To provide for the regulation and control of ports and of vessels in Hong Kong or in the waters of Hong Kong , the regulation and control of repairs and breaking up of vessels, cargo handling on vessels and pollution caused by vessels in the waters of Hong Kong, the regulation for and control of construction or reclamation works in which vessels are used and for other matters affecting vessels, navigation and the safety of vessels at sea (whether within or beyond the waters of Hong Kong). (Amended 46 of 1981 s. 2; 57 of 1990 s. 2; Amended 70 of 1999 s. 2) [29 December 1978] L.N. 291 of 1978 (Originally 76 of 1978) Cap 313 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Shipping and Port Control Ordinance. Cap 313 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "agent" (代理人) means any person acting in Hong Kong as agent for the owner of a vessel for the purposes of this Ordinance; "aid to navigation" (助航设备) means a lighthouse, beacon or buoy, and any cables, wires and other forms of communication apparatus connected or used with a lighthouse, beacon or buoy; "authorized officer" (获授权人员) means- (a) the Director and any public officer of the Marine Department of or above the rank of Marine Inspector Class II; (Amended 46 of 1981 s. 3) (b) any police officer of or above the rank of Sergeant; and (Amended 60 of 1979 s. 2) (c) any public officer authorized in writing in this behalf by the Director;"beacon" (航标) means any light, mark or sign established as an aid to navigation, other than a lighthouse or buoy; "buoy" (浮标) means any floating light, mark or sign established as an aid to navigation, other than a lighthouse or beacon; "cargo" (货物) means any goods, container, pallet, material and solid ballast, ships' stores, provisions and equipment, mail and passengers' baggage, carried, or intended to be carried, in or on a vessel; (Amended 70 of 1999 s. 3) "cargo handling" (货物处理) means- (a) the loading of cargo on, or the unloading of cargo from, a vessel; (b) the transfer of cargo within a vessel; or (c) the hoisting, lowering, moving and handling of cargo or any other thing in any manner, on or from a vessel;"collision regulations" (碰撞规例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg. N); (Added 57 of 1990 s. 3) "dangerous goods" (危险品) means the substances and articles which are specified in the Schedule to the Dangerous Goods (Application and Exemption) Regulations (Cap 295 sub. leg. A); "dead ship" (废船) means any ship exceeding 50 metres in length, other than a laid-up vessel, which- (a) is, for any reason, unable to proceed under its own power; (b) is, for any reason, unable to manoeuvre with its own steering gear; (c) is, for any reason, unable to work its own anchors; or (d) has any part of the hull structure removed, or under repair, which may affect the water-tight integrity of the ship;"Director" (处长) means the Director of Marine; "dynamically supported craft" (动力承托的航行器) means a craft that is operable on or above water and the weight of which, or a significant part thereof, is balanced in one mode of operation by other than hydrostatic forces; "junk" (中式帆船) includes any vessel- (a) of Chinese or other Asiatic build, construction or rig; (b) of Chinese or other Asiatic build and construction but of European rig; or (Amended L.N. 386 of 1993) (c) of European build and construction, but of Chinese or other Asiatic rig,whether such vessel is of a sea-going type or not and whether mechanically propelled or not;"laid-up vessel" (闲置船只) means any vessel exceeding 50 metres in length, other than a dead ship, which remains, or is to remain, within the waters of Hong Kong through lack of employment or pending the outcome of any legal proceedings before any court; "lighthouse" (灯塔) includes a lightship and any floating or other light exhibited for the guidance of ships, other than a beacon or buoy; "master" (船长), in relation to a vessel other than a vessel to which Part IV applies, means the person (except a pilot) having for the time being command or charge of the vessel; "materal" (物料) includes construction material, waste material and debris; (Added 70 of 1999 s. 3) "mooring" (系泊设备) includes a mooring dolphin or post, buoy, pontoon, floating pier or other floating structure used for the mooring of vessels or to assist in the embarkation or disembarkation to or from vessels; "owner" (拥有人)- (a) in relation to a vessel, means- (i) the person or persons registered or licensed as the owner of the vessel, or in the absence of registration or licensing, the person or persons owning the vessel, except that in relation to a vessel owned by a State which is operated by a person registered as the vessel's operator, it means the person registered as its operator; or (ii) a demise charterer of the vessel; and(b) in relation to cargo, includes- (i) the consignor, consignee or shipper of the cargo; and (ii) the agent of the owner of the cargo;"pilot" (领港员) means the person who is a pilot within the meaning of the Pilotage Ordinance (Cap 84); "place on land" (陆上地方) means- (a) any premises, building or vehicle on land; (b) any building, structure or object erected or placed on the bed or shore of the sea; or (c) anything afloat (other than a vessel) if it is anchored or attached to the bed or shore of the sea;"port" (港口) means any area of the waters of Hong Kong which is declared to be a port under section 56; "port dues" (港口费) means any due, fee or charge payable under this Ordinance in respect of a vessel which enters the waters of Hong Kong or uses any port facility; "port facility" (港口设施) means any aid to navigation, mooring or signal station; "river trade limits" (内河航限) means- (a) the waters in the vicinity of Hong Kong within the following boundaries- (i) to the East, meridian 1140 30' East; (ii) to the South, parallel 220 09' North; and (iii) to the West, meridian 1130 31' East; and(b) all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by water from the area defined in paragraph (a);"ship" (船、船舶) means any vessel used in navigation other than a vessel propelled by oars or a junk; "signal station" (信号站) means a signal station so specified by regulations made under this Ordinance; "tidal water" (感潮水域) means any part of the sea or of a river within the ebb and flow of the tide at ordinary spring tides; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated according to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg. C); (Amended 64 of 1999 s. 3) "use of signals of distress regulations" (《使用遇险讯号规例》) means the Merchant Shipping (Safety) (Use of Signals of Distress) Regulations (Cap 369 sub. leg. O); (Added 57 of 1990 s. 3. Amended 70 of 1999 s. 3) "vessel" (船只) includes- (a) any ship, junk, boat, dynamically supported craft, seaplane, or any other description of vessel used in navigation; and (b) any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation; (Amended 46 of 1981 s. 3)"waters of Hong Kong" (香港水域) means waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44) (Amended 57 of 1990 s. 3) Cap 313 s 3 Application (1) This Ordinance shall, except where otherwise specially provided, apply to all vessels in Hong Kong or in the waters of Hong Kong, including vessels for the time being used by the Hong Kong Government and all warships and ships for the time being used by Her Majesty's Government or the Government of any State. (Amended 46 of 1981 s. 4) (2) Nothing in this Ordinance shall derogate from the provisions of any other law. Cap 313 s 4 Installation of Government port facilities PART II PORT FACILITIES The Director may lay, place, erect and maintain under his control in the waters of Hong Kong such port facilities as he thinks fit. Cap 313 s 5 Use of port facilities (1) Subject to any other provision of this Ordinance, no person shall use a port facility otherwise than for the purpose for which it is provided. