CAP. 313]

Shipping and Port Control

[1986 Ed.

1

Licensing of vessels.

(3) This Part shall not apply to-

(a) any trawler to which Part XII of the Merchant Shipping Ordinance applies;

(b) any vessel which is for the time being used for any purpose by Her Majesty's Government, the Hong Kong Government or any State;

(c) any vessel authorized by virtue of a Passenger and Safety Certificate to carry passengers within river trade limits; and

(d) any vessel referred to in subsection (1)(c) that has never been launched. (Added, 46 of 1981, s. 6)

26. (1) Subject to section 35, every vessel to which this Part applies shall be licensed in accordance with the regulations made under this Part.

(2) If subsection (1) is contravened, the owner and the master commit an offence and each of them is liable to a fine of $20,000 and to imprisonment for 1 year. (Amended, 46 of 1981, s. 7)

(3) Without prejudice to the liability for an offence under this section, the Director may, in the case of

(a) a vessel which is not licensed, require the owner of the vessel to pay, in addition to the prescribed licence fee for the issue of a licence, the prescribed licence fees which would have become payable if the vessel had been licensed from the date the vessel has been without a licence in contravention of this section; (Amended, 46 of 1981, s. 7)

(b) a vessel the licence of which is not renewed from the date of expiry of the previous licence, require the owner of the vessel to pay, in addition to the prescribed licence fee for the renewal of the licence, the prescribed licence fees which would have become payable if the licence had been renewed from the date of expiry of the previous licence.

(4) The owner of a vessel may be required to pay the additional licence fees payable under subsection (3) in respect of a period prior to the issue or renewal of a licence whether or not he was the owner of the vessel during that entire period.

(5) The additional licence fees under subsection (3) shall not be payable in respect of

(a) any continuous period exceeding 6 months during which the vessel has not been in use if the owner of the vessel produces evidence to that effect to the satisfaction of the Director; or

(b) any period during which the licence of the vessel was terminated by notice to the Director.

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