| (Cap 313, section 33) [13 April 1983] (L.N. 132 of 1983) Cap 313C reg 1 Citation These regulations may be cited as the Shipping and Port Control (Dwelling Vessels) Regulations. Cap 313C reg 2 Interpretation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 In these regulations, unless the context otherwise requires- "closed area" (禁区) means an area of the waters of Hong Kong declared under regulation 16 to be closed to dwelling vessels; (64 of 1999 s. 3) "licence" (牌照) means a licence issued under regulation 3; "licensee" (持牌人) means a person to whom a licence is issued and a person to whom a licence is transferred under regulation 8; "prescribed area" (订明范围) means an area of the waters of Hong Kong specified in the First Schedule. Cap 313C reg 3 Licensing of dwelling vessels (1) The Director shall, subject to such conditions as he thinks fit, issue a licence in respect of a dwelling vessel in a prescribed area to a person normally dwelling thereon if he is satisfied that such dwelling vessel was in such prescribed area at the commencement of these regulations or at the time such area was prescribed, as the case may be. (2) No person shall use any vessel as a dwelling vessel in a prescribed area, and no dwelling vessel shall enter or remain in a prescribed area,- (a) without a licence; and (b) except in accordance with these regulations and the conditions endorsed on the licence issued in respect of that vessel.(3) A licence may be issued or renewed for a period not exceeding 12 months. (4) Unless renewed a licence shall, on expiry, be surrendered to the Director. (5) No fee shall be payable in respect of the issue or renewal of a licence. (6) A licence shall be in the form set out in the Second Schedule. (7) (a) Any person who, without reasonable cause, uses a dwelling vessel in a prescribed area, or permits a dwelling vessel to enter or remain in a prescribed area, in contravention of paragraph (2) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (b) If a dwelling vessel is in a prescribed area in contravention of paragraph (2) the person in control of that vessel commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months.(8) The Director may, at any time, make such amendments or additions to the conditions endorsed on a licence as appear to him to be necessary or advisable in the interests of safety and discipline and may call for the delivery to him of a licence for such amendments or additions to be endorsed thereon. (9) Any person who, without reasonable cause, fails to deliver a licence to the Director for amendment or endorsement under paragraph (8) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 4 Application for licence (1) An application for the issue of a licence shall be made to the Director in a form specified by the Director and the applicant shall state in his application- (a) his name, age, occupation, identity card number and postal address, and, if he is not the owner of the dwelling vessel, the name and postal address of the owner thereof, and (b) the name, age, occupation and the number of the identity card, if any, of every person normally dwelling on the vessel at the time of the application, and his relationship to the applicant.(2) An application for the renewal of a licence shall be made to the Director in a form specified by the Director and shall give such particulars regarding the applicant, the owner and every person normally dwelling on the vessel at the time of the application as the Director may require. Cap 313C reg 5 Director to maintain register The Director shall maintain a register wherein shall be recorded- (a) particulars of every licensed dwelling vessel and of the licensee and owner thereof; (b) particulars of all persons normally dwelling on the vessel at the time application for a licence is made under regulation 4(1); and (c) particulars of the permitted mooring place of every licensed dwelling vessel. Cap 313C reg 6 Owner to notify Director of change in ownership (1) If there is any change in the ownership of a licensed dwelling vessel, the new owner shall, within 72 hours of such change, notify the Director thereof in a form specified by the Director and deliver the licence to him for amendment. (2) On receipt of a notification of a change of ownership under paragraph (1) the Director shall cause the particulars of the change to be noted- (a) on the licence free of charge; and (b) in the register maintained by him under regulation 5.(3) Any person who, without reasonable cause, contravenes paragraph (1) commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. Cap 313C reg 7 Painting of licence numbers and other particulars on vessel (1) The licence number endorsed on the licence issued in respect of a dwelling vessel and such other particulars of the licence as the Director shall specify shall be painted on every licensed dwelling vessel. |