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $5000. Cap 313 s 6 Restriction on installation of private port facilities, etc. (1) Subject to subsection (2), except with the written permission of the Director, no person shall lay, place, erect or maintain a port facility or any floating or other structure in the waters of Hong Kong. (2) The Director may, by notice in the Gazette, specify any area of the waters of Hong Kong in which any floating or other structure specified in the notice may be laid, placed, erected or maintained without the permission of the Director. (3) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $5000. (4) Without prejudice to the liability for an offence under subsection (3), the Director may give such directions as he thinks fit for the removal, moving or modification of a port facility or any floating or other structure laid, placed, erected or maintained in contravention of subsection (1). Cap 313 s 7 Damage, etc., to aids to navigation (1) Any person who wilfully or negligently- (a) removes, alters, damages, destroys, or interferes with, any aid to navigation or mooring; or (b) makes fast to any aid to navigation,commits an offence and is liable to a fine of $5000. (2) If an offence under subsection (1) is committed by a person on or in respect of a vessel, then, in addition to that person, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $5000. Cap 313 s 8 Liability for damage to port facilities, etc. (1) Where any damage is caused by a vessel to any port facility, pier, breakwater or other property owned by the Government, the owner and the master of the vessel shall, without prejudice to the liability for an offence under this Ordinance, be jointly and severally liable for any loss arising out of the damage to the extent that such loss is attributable to any fault on the part of the vessel of to any wilful or negligent act of any person on the vessel. (2) Such loss may be recovered by the Director as a civil debt. Cap 313 s 9 Power to require removal of unauthorized lights and signs The Director may direct an owner or his agent or the master of any vessel, or any person who appears to him to be the owner or occupier of a place on land, at or from which there is exhibited a light or illuminated sign which, in the opinion of the Director- (a) obscures, restricts or interferes with, or is likely to obscure, restrict or interfere with, the functions or use of any signal station or aid to navigation; (b) is likely to be mistaken for a light or signal proceeding from any signal station or aid to navigation; or (c) in any way interferes with, or is likely to interfere with, the safe navigation of vessels in the waters of Hong Kong,to remove the light or illuminated sign or to extinguish or screen it in the manner specified in the direction. Cap 313 s 10 Application of collision regulations and use of signals of distress regulations PART III CONTROL OVER VESSELS AND PORTS (1) Subject to any special provision in or under this Ordinance, the collision regulations and the use of signals of distress regulations shall apply- (a) to all vessels required to be licensed under Part IV wherever they may be; and (b) to all other vessels (not being ships to which the regulations apply pursuant to the provisions of the Merchant Shipping (Safety) Ordinance (Cap 369)) while they are within the waters of Hong Kong,and shall, for the purpose of their application by virtue of this section, be read and construed as if references to "ships" were references to "vessels" and references to "ships registered in Hong Kong" were references to "vessels required to be licensed under Part IV". (2) For the purpose of subsection (1) the collision regulations and the use of signals of distress regulations shall each be deemed to have been made under section 80 and may be amended thereunder. (3) If any of the collision regulations is contravened by a vessel, the owner of the vessel, the master and any person for the time being responsible for the conduct of the vessel shall each be guilty of an offence and liable to a fine of $20000. (4) It shall be a defence to a charge under subsection (3) for the person charged to prove that he took all reasonable precautions to prevent the contravention to which the charge relates. (5) If the master of a vessel uses or displays or causes or permits any person under his authority to use or display- (a) any signal prescribed by the collision regulations except in the circumstances and for the purposes prescribed by the use of signals of distress regulations; or (b) any private signal, whether registered or not, which is liable to be mistaken for any signal prescribed by the collision regulations,he commits an offence and is liable to a fine of $20000 and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage. (6) Notwithstanding anything in the Magistrates Ordinance (Cap 227) an information or complaint relating to an offence under this section which has been committed outside Hong Kong may be laid or made at any time within 2 years from the commission of the offence. (Replaced 57 of 1990 s. 4) Cap 313 s 11 Application Sections 11A and 11B shall apply in relation to all vessels whether within or outside the waters of Hong Kong except for- (a) any vessel licensed under Part IV; and (b) any warship or other ship for the time being used by Her Majesty's Government other than for commercial purposes. (Replaced 69 of 1993 s. 2) Cap 313 s 11A Notification prior to arrival of vessels Subject to any provision in or pursuant to this Ordinance, where a vessel is expected to arrive in the waters of Hong Kong, the owner or the master of the vessel 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. (Added 69 of 1993 s. 2) Cap 313 s 11B Refusal of permission to enter, leave, etc. Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Notwithstanding any other provision in this Ordinance, the Director may, if he is satisfied that there is reason for doing so, give directions- (a) refusing permission for a vessel or class, type or description of vessel to enter or leave the waters of Hong Kong; or (b) requiring the removal of a vessel or class, type or description of vessel from the waters of Hong Kong.(2) Without limiting the generality of subsection (1) and without prejudice to any of the Director's powers under this Ordinance, the Director may give directions prohibiting the entry of a vessel into, or requiring the removal of a vessel from, the waters of Hong Kong if in his opinion the condition of that vessel or the nature or condition of anything it contains is such that its presence in the waters of Hong Kong may involve- (a) grave and imminent danger to the safety of any person or property; or (b) grave and imminent risk that the vessel may, by sinking, foundering or otherwise, prevent or seriously prejudice the use of any part of the waters of Hong Kong by other vessels.