require under paragraph (1) shall be such as he may reasonably require for the exercise of his powers in relation to the proper control of laid-up vessels. (3) Any information required under paragraph (1) which is given over a telephone or by means of a radio or radiotelephone transmission shall, if so required by the Director, be given in writing by the owner, agent or master within 24 hours after such requirement. Cap 313A reg 32A Tanker arrival notice (1) The owner, agent or master of a vessel which is a tanker shall, not less than 24 hours before the intended entry of that vessel into the waters of Hong Kong, inform the Director to that effect by notification and provide the information specified in the Seventeenth Schedule. (2) Any owner, agent or master who without reasonable excuse contravenes this regulation commits an offence and is liable to a fine of $10000. (L.N. 408 of 1994) Cap 313A reg 33 Identification and display of signals PART IV DISPLAY OF SIGNALS AND LIGHTS (1) Subject to paragraph (2), every vessel shall- (a) when entering the waters of Hong Kong between sunrise and sunset, hoist her- (L.N. 408 of 1994) (i) national colours; (ii) house flag (if any); and (iii) signal letters;(b) when entering and leaving any port, hoist her national colours; (c) when underway in any port between sunrise and sunset, keep her identification flags hoisted and also fly, well clear of the identification flags, the appropriate berthing signal, if any, specified in the Eighth Schedule. (d) when underway in the waters of Hong Kong between sunset and sunrise, identify herself, if so required by any vessel which makes the international code signal "K"; (e) hoist her signal letters not less than 30 minutes before leaving a berth or anchorage between sunrise and sunset; (f) hoist a Blue Peter not less than 18 hours before the intended time of proceeding to sea.(2) Paragraph (1) shall not apply to vessels to which Part IV of the Ordinance applies. (3) If without reasonable excuse paragraph (1) is contravened, the master of the vessel commits an offence and is liable to a fine of $5000. Cap 313A reg 34 Display of flags "S" over the code pennant (1) The master of a vessel which has been boarded by an authorized officer pursuant to section 59 of the Ordinance shall if required by such authorized officer hoist the international code flags "S" over the answering pennant. (2) Where the international code flags "S" over the answering pennant are hoisted under paragraph (1)- (a) no person shall board or leave the vessel; and (b) no other vessel shall approach within 30 metres of the vessel,without the permission of the authorized officer. (3) Any master who fails to comply with a requirement under paragraph (1) commits an offence and is liable to a fine of $5000. (4) Any person who contravenes paragraph (2)(a), or the master of any vessel which contravenes paragraph (2)(b), commits an offence and is liable to a fine of $5000. Cap 313A reg 35 Signals on police launches (1) A police launch shall, for the purposes of regulation 20, exhibit the following signal- (a) between sunrise and sunset, a blue flag with one white and two red diagonal stripes; and (b) between sunset and sunrise, a blue light.(2) If any vessel exhibits without authority any signal specified in paragraph (1), the master of the vessel commits an offence and is liable to a fine of $5000. Cap 313A reg 36 Signals for fire or police assistance Where fire services assistance or police assistance is required on a vessel- (a) between sunrise and sunset, the international code signal "CB3" shall be hoisted and, in the case of fire, that signal may be supplemented by the international code signal "C B6" "I am on fire"; (b) between sunset and sunrise, 3 all-round lights in a vertical line, the highest and the lowest lights white and the middle red, shall be exhibited and that signal may be supplemented by a "flare up" every minute in the case of fire or "blue lights" in the case of riot or disturbance, and, in either case, a continuous sounding with any fog signal apparatus may, in addition, be adopted. Cap 313A reg 37 Vessels handling explosives or petroleum (1) Without prejudice to anything contained in the Dangerous Goods (Shipping) Regulations (Cap 295 sub.leg.), a vessel on which explosives are being handled shall- (a) between sunrise and sunset, fly the international code signal "B" at the fore masthead; and (b) between sunset and sunrise, exhibit an all-round red light at a height of not less than 6 metres above the uppermost deck, and such light shall be of such intensity as to be visible in clear atmosphere on a dark night at a distance of at least one nautical mile.(2) Without prejudice to anything contained in the Dangerous Goods (Shipping) Regulations (Cap 295 sub.leg.), a vessel on which petroleum having a flash point of less than 65.5 degrees Celsius is being handled shall- (a) between sunrise and sunset, fly a red flag of not less than one metre square with a white circular centre 150 millimetres in diameter at the fore masthead and shall also fly the international code signal "S.U.7."; and (b) between sunset and sunrise, exhibit an all-round red light at a height of not less than 6 metres above the uppermost deck, and such light shall be of such intensity as to be visible in clear atmosphere on a dark night at a distance of at least one nautical mile.