| (Cap 313, section 35(1))* [12 November 1965] L.N. 144 of 1965 (L.N. 88 of 1965) ___________________________________________________________________ Note: * These regulations were made under the repealed section 97 of the Merchant Shipping Ordinance (Cap 281, 1974 R. Ed.). See section 119(1) of the Merchant Shipping Ordinance (Cap 281) and section 35(1) of the Shipping and Port (Control) Ordinance (Cap 313). Cap 313E reg 1 Citation PART I CITATION, APPLICATION AND INTERPRETATION These regulations may be cited as the Merchant Shipping (Launches and Ferry Vessels) Regulations. Cap 313E reg 2 Application These regulations apply to launches not exceeding 300 tons, other than pleasure vessels within the meaning of the Merchant Shipping (Pleasure Vessels) Regulations (Cap 313 sub. leg.), and to ferry vessels of any tonnage. (L.N. 11 of 1970) Cap 313E reg 3 Interpretation In these regulations, unless the context otherwise requires- "certificate of survey" (验船证明书) means a certificate of survey issued by a Government surveyor for the purpose of these regulations; "existing vessel" (现有船只) means any vessel which is not a new vessel and "existing launch" (现有小轮), "existing ferry vessel" (现有渡轮船只) and "existing open boat" (现有开敞船艇) shall be construed accordingly; (L.N. 577 of 1994) "fee" (费用) means the appropriate fee, if any, prescribed in the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg.); "ferry vessel" (渡轮船只) means any steam or motor vessel which plies regularly for the conveyance of persons and things between 2 or more points within the waters of Hong Kong; (76 of 1978 s. 81; L.N. 163 of 1992) "launch" (小轮) means any mechanically propelled vessel of European type not exceeding 300 tons which is designed or used for - (a) the conveyance of persons or things; (b) towing or pushing; or (c) any other purpose,and does not carry passengers beyond the waters of Hong Kong; (76 of 1978 s. 81) "local certificate of competency" (本地合格证书) means a certificate of competency issued in accordance with regulation 18; "new vessel" (新船只) means- (a) a vessel the keel of which is laid, or which is at a similar stage of construction; or (b) an existing vessel which is undergoing major modification; or (c) an existing vessel in respect of which an application for a local licence to carry passengers is made for the first time,on or after 1 January 1995; (L.N. 577 of 1994) "owner" (拥有人) includes charterer; (L.N. 272 of 1989) "passenger" (乘客) means any person carried in a vessel other than - (a) a person employed or engaged in any capacity on board the vessel on the business of the vessel; and (b) a child under the age of one year; (76 of 1978 s. 81)"prescribed" (订明) means prescribed by regulation. "the Specified Sheltered Waters" (指明遮蔽水域) means the waters specified in the First Schedule. (L.N. 577 of 1994) (L.N. 11 of 1970; L.N. 577 of 1994) Cap 313E reg 4 General provisions relating to licensing PART II LICENCES AND PERMITS (1) Subject to the provisions of these regulations, no person shall use or cause or permit to be used any launch or ferry vessel for any commercial purpose except under and in accordance with a valid licence issued in respect thereof pursuant to the provisions of these regulations: Provided that no launch or ferry vessel shall be deemed to be used for a commercial purpose by reason only that she is placed on a time charter. (2) No licence shall be issued or renewed under this Part except upon payment of the prescribed fee. (3) No licence shall be issued or renewed in respect of any launch or ferry vessel except upon production of a valid certificate of survey in respect thereof. (4) No licence shall be valid for any period exceeding 12 months from the date of issue or last renewal, as the case may be, or such lesser period, not being less than 6 months as the Director may determine. (5) (a) Every licence shall be issued subject to such conditions as the Director may think fit and such conditions shall be specified in the licence. (b) Every such licence may from time to time be renewed by endorsement on the licence. (L.N. 261 of 1998)(6) Any person who contravenes any of the provisions of paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 12 months. (L.N. 255 of 1974) Cap 313E reg 5 Lost, destroyed or defaced licences (1) If any licence or licence disc issued under this Part is lost, destroyed or defaced, the Director may, if satisfied as to the bona fides of such loss, destruction or defacement and upon payment of the prescribed fee, issue a duplicate licence or duplicate licence disc. (2) Every duplicate licence or duplicate licence disc issued pursuant to the provisions of paragraph (1) shall be clearly endorsed in a conspicuous place with the word "DUPLICATE". (L.N. 577 of 1994) Cap 313E reg 6 Issue of licences |