(3) Any directions under subsection (1) or (2) may be given as respects the vessel in question to the owner or the master of the vessel. (4) At any time any directions under subsection (1) or (2) are given to any person, the Director shall inform that person of the grounds for giving such directions. (5) If any directions of the Director under subsection (2) were not reasonably necessary to prevent or reduce the danger or risk provided therein, a person incurring expense or suffering damage as a result of any action taken in compliance with the Director's directions shall be entitled to claim and recover compensation from the Government. (6) Nothing in this section shall affect the exercise by the Director of any of the powers conferred on him by section 6 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap 413). (Amended 64 of 1999 s. 3) (Added 69 of 1993 s. 2) Cap 313 s 11C Offences (1) If without reasonable excuse section 11A is contravened, the owner and the master of the vessel each commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (2) (a) If a vessel which is refused permission under section 11B(1)(a) or which is prohibited under section 11B(2) to enter the waters of Hong Kong so enters without reasonable excuse, the owner and the master of the vessel each commits an offence and is liable to a fine of $250000 and to imprisonment for 2 years and to an additional fine of $25000 for each day during which the vessel in question remains in the waters of Hong Kong without reasonable excuse after so entering. (b) If a vessel which is refused permission under section 11B(1)(a) to leave the waters of Hong Kong so leaves without reasonable excuse, the owner and the master of the vessel each commits an offence and is liable to a fine of $250000 and to imprisonment for 2 years. (c) If without reasonable excuse a direction under section 11B(1)(b) or (2) for the removal of a vessel from the waters of Hong Kong is not complied with, the owner and the master of the vessel each commits an offence and is liable to a fine of $250000 and to imprisonment for 2 years and to an additional fine of $25000 for each day during which the vessel in question remains in the waters of Hong Kong without reasonable excuse. (Added 69 of 1993 s. 2) Cap 313 s 12 Power to detain vessels (1) Where- (a) a vessel is refused permission to leave the waters of Hong Kong under section 11B; or (Amended 70 of 1999 s. 5) (b) it is provided in this Ordinance that under specified conditions a vessel shall not leave any port or the waters of Hong Kong,the Director may take such steps as are necessary to detain the vessel in such port or waters. (2) If the Director incurs any cost in detaining a vessel under subsection (1), he may recover the cost- (a) as a civil debt from the owner or master of the vessel; or (b) under section 55 as if the cost represented port dues payable in respect of the vessel.(3) Where any vessel not registered in Hong Kong is detained under subsection (1), notice thereof shall be given to the consular officer for the State to which the vessel belongs, and if there is no such consular officer to the master of the vessel, and such notice shall specify the grounds on which the vessel has been detained. (Amended 23 of 1998 s. 2) Cap 313 s 13 Penalty for taking detained vessel to sea (1) If a vessel which is detained under section 12 proceeds to sea the master, and the owner or his agent if he is party or privy to such action, commit an offence and each of them is liable to a fine of $50000 and to imprisonment for 2 years. (2) Where a vessel proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty- (a) the master and the owner or his agent, in addition to committing an offence under subsection (1), commit an offence under this subsection and each of them is liable to a fine of $20000 and to imprisonment for 6 months, and to an additional fine of $1000 for each day during the period from the date on which the vessel proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (b) the master and the owner and his agent shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong, and all such expenses may be recovered in the same manner as a fine. Cap 313 s 14 Director to be allowed to board (1) When a ship arrives within the waters of Hong Kong, the master of the ship shall allow and assist the Director to board the ship as soon as he comes alongside the ship and shall give to the Director such information as he may be required to give under this Ordinance. (2) Any master or officer of a ship who- (a) fails to allow, or fails to assist, the Director to board the ship; or (b) delays or impedes the Director from boarding the ship, commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 15 Port clearance to be obtained before departure (1) Subject to subsection (2), no vessel shall proceed to sea unless there is in relation to the vessel a valid port clearance in writing obtained in the prescribed manner. (2) Subsection (1) shall not apply- (a) to any warship or other ship for the time being used by Her Majesty's Government or the Government of any State for other than commercial purposes; (b) to any vessel for the time being used by the Hong Kong Government; (c) to any vessel of a class that is exempted by the Director by notice in the Gazette from the operation of this section; (d) to any vessel that is obliged to leave any port or the waters of Hong Kong due to weather conditions, or other circumstances beyond the control of its master, in the interests of safety of the vessel, its cargo, crew or passengers.(3) If subsection (1) is contravened, the master commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 16 Power to give directions The Director may give to an owner or his agent or to a master of, or other person who appears to the Director to be in control over, a vessel such directions as he thinks fit in any particular case- (a) for controlling the vessel when entering or leaving the waters of Hong Kong; (b) for controlling the navigation and movement of the vessel in the waters of Hong Kong; (c) as to the place and manner in which the vessel shall be berthed, moored, anchored or secured; (d) for the removal of the vessel from any berth, mooring or anchorage to another berth, mooring or anchorage; (e) prohibiting the berthing, mooring or anchoring of the vessel in any particular place; (f) for ensuring the safety of, or preventing the outbreak of fire on, the vessel in the waters of Hong Kong. (Amended 46 of 1981 s. 5) Cap 313 s 16A Power to give directions generally (1) Without prejudice to the generality of section 16, the Director may, by notice in the Gazette, give to an owner or his agent or to a master of, or other person who appears to the Director to be in control over, any vessel belonging to a class, type or description of vessel specified in the notice such directions as he thinks fit in respect of any matter in relation to which the Director may give directions under that section. (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice.(4) Without prejudice to the generality of section 61(5) or (6), sections 61(1), (2), (3) and (4) and 66 shall not apply to a direction given in a notice under subsection (1). (Added 15 of 1995 s. 2) Cap 313 s 16B Closure of waters (1) Where the Director reasonably believes that it is necessary in the interests of safety to close any area of the waters of Hong Kong to all vessels, or to any vessel belonging to any class, type or description of vessel, he may, by notice in the Gazette, close that area to such vessels or vessel, as the case may be. (2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period. (3) It is hereby declared that a notice under subsection (1)- (a) is subsidiary legislation; (b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice; (c) shall not apply to any vessel which is being used for any fire services, ambulance, police, customs and excise or Marine Department purpose if compliance with the notice is likely to hinder the use of that vessel for that purpose.