| Remarks: not yet in operation (Cap 548, section 89) [ ] (L.N. 28 of 2004) Cap 548E s 1 Commencement Remarks: not yet in operation This Regulation shall come into operation on a day to be appointed by the Secretary for Economic Development and Labour by notice published in the Gazette. Cap 548E s 2 Interpretation Remarks: not yet in operation In this Regulation, unless the context otherwise requires— "endorsement" (批注), in the context of endorsement on an operating licence or a permit, includes endorsement on any other documents issued by the Director in a legible form to replace the licence or permit; "length overall" (总长度), in relation to a local vessel, means the distance between the foreside of the foremost fixed permanent structure and the aftside of the aftermost fixed permanent structure of the vessel; "passage area" (通航区) means the area of the waters within the limits of a typhoon shelter set aside by the Director as a passage area under section 3; "typhoon shelter" (避风塘) means a typhoon shelter specified in column 2 of the Schedule. Cap 548E s 3 Passage areas in typhoon shelters Remarks: not yet in operation (1) Subject to subsection (2), the Director may set aside any area of the waters within the limits of a typhoon shelter as a passage area for the passage of local vessels. (2) The Director shall, upon the setting aside of a passage area under subsection (1)— (a) prepare a plan of the typhoon shelter on which the passage area is shown coloured grey; (b) sign and date the plan; (c) keep such plan in his office; and (d) make available a copy of such plan for inspection by the public free of charge at his office during the hours when the office is normally open to the public. Cap 548E s 4 Use of typhoon shelters Remarks: not yet in operation (1) Subject to the provisions of this Regulation, a local vessel may enter and remain in a typhoon shelter. (2) Except with the permission of the Director, a local vessel shall not enter or remain in a typhoon shelter if the vessel has on board any substance or article specified in Category 1, 2 or 5 in the Schedule to the Dangerous Goods (Application and Exemption) Regulations (Cap 295 sub. leg. A). (3) For the purposes of subsection (2), the substance or article referred to in that subsection does not include any substance or article which— (a) forms part of the equipment, stores or fuel of the vessel concerned; and (b) is required for the operation of the vessel or for use by the vessel during its passage.(4) Except with the permission of the Director, a local vessel the length overall of which exceeds the permitted length overall specified in column 3 of the Schedule in relation to a typhoon shelter specified in column 2 of that Schedule opposite the reference to that permitted length overall shall not enter or remain in the typhoon shelter. (5) A dwelling vessel shall not enter or remain in a typhoon shelter except in accordance with the Merchant Shipping (Local Vessels)(Dwelling Vessels) Regulation (Cap 548 sub. leg. A) and with the conditions specified in the licence which is in force in respect of the vessel under that Regulation. (6) If the Director is of the opinion that the presence of a local vessel in a typhoon shelter constitutes or is likely to constitute a hazard in the typhoon shelter owing to the size or design of the vessel, the Director may prohibit the vessel from entering or remaining in the typhoon shelter by— (a) endorsement on its operating licence; (b) endorsement on its permit which is in force under regulations made under section 89(2) of the Ordinance; or (c) a direction.(7) If the Director is of the opinion that the presence of a local vessel in a typhoon shelter constitutes or is likely to constitute a hazard in the typhoon shelter owing to the number of vessels in the typhoon shelter, the Director may by a direction prohibit the vessel from entering or remaining in the typhoon shelter. (8) The Director may by a direction prohibit a local vessel, which apart from this subsection could enter and remain in a typhoon shelter, from entering or remaining in the typhoon shelter if— (a) the presence of the vessel in the typhoon shelter endangers or is likely to endanger the safety of persons, other vessels or property; (b) the vessel is in such a condition that it poses a hazard to the environment; or (c) in any other case, it is in the public interest to do so.(9) An endorsement made or a direction given under subsection (6), (7) or (8) in respect of a local vessel may apply to the vessel in relation to a particular typhoon shelter or to any number of typhoon shelters generally. Cap 548E s 5 Transitional arrangement in relation to certain local vessels Remarks: not yet in operation (1) Where— (a) in respect of a local vessel a previous licence issued under the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap 313 sub. leg. E) or the Merchant Shipping (Miscellaneous Craft) Regulations (Cap 313 sub. leg. F) is in force immediately before the commencement of this Regulation; and |