(3) If this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (4) For the purpose of this regulation, "handle" (处理) includes all operations connected with the loading, unloading, discharging, stacking, stowing or restowing. Cap 313A reg 38 Towing signals (1) A vessel which is being towed by tugs in the waters of Hong Kong shall, where radiotelephone equipment is not available for use, use the towing signals specified in the Ninth Schedule to convey directions to the tugs. (2) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $5000. Cap 313A reg 39 Lights on junks, etc. (1) Every junk, which is not mechanically propelled, when underway in the waters of Hong Kong at any time between sunset and sunrise shall exhibit- (a) the lights prescribed for sailing vessels underway in the collision regulations; or (57 of 1990 s. 7) (b) 2 all-round white lights of such intensity as to be visible in clear atmosphere on a dark night at a distance of at least one nautical mile, one of which shall be placed at the fore masthead and the other at the stern at a height above the uppermost continuous deck of not less than 2 metres.(2) Unless the Director so directs, no lights shall be required to be exhibited on any vessel to which Part IV of the Ordinance applies that tends to remain stationary in any part of the waters of Hong Kong. (3) If this regulation is contravened, the master of the junk commits an offence and is liable to a fine of $5000. Cap 313A reg 40 Lighting of piers, etc. (1) An owner or occupier of a pier, whether completed or under construction, shall, unless exempted in writing by the Director, at all times between sunset and sunrise cause a red light to be exhibited within 2 metres of the outer end of the pier and at a height above it of not less than 3 metres nor more than 6 metres, and such red light shall be of such intensity and so constructed as to be visible from seaward in clear atmosphere on a dark night at a distance of at least one nautical mile. (2) Any owner or occupier of a pier who contravenes paragraph (1) commits an offence and is liable to a fine of $5000. Cap 313A reg 41 Anchoring of vessels PART V ANCHORING, MOORING AND BERTHING OF VESSELS (1) Subject to paragraph (2), a vessel shall not anchor at any place in a port other than at a place- (a) set aside by the Director for the anchorage of that particular type, class or description of vessel or for a particular purpose; or (b) specified by the Director in any particular case.(2) No vessel shall anchor or lie- (a) within any principal fairway; (b) in the direct approaches to the Lei Yue Mun Pass or Sulphur Channel; (c) in a position which obstructs the approaches or entrances to any principal fairway, typhoon shelter or pier; (d) in a position which gives a foul berth to any other vessel made fast to a mooring, pier or dock premises; (e) except with the permission of the Director, within 500 metres of any place or vessel designated as a Government Explosives Depot under section 13A of the Dangerous Goods Ordinance (Cap 295); (f) except with the permission of the Director, at any place at which anchoring or lying is prohibited by notice to that effect conspicuously posted at or near that place by order of the Director; (g) if the vessel exceeds an overall length of 100 metres, within the Yau Ma Tei Anchorage except with the permission of the Director; (h) in an immigration anchorage except for the purpose of compliance with the Immigration Ordinance (Cap 115); (i) in a quarantine anchorage except for the purpose of compliance with the Quarantine and Prevention of Disease Ordinance (Cap 141); (j) in a dangerous goods anchorage except for the purpose of compliance with the Dangerous Goods Ordinance (Cap 295); and (k) in a naval anchorage except with the permission of the naval authorities.(3) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313A reg 42 Mooring to buoys (1) No vessel shall moor to a buoy unless the buoy is one laid for mooring purposes. (2) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $2000. Cap 313A reg 43 Use of Government buoys and moorings (1) Except with the permission of the Director, no vessel shall moor to a Government mooring buoy. (2) A vessel shall be secured to a Government mooring buoy by her anchor cable. (3) A vessel which is moored to a Government mooring buoy shall not- (a) swing ship for compass adjustment; or (b) test main propulsion machinery.(4) When a tropical cyclone warning signal is announced by the Hong Kong Observatory every vessel (other than a dead ship) which is moored to a Government mooring buoy shall clear anchor and cables and prepare the main propulsion machinery to full power conditions and such vessel shall, if so directed by the Director, leave the mooring buoy. (L.N. 408 of 1994; L.N. 362 of 1997) (5) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $10000. Cap 313A reg 44 Berthing of vessels (1) Subject to paragraph (3), no vessel shall berth at any berth other than at the berth allocated to the vessel by the Director. (2) A vessel which is berthed shall not leave the berth unless- (a) directed to do so by the Director; or (b) permission to do so is obtained from the Director.