(4) If without reasonable excuse a vessel the subject of a notice under subsection (1) enters an area of the waters of Hong Kong the subject of that notice, the master of the vessel commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Added 15 of 1995 s. 2) Cap 313 s 17 Ships to anchor in ports (1) Subject to subsection (2), no ship or junk shall, except with the permission of the Director, anchor at any place in the waters of Hong Kong other than in a port or at a specified anchorage specified in the Third Schedule to the Pilotage Ordinance (Cap 84). (Amended 29 of 1985 s. 8) (2) Subsection (1) shall not apply where a ship or junk anchors at any place in the waters of Hong Kong, other than in a place in which anchoring is expressly restricted or prohibited under this Ordinance, because of stress of weather or other sufficient cause. (3) If subsection (1) is contravened, the master commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 18 Dead ships (1) No dead ship shall, except with the permission of the Director, enter, or be brought into, the waters of Hong Kong. (2) Subject to subsection (4), no dead ship shall, except with the written permission of the Director, be berthed, moored or anchored at any place in the waters of Hong Kong. (3) Subject to subsection (4), no owner, agent or master of a ship which is within the waters of Hong Kong shall, except with the written permission of the Director, carry out, or cause to be carried out, any maintenance or repair work on the ship which will result in the ship becoming a dead ship. (4) Subsections (2) and (3) do not apply to a dead ship which is drydocked or within the precincts of, or berthed or moored alongside, a dockyard. (5) Without prejudice to section 64(5), a permission granted under this section may be withdrawn or cancelled by the Director at any time if the dead ship becomes, or is likely to become, a danger to life, other vessels, port facilities or other property. (6) If without reasonable excuse subsection (1), (2) or (3) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 19 Laid-up vessels (1) Subject to subsection (2), no laid-up vessel shall, except with the written permission of the Director, be berthed, moored or anchored at any place in the waters of Hong Kong. (2) Subsection (1) does not apply to a laid-up vessel which is drydocked or within the precincts of, or berthed or moored alongside, a dockyard. (3) If without reasonable excuse subsection (1) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 20 Beaching, etc. of vessels (1) Where a vessel- (a) is on fire; (b) has suffered damage by fire, explosion or collision; or (c) is disabled, stranded or out of control because of damage, bad weather or mechanical failure,the Director may, if he has reasonable grounds to believe that any of the circumstances specified in subsection (2) prevail, direct the owner or master of the vessel- (Amended L.N. 386 of 1993) (i) to beach the vessel; (ii) to take the vessel outside the limits of a port; or (iii) to take such other action as the Director thinks fit.(2) The circumstances for the purposes of subsection (1) are that the vessel- (a) is, or is likely to become, a danger to life, other vessels, aircraft or navigation; (b) is causing, or is likely to cause, pollution of the waters of Hong Kong; (c) is causing, or is likely to cause, damage to port facilities or other property.(3) If without reasonable excuse any direction given under subsection (1) is not complied with, the owner or master to whom the direction is given commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. Cap 313 s 21 Removal, etc. of stranded, abandoned or sunken vessel Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The Director may give to an owner or master of, or other person who claims or appears to the Director to exercise control over, a vessel which is stranded, abandoned or sunk in the waters of Hong Kong such directions as he thinks fit in respect of the removal, movement, anchoring, mooring, securing, raising or destruction of the vessel. (Amended L.N. 307 of 1998) (2) If without reasonable excuse any direction given under subsection (1) is not complied with, the person to whom the direction is given commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. (3) The Director may seize and detain a vessel referred to in subsection (1) together with any cargo and other things on board if- (a) a direction given under subsection (1) is not complied with; (b) after reasonable inquiry he is unable to ascertain the ownership of the vessel or to trace the owner or master of the vessel; or (c) no person claims or appears to the Director to exercise control over the vessel.(4) For the purposes of seizing a vessel, cargo or other things under subsection (3), the Director may take, or cause to be taken, any action that is necessary including the employment of pilots and the use of tugs and equipment to remove, move, anchor, moor, secure or raise the vessel, cargo and other things. (5) The Director shall publish in the Gazette and in one English language and one Chinese language newspaper circulating in Hong Kong a notice of a seizure effected under subsection (3) and the notice shall specify- (a) the names (if known to the Director) of the persons whom the Director believes to be the owner and the master of the vessel; (b) the name (if known to the Director) of the person whom the Director believes to be the owner or otherwise entitled to the possession of any cargo or other things on board; (c) a description of the vessel and the place at which it was seized; (d) a description of the cargo or other things on board; and (e) a reasonable period within which and the place at which a claim shall be submitted to the Director for the release of the vessel, cargo or other things on board.(6) If a valid claim to a vessel, cargo or other things seized under subsection (3) is submitted at any time before a notice is published under subsection (5) or within the period specified in a notice published under that subsection, the Director shall, on payment to him of all expenses involved in the seizure and custody of the vessel, cargo or other things, as the case may be, release the vessel, cargo or other things to the claimant. (7) If the release of a vessel, cargo or other things is not obtained in pursuance of subsection (6), the Director may sell, or otherwise dispose of in such manner as he thinks fit, the vessel, cargo or other things, as the case may be, and in the case of sale the proceeds, after deducting all expenses payable under subsection (6) and any reasonable expense incurred in the sale, shall be paid to the person making a valid claim thereto within one year after the date of sale or forfeited to the Government if not claimed within that period. (Amended 64 of 1999 s. 3) Cap 313 s 22 Notice of change of ownership of stranded, abandoned or sunken vessels (1) Where the owner of a vessel which is stranded, abandoned or sunk in the waters of Hong Kong sells the vessel, or otherwise parts with the ownership of the vessel, he shall forthwith notify the Director in writing of the name and address of the new owner of the vessel. (2) Any owner who contravenes subsection (1) commits an offence and is liable to a fine of $10000. Cap 313 s 23 Vessels not registered in Hong Kong, etc. Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 Where- (a) a vessel not registered in Hong Kong is stranded, abandoned or sunk in the waters of Hong Kong; or (b) a vessel not registered in Hong Kong which is stranded, abandoned or sunk near the coast of Hong Kong, or any part of such vessel or cargo or other thing belonging thereto, is brought into Hong Kong,and the owner or master of the vessel, or the owner of the cargo or other thing, as the case may be, is not in Hong Kong- (i) the consular officer of the country to which the vessel, or in the case of cargo or other thing to which its owner, may have belonged; or (ii) the consular officer of that country authorized in that behalf by any treaty or arrangement with that country,shall be deemed to be the agent of the owner of the vessel, cargo or other thing so far as relates to its custody and disposal. (Amended 23 of 1998 s. 2) Cap 313 s 24 Interpretation PART IV LICENSED VESSELS (1) In this Part, unless the context otherwise requires- "crew" (船员) means the master and any other person employed or engaged in any capacity on board a vessel on the business of the vessel; "dwelling vessel" (住家船只) means a vessel which- (a) is used, constructed or adapted principally for dwelling purposes; (b) tends to remain stationary in any area of the waters of Hong Kong; and (c) is not required to be licensed as a Class III vessel under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 281 sub. leg.); (Added 12 of 1983 s. 2)"licence" (牌照), in relation to any vessel to which this Part applies, means a licence granted under the regulations made under this Part; "local certificate of competency" (本地合格证书) means a certificate of competency issued under this Part; (Added 36 of 1986 s. 2) "master" (船长) means the person having for the time being command or charge of the vessel; but where there is no such person or the vessel is in command or charge of a person under the age of 16, the person whose name appears as the licensee in the licence granted in respect of that vessel shall be deemed to be the master thereof; "passenger" (乘客) means any person carried in a vessel other than the crew. (Amended 36 of 1986 s. 2) (2) For the purposes of paragraph (c) of the definition of "dwelling vessel" and of any proceedings in connection with a dwelling vessel, a certificate purporting to be signed by or on behalf of the Director that a vessel is not required to be licensed as a Class III vessel under the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 281 sub. leg.) shall be proof thereof unless the contrary be proved. (Added 12 of 1983 s. 2) Cap 313 s 25 Application Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 (1) Without prejudice to any other provision of this Ordinance, and subject to subsection (3) and section 35(3), this Part applies to- (a) any vessel regularly employed in trading, or going, within river trade limits; (b) any vessel employed in sea fishing; (c) any vessel possessed or used for pleasure purposes; (Amended 46 of 1981 s. 6) (d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hong Kong; and (e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation.(2) This Part shall apply to a vessel specified in subsection (1) whether the vessel is provided with a certificate of registry or a certificate of provisional registry granted under the Merchant Shipping (Registration) Ordinance (Cap 415), or with any document granted in a place outside Hong Kong and similar or equivalent in effect to any such certificate. (Amended 23 of 1998 s. 2) (3) This Part shall not apply to- (a) any trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies; (b) any vessel which is for the time being used for any purpose by Her Majesty's Government, the Hong Kong Government or any State; (c) any vessel authorized by virtue of a Passenger and Safety Certificate to carry passengers within river trade limits; and (d) any vessel referred to in subsection (1)(c) that has never been launched. (Added 46 of 1981 s. 6) Cap 313 s 26 Licensing of vessels (1) Subject to section 35, every vessel to which this Part applies shall be licensed in accordance with the regulations made under this Part. (2) If subsection (1) is contravened, the owner and the master commit an offence and each of them is liable to a fine of $20000 and to imprisonment for 1 year. (Amended 46 of 1981 s. 7) (3) Without prejudice to the liability for an offence under this section, the Director may, in the case of- (a) a vessel which is not licensed, require the owner of the vessel to pay, in addition to the prescribed licence fee for the issue of a licence, the prescribed licence fees which would have become payable if the vessel had been licensed from the date the vessel has been without a licence in contravention of this section; (Amended 46 of 1981 s. 7) (b) a vessel the licence of which is not renewed from the date of expiry of the previous licence, require the owner of the vessel to pay, in addition to the prescribed licence fee for the renewal of the licence, the prescribed licence fees which would have become payable if the licence had been renewed from the date of expiry of the previous licence.(4) The owner of a vessel may be required to pay the additional licence fees payable under subsection (3) in respect of a period prior to the issue or renewal of a licence whether or not he was the owner of the vessel during that entire period. (5) The additional licence fees under subsection (3) shall not be payable in respect of- (a) any continuous period exceeding 6 months during which the vessel has not been in use if the owner of the vessel produces evidence to that effect to the satisfaction of the Director; or (b) any period during which the licence of the vessel was terminated by notice to the Director. Cap 313 s 27 Offences in relation to the carrying of passengers (1) No unlicensed vessel shall carry any passenger. (2) No licensed vessel shall carry any passenger unless the conditions of its licence permit the carriage of passengers. (3) No licensed vessel shall carry more passengers and crew than may lawfully be carried under the conditions of its licence. (4) If without reasonable excuse subsection (1) or (2) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $50000 and to imprisonment for 2 years, and to an additional fine of $5000 in respect of each passenger carried on the vessel in contravention of the subsection. (5) If without reasonable excuse subsection (3) is contravened, the owner or his agent and the master commit an offence and each of them is liable to a fine of $20000 and to imprisonment for 1 year, and to an additional fine of $2000 in respect of each person carried in excess of the number that may lawfully be carried. Cap 313 s 28 Offences in respect of vessels (1) Any person who places on any safety valve of a vessel a pressure greater than that allowed under the conditions of its licence, or would have been allowed if the vessel had been licensed, commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. (2) Any owner or master of a vessel who permits the vessel to operate while in an unseaworthy or unsafe condition, whether by reason of overloading or from any other cause whatsoever, commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. (3) Without prejudice to any other penalty, the owner or master who commits a breach of any condition of the licence commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 29 Local certificates of competency for persons employed as masters, etc. (1) The Director shall cause examinations to be conducted for the grant of local certificates of competency required to be held by persons employed as masters or deck or engineering crew on vessels, and shall appoint examiners for that purpose. (Amended 36 of 1986 s. 3) (2) The Director may make rules prescribing or providing for- (a) the issue by the Director of local certificates of competency and the method of granting such certificates; (b) the classes