Market change of ownership
abandoned er sunkeo YCBICJE,
Fatchta Vesel, el.
Interpretation.
10
(e) a reasonable period within which and the place at which a claim shall be submitted to the Director for the release of the vessel. cargo or other things on board.
(6) If a valid claim to a vessel, cargo or other things seized under subsection (3) is submitted at any time before a notice is published under subsection (3) or within the period specified in a notice published under that subsection, the Director shall, on payment to him of all expense involved in the seizure and custody of the vessel, cargo or other things, as the case may be, pelease the vessel, cargo or other things to the claimant,
(7) If the release of a vessel, cargo or other things is not obtained in pursuance of subsection (6), the Director may sell, or otherwise dispostE of in such manner as he thinks fit, the vessel, cargo or other things, as the case may be, and in the case of sale the proceeds, after deducting all expenses payable under subsection (6) and any reasonable expense incurted in the sale, shall be paid to the person making a valid claim thereto within one year after the date of sale or forfeited to the Crown if nel claimed within that period.
22. (1) Where the owner of a vessel which is stranded, abandoned or sunk in the waters of Hong Kong sells the vessel, or otherwise parta with the ownership of the vessel, he shall forthwith notify the Director in writing of the name and address of the new owner of the vessel.
(2) Aby owner who contravenes subsection (1) commits an offence and is liable to a fine of $10,000.
33. Where
(a) a foreign vessel is stranded, abandoned or sunk in the waters of
Hong Kong: or
(b) a foreign vessel which is stranded, abandoned or suck mear the coast of Hong Kong, or any part of such vessel or cargo or other thing belonging thereto, is brought into Hong Kong.
and the owner or master of the vessel, or the owner of the cargo or other thing, as the case may be, is not in Hong Kong-
(i) the consular officer of the country to which the vessel, or in the case of cargo or other thing to which its owner, may have belonged; or
(B) the consular officer of that country authorized in that behalf
by any treaty or arrangement with that country,
shall be deemed to be the agent of the owner of the vessel, cargo or other thing so far as relates to its custody and disposal.
PART IV
LICENSED VESSELS
24. In this Part, unless the context otherwise requires –— "certificate of competency" means a certificate of competency issued
under this Part;
"crew" means the master and any other person employed or engaged in
any capacity on board a vessel on the business of the vessel;
11
“"license", in relation to any verse) to which this Part applies, means a
licence granted under the regulations made under this Part;
"master" means the person having for the time being command or charge of the vessel; but where there is no such person or the vessel is în command or charge of a person under the age of 16, the person whose name appears as the licensee in the licence granted in respect of that vessel shall be deemed to be the master thereof;
"passenger" means any person carried in a vessel other than the crew,
15. (1) Without prejudice to any other provision of this Ordinance, Application. and subject to subsection (3) and section 35(3), this Part applies to-
(a) any vessel regularly employed in trading, or going, within river
trade limits;
(b) any vessel employed in sea fishing.
(c) any vessel used for pleasure purposes;
(d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hong Kong; and (e) any other description of vessel in the waters of Hong Kong not used to navigation or not constructed or adapted for use in navigation.
(2) This Part shall apply to a vessel specified in subsection (1) whether or not the vessel is provided with a certificate of registry or certificate of foreign registry for the purposes of the Merchant Shipping CH 201 Ordinance.
(3) This Part shall not apply to-
(a) any trawler to which Part XI of the Merchant Shipping
Ordinance applies;
(6) any vessel which is for the time being used for any purpose by Her Majesty's Government, the Hong Kong Government or any State; and
(c) any vessel authorized by virtue of a Passenger and Safety
Certificate to carry passengers within river made limits.
26 (1) Subject to section 35, every vessel to which this Part applies Licensing of shall be licensed in accordance with the regulations made under this Part. ee.
(2) If subsection (1) is contravened, the owner and the master com- mit an offence and each of them is liable to a fine of $10,000 and to imprisonment for 6 months.
(3) Without prejudice to the liability for an offence under this section, The Director may, in the case of-
(0) 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 vessci has been in use without a licence;
(b) a vessel the licence of which is not renewed from the date of expiry of the previous licence, require the owner of the vesicl 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 dale of expiry of the previous licence.