(3) This regulation shall not apply to any vessel to which Part IV of the Ordinance applies. (4) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $10000 and to a further fine of $1000 for every hour or part of an hour during which the vessel remains in a berth in contravention of this regulation after the master thereof has been directed by the Director to move from such berth. Cap 313A reg 45 Vessels alongside berthed vessels (1) Save as provided in this regulation or as permitted by the Director, no vessel shall lie alongside any other vessel which is berthed anywhere in a port, other than in a typhoon shelter specified in the Shipping and Port Control (Typhoon Shelters) Regulations (Cap 313 sub. leg.). (2) An oil bunkering vessel not exceeding 2000 tons net register may lie alongside another vessel for the purpose of bunkering. (3) Vessels to which Part IV of the Ordinance applies may lie alongside a ship- (a) not more than 3 abreast at the gangway of the ship; (b) not more than 5 abreast at other parts on either side of the ship; (c) not more than 4 abreast alongside if the ship is moored at any wharf; (d) not more than 2 abreast alongside if the ship is moored at No. 5 North Berth of the Hong Kong and Kowloon Wharf and Godown Company.(4) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $5000. Cap 313A reg 46 Berthing, etc. at Government piers (1) Except with the permission of the Director, no vessel shall lie alongside a Government pier for any purpose other than to enable passengers to embark or disembark (with their luggage, if any) and for any time longer than is reasonably necessary for such embarking or disembarking. (2) Except with the permission of the Director, no vessel exceeding 35 metres in length shall go alongside any Government pier. (3) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $2000. Cap 313A reg 47 Use of piers (1) No vessel shall make fast to any part of a Government or British Forces pier except to the recognized mooring bollards and rings provided thereon as moorings. (2) No vessel shall lie alongside any pier unless the pier is designed and constructed for the purpose. (3) If without reasonable excuse this regulation is contravened, the master of the vessel commits an offence and is liable to a fine of $2000. Cap 313A reg 48 Laying of private moorings (1) No person shall lay a private mooring anywhere in the waters of Hong Kong except in the place specified in the permission granted under section 6 of the Ordinance. (2) A private mooring laid under paragraph (1) shall not be used by any vessel not owned by or under the control of the owner of the private mooring except with the consent of the owner of the private mooring or by direction of the Director. (3) Subject to paragraph (4), the fee prescribed in the Thirteenth Schedule shall be paid for the keeping of a private mooring. (L.N. 127 of 1985) (4) No fee shall be payable in respect of a private mooring if the Director is satisfied that the mooring is used exclusively for warping purposes. (5) Subject to paragraph (5A), if the owner of a private mooring sells or otherwise transfers the private mooring- (a) he and the purchaser or transferee shall notify the Director in a form specified by the Director of the name and address of the new owner and shall give such other information as the Director may require; and (b) the purchaser or transferee shall pay the transfer of ownership fee prescribed in the Thirteenth Schedule,in each case within 14 days after the date of the sale or transfer. (L.N. 127 of 1985) (5A) Paragraph (5) shall not apply to the sale or transfer of a private mooring by the Director. (L.N. 127 of 1985) (6) A private mooring and the chains, shackles and other accessories of the mooring shall be of such nature and construction as the Director may direct and the owner of the mooring shall keep and maintain the mooring and its accessories in the approved position and in good condition. (7) The Director may inspect a private mooring and its accessories and may require the owner of the private mooring- (a) to carry out any repairs to the mooring or its accessories; (b) to re-lay or renew the mooring; or (c) to remove the mooring.(8) Any person who- (a) contravenes paragraph (1), (5)(a) or (6); or (L.N. 127 of 1985) (b) fails to comply with any direction or requirement under paragraph (6) or (7),commits an offence and is liable to a fine of $5000. (9) If any vessel uses any private mooring in contravention of paragraph (2), the owner or master of the vessel commits an offence and is liable to a fine of $300 for each day or part of a day during which the mooring is so used. (10) Where in respect of a private mooring- (a) the prescribed fee is not paid under paragraph (3) or (5)(b); or (L.N. 127 of 1985) (b) an offence is committed under paragraph (8),the Director may, without prejudice to the liability of the owner of the private moori