and grades of local certificates of competency and the endorsements appropriate to each class and grade; (c) the combining of two or more classes or grades of local certificate of competency in one document if appropriate; (d) the addition or removal of endorsements on local certificates of competency; (e) the recognition of one type of local certificate of competency as equivalent to another type of local certificate of competency for all or specified purposes; (f) the procedure for applying for a local certificate of competency and for the conduct of examinations under subsection (1); (g) the subjects to be taken at such examinations or the manner in which those subjects are to be specified; (h) the standards of competency to be attained by candidates in order to pass such examinations and other conditions to be satisfied by candidates, and applicants for a local certificate of competency; (i) the requirements to be satisfied for a person to be exempted under subsection (5) from any part of such an examination; (j) the requirements to be satisfied for the grant of a local certificate of competency under subsection (4); (k) the recognition of certificates of competency issued by the Director under any enactment or by the appropriate authority of another country as equivalent, for all purposes or for purposes specified by the Director, to local certificates of competency required to be held by any person under this Part; (l) the issue of a copy of any local certificate of competency which has been lost, destroyed, damaged or defaced; (m) the surrender of local certificates of competency upon their expiry or replacement; (n) fees and forms, in relation to examinations conducted under subsection (1), the issue of local certificates of competency and recognition of certificates of competency as equivalent to local certificates of competency; (o) generally, provisions in respect of local certificates of competency. (Replaced 36 of 1986 s. 3)(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of such charge as the Director may determine, provide a copy of the rules to any person. (4) The Director may grant a local certificate of competency as a master or deck or engineering crew to a person without requiring him to undergo the appropriate examination prescribed in the rules made under subsection (2), if the person produces to the Director suitable documentary evidence, or satisfies the Director in a manner prescribed in the rules, of his competence for the grant of such a certificate. (Replaced 36 of 1986 s. 3) (5) Without prejudice to subsection (4), the Director may exempt a person from undergoing any part of the appropriate examination for the grant of a local certificate of competency prescribed in the rules made under subsection (2), if the person satisfies the Director in a manner prescribed in the rules that he is qualified for such exemption. (Added 36 of 1986 s. 3) (6) Rules made under subsection (2) may direct that no local certificate of competency shall be granted to any person unless- (a) he has reached such minimum age as may be prescribed; and (b) he has obtained such experience or performed such service on such type of vessel as may be prescribed. (Added 36 of 1986 s. 3)(7) Rules made under subsection (2) may direct that a local certificate of competency shall expire upon the holder's attaining such age as may be prescribed but that it may thereafter be extended for such periods and in such manner as may be prescribed. (Added 36 of 1986 s. 3) Cap 313 s 30 Cancellation or suspension of local certificates of competency on grounds of incompetency, etc. Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Director may cancel, or suspend for any period, any local certificate of competency, if it is proved to his satisfaction after due inquiry that the holder of the certificate has been guilty of incompetence, misconduct or negligence in the performance of his duties. (Amended 36 of 1986 s. 4) (2) A person aggrieved by a decision of the Director under subsection (1) may, within 14 days after being informed of the decision, by notice in writing delivered to the Registrar of the High Court, appeal to such judge, District Judge, or magistrate as the Chief Justice may nominate; and on hearing the appeal the judge, District Judge, or magistrate may make such order confirming, varying, or setting aside the decision of the Director as he considers just. (Amended 25 of 1998 s. 2) (3) A copy of the notice of appeal delivered under subsection (2) shall be served on the Director who shall be entitled to be heard as respondent at the hearing of the appeal. Cap 313 s 31 Offences relating to local certificates of competency (1) Any person who- (a) makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other person, a local certificate of competency; (b) fraudulently uses a local certificate of competency or copy of a local certificate of competency which has been forged, altered, cancelled or suspended or to which he is not entitled; or (c) fraudulently lends his local certificate of competency or allows it to be used by any other person,commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (2) Where a person is convicted of an offence under subsection (1) the Director may cancel, or suspend for any period, the local certificate of competency in respect of which the offence is committed. (Amended 36 of 1986 s. 5) Cap 313 s 32 Surrender of local certificates of competency If, on the cancellation or suspension of a local certificate of competency under section 30 or 31, the holder of the certificate, or any person in possession of it, without reasonable excuse fails to deliver it to the Director on being required by him to do so, he commits an offence and is liable to a fine of $5000. (Amended 36 of 1986 s. 6) Cap 313 s 33 Regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Without prejudice to the power to make regulations under section 80, and without prejudice to the application of regulations made under that section (except so far as they are inconsistent with regulations made under this section), the Chief Executive in Council may make regulations in respect of vessels to which this Part applies for all or any of the following matters- (Amended 64 of 1999 s. 3) (a) the regulation, control and use of vessels; (b) the licensing of vessels and the renewal of licences, and in the case of vessels that have, contrary to the regulations made under this section, not been licensed for any period, for the payment of licence fees or penalty in respect of the period during which the vessels were not licensed; (c) the cancellation or suspension of licences; (ca) empowering an authorized officer to seize and remove or cause to be removed from any place or premises or from any part of the waters of Hong Kong and to detain vessels, without notice to the owners thereof, which he has reason to believe are not licensed in accordance with regulations made under this section, together with any things on board and any trailer or other device whereby such vessels are transported; (Added 46 of 1981 s. 8) (cb) the disposal by way of sale or otherwise of unclaimed vessels or things which have been seized, removed and detained pursuant to regulations made under this section and the payment of the proceeds, if any, of any such disposal into the general revenue of Hong Kong; (Added 46 of 1981 s. 8) (d) the design and construction of vessels, the equipment required to be carried on board vessels and matters incidental thereto; (e) the accommodation for passengers and crew, and means for their safety and escape; (f) the life-saving