| Remarks: not yet in operation (Cap 548, section 89) [ ] (L.N. 158 of 2001) Cap 548A s 1 Commencement Remarks: not yet in operation This Regulation shall come into operation on the day appointed for the commencement of the Merchant Shipping (Local Vessels) Ordinance (Cap 548). Cap 548A s 2 Interpretation Remarks: not yet in operation In this Regulation, unless the context otherwise requires- "closed area" (禁区) means an area of the waters of Hong Kong specified in Schedule 1; "licence" (牌照) means- (a) a licence issued under the repealed Regulations and in force immediately before the commencement of this Regulation; or (b) a licence issued under this Regulation;"licensed dwelling vessel" (已领牌住家船只) means a dwelling vessel in respect of which a licence has been issued and is for the time being in force, and "unlicensed dwelling vessel" (未领牌住家船只) shall be construed accordingly; "licensee" (持牌人) means- (a) a person to whom a licence for the time being in force is issued; or (b) a person to whom a licence for the time being in force is transferred under section 7;"period of validity" (有效期), in relation to a licence, means the period from the date of issue of the licence up to and including the date of expiry of the licence, both dates as specified in the licence; "prescribed area" (订明范围) means an area of the waters of Hong Kong specified in Schedule 2; "repealed Regulations" (已废除规例) means the Shipping and Port Control (Dwelling Vessels) Regulations (Cap 313 sub. leg.). Cap 548A s 3 Licensing of dwelling vessels Remarks: not yet in operation (1) A licence issued under the repealed Regulations and in force immediately before the commencement of this Regulation shall, subject to the provisions of this Regulation, continue in force until the expiry of its period of validity. (2) No person shall use a vessel as a dwelling vessel in a prescribed area, or cause or permit a dwelling vessel to enter or remain in a prescribed area, unless— (a) a licence has been issued in respect of the vessel and is for the time being in force; and (b) the provisions of this Regulation and the conditions specified in the licence are complied with.(3) A person who, without reasonable excuse, contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (4) If an unlicensed dwelling vessel enters or remains in a prescribed area, or if a licensed dwelling vessel enters or remains in a prescribed area in contravention of any provision of this Regulation or any condition specified in the licence issued in respect of the vessel for the time being in force, the person in control of the vessel commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (5) The Director may, on the issue of a licence under section 4(3)(a) pursuant to an application for renewal or under section 7(6)(a) pursuant to an application for transfer, specify in the licence such conditions as he considers necessary or desirable in the interests of safety or discipline. (6) The Director may, at any time while a licence is in force, make such amendments or additions to the conditions specified in the licence as he considers necessary or desirable in the interests of safety or discipline and request that the licence be delivered to him for amendments or additions to be made under this subsection. (7) A person who, without reasonable excuse, fails to comply with a request made by the Director under subsection (6) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. Cap 548A s 4 Renewal of licences Remarks: not yet in operation (1) The licensee of a licensed dwelling vessel may, at any time during the period of 3 months immediately before the expiry of the period of validity of the licence issued in respect of the vessel, apply for the licence to be renewed. (2) An application for the renewal of a licence shall be made to the Director in a form specified by him, and shall give such particulars regarding the applicant, the owner of the vessel in respect of which the licence is issued, and every person normally dwelling on the vessel at the time of the making of the application, as the Director may require. (3) The Director may determine an application for the renewal of a licence made under subsection (1)- (a) by issuing a licence to the applicant in accordance with subsection (5); or (b) by refusing to renew the licence.(4) If an application for the renewal of a licence is made under subsection (1) and the period of validity of the licence expires before the determination of the application, the licence shall continue in force until the determination of the application, the withdrawal of the application or the cancellation of the licence under section 8, whichever occurs first. (5) A licence issued under subsection (3)(a)- |
