1953-HKRS29-8-20_Part02 — Page 12

(Cap. 1, rulea).

Breaking up and

removal of

reasela.

Foreign wrecks, etc.

201

44

to be sold after giving such notice as appears reasonable to the owner, consignee or any other person and out of the proceeds may reimburse the Governor for any expenses under this section and for any expenses adjudged by the Governor to be reasonable expenses for marking, buoying, watching, lighting or otherwise controlling the vessel and shall hold the surplus subject to any customs, duties or other charges on behalf of the persons entitled thereto.

(3) If any person shall be aggrieved at the exercise of the discretion of any person under this section he may appeal to the Governor in Council and the provisions of the Administrative Appeals Rules shall apply thereto.

71. (1) If any person being the owner of any vessel or any wrecked, submerged, sunken or stranded vessel, or the duly authorized agent or servant of such owner, is desirous of breaking up such vessel prior to removal thereof from the waters of the Colony, such person shall, before commencing breaking up operations, obtain the written permission of the Director who shall be entitled to grant permission and in his discretion to require security in such reasonable amount as the Director may consider necessary to ensure the effective removal of such vessel or any portion thereof from the waters of the Colony,.

(27A(1)

(2) Any person who, without the previous written permission of the Director, does or causes to be done any breaking up operations of any vessel or any wrecked, submerged, sunken or stranded vessel lying within the waters of the Colony shall be liable to a fine of three thousand dollars or to imprisonment for six months.

[27A(2)

72. Where a foreign ship has been wrecked on or near the coasts of the Colony and such ship or any part thereof or any article belonging thereto or belonging and forming part of the cargo are found on or near such coasts, or are brought into the Colony, the consul general of the country to which the ship or in the case of cargo to which the owners of the cargo may have belonged, or any consular officer of that country authorized in that behalf by any treaty or arrangement with that country, shall in the absence of the owner and of the master or other agent of the owner be deemed to be the agent of the owner so far as relates to the custody and disposal of such ship and of any such articles as aforesaid.

[278

45

72. (1) The Director shall place in the waters of the Colony Moorings such Government moorings and buoys as may in his discretion be sad buoys. required and shall allow the use thereof on such terms and condi- tions and for such fees as are prescribed by regulations. [28(1) Regula.

tions.

(2) No person shall keep or place moorings or buoys in the Table 4. waters of the Colony except with the sanction of the Director and except on the conditions prescribed by regulations. Such moorings and buoys shall be of such nature and construction as the Director may approve.

[28(2)

(3) No person shall moor or anchor hulks or vessels within the waters of the Colany except with the sanction of the Director and except on such conditions and subject to the payment of such fees as may be prescribed by regulations.

[28(3)

(4) Moorings and buoys sanctioned by the Director under subsection (2) shall not be made use of by any ship other than the ships of the person to whom such sanction has been granted, except with the consent of such person or by the direction of the Director. The master of any ship using any such moorings and buoys without such consent or direction shall be liable to a penalty of fifty dollars for every day or part of a day during which he so uses such moorings and buoys after he has been requested to remove therefrom.

[28(4)

(s) The Governor in Council may by regulations prescribe and provide for the terms, conditions and fees for any of the purposes mentioned in this section.

[28(5)

74. (1) The Governor in Council may by regulations Regala- applicable to the waters of the Colony control, prescribe and provide for→

tions for control of fishing and fishing

and con- sequencer

(a) the management and working of all fishing operations atakos

generally in the waters of the Colony;

of breach.

(b) registration, licensing, erection, maintenance, manage

ment and working of fishing stakes, including the places Regula where the same may be erected, the distances of such tiona

Table 5. stakes from the shore and from other such stakes, the depth of water for the same, their removal when out of repair or not in use, and the lighting, repair and clean- ing of such stakes;

(c) generally in connexion with fishing stakes whether

ejusdem generis with paragraph (b) or not;

(d) the fees to be charged for fishing stakes, according to

their extent, situation and method.

[29(1)(3)(4)