appliances and fire-fighting apparatus to be provided on vessels, and the training of the crew in the use of such appliances or apparatus; (g) the survey or inspection of vessels and the issue (and cancellation) of certificates of survey or inspection; (h) the classification of vessels; (i) (Repealed 57 of 1990 s. 5) (j) the employment on vessels of a master and deck and engineering crew who possess local certificates of competency or certificates of competency recognized as equivalent to local certificates of competency by rules made under this Part; (Amended 36 of 1986 s. 7) (k) the number and grade of crew to be employed on vessels; (l) the engagement and discharge of crew, their conditions of employment, and their hours of work and rest periods; (m) the duties of owners and crew; (n) regulating the noise, vibration and smoke which may be caused by vessels; (o) regulating the hiring of vessels, the carriage of passengers and the plying limits; (p) empowering the Director to provide anchorages and mooring areas for vessels, and to control and regulate their use; (q) the use of piers and the embarkation and disembarkation of persons; (r) the inquiry into charges of incompetency, misconduct or negligence of or by masters or deck or engineering crew and prescribing the procedure at such inquiries; (s) the registration of persons dwelling in any specified type or class of vessels; (t) the fees and charges payable under the regulations; (u) empowering the Director to amend any Schedule to the regulations; (v) generally for the better carrying out of the provisions and purposes of this Part.(1A) Regulations made under this section for the regulation, control, use and licensing of dwelling vessels may- (a) empower the Director to declare any area of the waters of Hong Kong to be an area closed to dwelling vessels and within which no dwelling vessel may enter or remain; (Amended 4 of 1995 s. 3) (b) empower the Director to- (i) order the removal, within such time as may be prescribed, of any dwelling vessel from any part of the waters of Hong Kong being an area in respect of which a licence is required or being an area declared to be closed to dwelling vessels; (ii) seize, remove and detain any dwelling vessel in respect of which an order for removal has been made and not complied with; (iii) remove any person or property found on any dwelling vessel that has been seized and detained; (iv) sell, by public auction or otherwise, any dwelling vessel which has been seized and detained; (v) destroy or otherwise dispose of any vessel that has been seized and detained and which he is unable to sell; (vi) pay any proceeds of sale of a dwelling vessel to the owner thereof, if known, or if the owner is not known or does not claim such proceeds, pay the same into general revenue;(c) provide for the seizure and disposal of any property found on a dwelling vessel which has been seized and detained and, in particular, may provide that any such property shall become the property of the Government free from the rights of any person and may be disposed of as the Director thinks fit; (Amended 64 of 1999 s. 3) (d) provide for the service of an order to remove a dwelling vessel from any part of the waters of Hong Kong by affixing such order to a prominent part of the vessel. (Added 12 of 1983 s. 3)(2) Any regulations made under this section may provide that a contravention of specified provisions thereof is an offence and may prescribe penalties therefor not exceeding a fine of $20000 and imprisonment for 1 year. Cap 313 s 34 Recovery of penalty by sale of vessels Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Where an owner or master of a vessel who is convicted of an offence under this Part or under regulations made under section 33 fails to pay any fine imposed in respect of the offence, the Director may sell the vessel in respect of which the offence was committed and apply the proceeds in payment of the fine, and the balance (if any), after deducting any reasonable expense incurred in the sale, shall be paid to the owner of the vessel if claimed within 6 months after the date of the sale or forfeited to the Government if not claimed within that period. (Amended 64 of 1999 s. 3) (2) Not less than 14 days before a vessel is sold under subsection (1), the Director shall give to the owner of the vessel notice in writing of the intended sale, but notice under this subsection shall not be necessary where there is no such owner or the Director is unable to find the owner. (3) Any vessel sold under this section shall be transferred to the purchaser thereof, at the expense of the purchaser, by a bill of sale from the Director which shall confer upon such purchaser an absolute title to such vessel. Cap 313 s 35 Saving of certain regulations Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) For the avoidance of doubt, it is hereby declared that, notwithstanding the repeal of Parts XIII and XIV of the Merchant Shipping Ordinance (Cap 281), the following regulations (hereinafter referred to as the specified regulations)- (a) the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 281 sub. leg.); (b) the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 281 sub. leg.); and (c) the Merchant Shipping (Pleasure Vessels) Regulations (Cap 281 sub. leg.),shall, save in so far as they are inconsistent with any of the provisions of this Ordinance or any regulations made thereunder, continue in operation until such time as they are replaced by regulations made under section 33 which are expressed to be in substitution of the specified regulations, and shall be deemed for all purposes to have been made under section 33 and to be liable to amendment thereby or thereunder. (2) The Chief Executive in Council may by regulation amend those provisions of the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) which relate to launches, ferry vessels, miscellaneous craft and pleasure vessels. (Amended 64 of 1999 s. 3) (3) For the purposes of this section, the vessels to which this Part applies include launches, ferry vessels, miscellaneous craft and pleasure vessels to which the specified regulations apply. Cap 313 s 36 Interpretation PART V WORKS (Amended 70 of 1999 s. 6) In this Part, unless the context otherwise requires- "approved code" (《守则》) means a code of practice issued under section 44A; (Added 70 of 1999 s. 7) "crane" (起重机) means any appliance equipped with mechanical means of hoisting and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of the appliance; but does not include- (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyer whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; (Added 70 of 1999 s. 7)"inspector" (督察) means a person appointed under section 38 to be an inspector; "lifting appliance" (起重装置) means a crane, winch, hoist, derrick boom, sheer legs, excavator, pile driver, pile extractor, fork lift truck or other self-propelled machine, and any other description of lifting appliance, derrick and mast bands, goose-necks, eyebolts, and all other permanent attachments to a derrick, mast or deck, used on a vessel for the purposes of hoisting or lowering in connection with works; (Amended 70 of 1999 s. 7) "lifting gear" (起重工具) includes a chain sling, rope sling, canvas sling, net, tray, board, box, bull rope, snotter, can hook or other means of supporting cargo and attachments thereto including a ring, link, hook, plate, clamp, shackle, swivel, eyebolt, bridle, beam, spreader, rope and wire, used on a vessel in connection with works; (Amended 70 of 1999 s. 7) "machinery, equipment or appliance" (机械、装备或装置), in the case