A 140

Ord. No. 47/79 MERCHANT SHIPPING (AMENDMENT) (NO. 2)

than direction finders, as may be specified in regulations and prescribing requirements which such navigational aids are to comply with;

(b) prescribing requirements which radio navigational aids, other than direction finders and other than such as are provided in pursuance of regulations made under paragraph (a), are to comply with when carried in ships to which this section applies;

(c) prescribing requirements which apparatus designed for the purpose of transmitting or reflecting signals to or from radio navigational aids is to comply with if it is apparatus in the Colony or apparatus off the shores of the Colony but maintained from the Colony,

and the requirements prescribed under paragraph (a) or (b) may include requirements relating to the position and method of fitting of the radio navigational aids.

(2) This section applies to-

(a) sea-going ships registered in Hong Kong; and

(b) other sea-going ships while they are in any port

in the Colony.

(3) If a ship to which this section applies proceeds, or attempts to proceed, to sea without carrying such navigational aids as it is required to carry by regulations made under subsection (1) or carrying radio navigational aids not com- plying with such regulations, the owner or master of the ship shall be guilty of an offence and shall be liable on conviction to a fine of $2000.

(4) If any person establishes or operates any such apparatus as is mentioned in subsection (1)(c) and the ap- paratus does not comply with regulations made thereunder, he shall be guilty of an offence and shall be liable on conviction to a fine of $2 000.

(5) For the purposes of this section and without pre- judice to the generality of the powers contained in this section, the rules relating to radio navigational aids made from time to time under the Merchant Shipping Acts shall, unless varied by or repugnant to the regulations made under this section, be deemed to be regulations made under this section.

(6) In this section, "radio navigational aid” means radio apparatus on board a ship being apparatus designed for the purposes of determining the position or direction of ships or other objects.".

Passed by the Hong Kong Legislative Council this 4th day of July, 1979.

STEPHEN S. P. Tam,

Clerk to the Legislative Council.

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