of- (a) repairs to a vessel, means any machinery, equipment or appliance provided or used for that purpose; (b) the breaking up of a vessel, means any machinery, equipment or appliance provided or used for that purpose; (Amended 70 of 1999 s. 7) (c) cargo handling, means any lifting appliance or lifting gear provided or used for that purpose; and (Amended 70 of 1999 s. 7) (d) marine construction, means any machinery, equipment or appliance provided or used for that purpose; (Added 70 of 1999 s. 7)"marine construction" (海上建造工程) means any construction or reclamation works, including dredging, drilling, pipe laying, buoy laying, cable laying and caisson construction, in which vessels are used; (Added 70 of 1999 s. 7) "person in charge of works" (工程负责人) means- (a) the owner or master of, or other person having control over, the vessel on, to or by means of which any works are to be, or are being, carried out; (Amended 70 of 1999 s. 7) (b) a principal contractor or sub-contractor, if any, who contracts to carry out, or who carries out, any works; or (Amended 70 of 1999 s. 7) (c) any other person having for the time being in command or charge of any works being carried out on, to or by means of a vessel; (Added 70 of 1999 s. 7)"principal contractor" (总承判商) means a person who enters into a contract directly with the owner or master of, or other person having control over, the vessel to carry out any works; "repairs" (修理), in relation to- (a) any vessel, means any repairs, alterations or maintenance works on or to the vessel carried out by any person other than a member of the crew or master of the vessel or that involve or are likely to involve the safety of any person other than a member of the crew or the master; and (b) any vessel carrying dangerous goods, means any repairs, alterations or maintenance works on or to the vessel capable of providing an ignition source, including those that involve welding, burning or the use of blow lamps, braziers or other devices using combustible materials;"sub-contractor" (次承判商) means- (a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the works which the principal contractor has contracted to perform; and (b) any other person who enters into a contract, express or implied, to perform all or any part of the works which a sub-contractor within the meaning of paragraph (a) has contracted to perform;"works" (工程) means- (a) repairs to any vessel; (b) the breaking up of a vessel; (Amended 70 of 1999 s. 7) (c) cargo handling on a vessel; or (Amended 70 of 1999 s. 7) (d) marine construction. (Added 70 of 1999 s. 7) Cap 313 s 37 Application (1) This Part shall not apply to repairs to, or the breaking up of, a vessel which is-(Amended 70 of 1999 s. 8) (a) (Repealed 70 of 1999 s. 8); (b) in a dock other than a floating dock; or (c) on a slip or mechanical lift.(2) (Repealed 70 of 1999 s. 8) Cap 313 s 38 Appointment of inspectors The Director shall appoint such persons as he thinks fit to be inspectors for the purposes of this Part. Cap 313 s 39 Powers of Directors and inspectors (1) The Director and an inspector shall have power- (a) at any reasonable time (or, in a situation which in the opinion of the Director or an inspector is or may be dangerous, at any time) to board any vessel within the waters of Hong Kong which he has reason to believe it is necessary to board for the purposes of this Part, and for the purpose of boarding any such vessel which is floating alongside any premises at a seawall or pier, to enter such premises; (b) to take with him such persons as may be necessary to assist him in the exercise of his powers, or performance of his duties, under this Part; (c) to inspect and examine any vessel on or to which any works are being carried out; (d) to make such examination and inquiry as may be necessary to ascertain that safe working conditions obtain and that the provisions of this Part are complied with; (e) to investigate any accident involving any works or injury to any person arising out of or in the course of carrying out any works; (f) to require the production of any register, certificate or other document required to be kept in pursuance of this Part and to inspect and copy any of them or any entry in them; and (g) to require the posting of any notice in pursuance of this Part or any notice related to works, machinery, equipment or appliances, or the safety of persons employed in carrying out any works.(2) An owner or master of, or other person having control over, a vessel shall furnish such safe means required by the Director or an inspector as are necessary for the purposes of boarding, inspection, examination, investigation, or otherwise for the exercise of his powers under this Part. (3) Any person who- (a) without reasonable excuse fails to comply with any requirement of the Director or an inspector in pursuance of this section; (b) without reasonable excuse fails to produce any register, certificate or other document which he is required in pursuance of this Part to produce; (c) without reasonable excuse withholds any information as to who is the owner or master of, or person having control over, the vessel, or the owner of any machinery, equipment or appliance provided or used for the carrying out of any works,commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 40 Restriction on carrying out repairs or breaking up of vessels (1) Subject to subsections (1A) and (2), no owner or master of, or other person having control over, a vessel shall, except with the written permission of the Director, carry out, or cause to be carried out, any repairs to, or break up, the vessel. (Amended 70 of 1999 s. 10) (1A) Subsections (1) does not apply to any vessels of 50 metres or less in length unless the Director gives written notification to the person in charge of works that subsection (1) applies to that vessel. (Added 70 of 1999 s. 10) (2) The Director may by notice in the Gazette specify any type of repairs to a vessel in respect of which permission under subsection (1) is not required. (3) Any person who without reasonable excuse contravenes subsection (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years. Cap 313 s 41 Safe atmosphere (1) Where a vessel is being repaired or broken up, the person in charge of works shall not- (a) provide or use, or cause to be provided or used, any machinery, equipment or appliance that is capable of providing an ignition source; or (b) carry out, or cause to be carried out, any works that involve welding or burning, the use of blow lamps, braziers or other devices using combustible materials,in an atmosphere containing flammable vapours, flammable gases or explosive dusts. (2) A person in charge of works who contravenes subsection (1) commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. Cap 313 s 42 Directions regarding repairs or breaking up of vessels (1) The Director may direct any person who, in the opinion of the Director, is the owner or master of a vessel, or who claims or appears to the Director to exercise control over a vessel, that is to be repaired or broken up or is being repaired or broken up, or who is in charge of the repairs or the breaking up of a vessel- (a) to remove the vessel to a position or place within the waters of Hong Kong specified by the Director; (b) to comply with such safety requirements as may be specified by the Director generally or in any particular case; (c) to comply with any other requirements which may be specified by the Director in respect of the manner in which the vessel may be repaired or broken up; (d) in the case
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