1969-HKRS30-16-29_Part01 — Page 28

2

Citation and commencement.

Interpretation.

MERCHANT SHIPPING ORDINANCE.

(Chapter 281).

MERCHANT SHIPPING (PLEASURE VESSELS)

REGULATIONS 1970.

In exercise of the powers conferred by sections 97 and 105 of the Merchant Shipping Ordinance, the Governor ja Council has made the following regulations-

1. These regulations may be cited as the Merchant Shipping (Pleasure Vessels) Regulations 1970, and shall come into opera- tion on the 1st day of April 1970.

2. (1) In these regulations, unless the context otherwise requires

"licence" means a licence issued under regulation 3:

"pleasure vessel" means any launch, yacht, inflatable vessel, junk

or lorcha which-

(a) has an engine installed or carried in it whereby the vessel is capable of being propelled by mechanical

means:

(b) is used exclusively for pleasure purposes; and

(c) is not let out for hire or reward other than under the

terms of a charter agreement.

(2) For the purposes of these regulations—

(a) any person who-

() is the sole, joint or part owner of a pleasure vessel; or

(ii) has possession or control of a pleasure vessel which is subject to the terms of a hire-purchase agree- ment, bill of sale or other similar instrument,

shall be deemed to be the owner of the pleasure vessel; and

(b) any person who-

() is the owner of a pleasure vessel which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument but who is not entitled to possession of the pleasure vessel; or

(i) has possession or control of a pleasure vessel under the terms of a charter agreement

shall be deemed not to be the owner of the pleasure vessel.

3. (1) The owner of a pleasure vessel shall apply to the Director for a licence in respect of the vessel.

(2) An application made under paragraph (1) shall be sub- mitted to the Director on a form specified by him and shall contain such particulars of the pleasure vessel and the owner theroof as the Director may from time to time require to be furnished to him,

(3) On receipt of an application under paragraph (2) the Director may issue a licence and licence number in respect of the pleasure vessel referred to in the application.

(4) The form of a licence shall be determined from time to time by the Director.

(5) The Director may endorse on a licence a condition that the vessel shall not be used at any time between sunset and sunrise.

(6) The owner of a licensed pleasure vessel shall cause to be painted on each side of the vessel, in letters not less than six inches in height, and on any other vessel normally attached to or carried on the pleasure vessel, the licence number allotted to the pleasure vessel under paragraph (3).

4. (1) The Director shall record in a register such partic- ulars of every licensed pleasure vessel and the owner thereof as are submitted to him under paragraph (2) of regulation 3.

(2) The owner of a licensed pleasure vessel shall notify the Director in writing of any alteration of such particulars within seven days after the alteration thereof.

S. (1) No person shall use a pleasure vessel in the waters of Hong Kong unless there is a valid licence in respect of the vessel.

(2) No person shall use a pleasure vessel at any time between unset and sunrise it the Director bas endorsed on the licence a condition that the pleasure vessel shall not be used at any time between sunset and sunrise.

(3) In the event of any contravention of paragraph (1) or (2), the person who contravenes either such paragraph and the owner of the pleasure vessel used in the contravention shall each be guilty of an offence and shall each be liable on conviction to a fine of one thousand dollars.

6.

(1) The owner of a pleasure vessel who-

(a) transfers the ownership of the vessel to any other

person; or

Licensing of pleasure vessels.

Record of registered particulars.

Offence).

Transfer of ownership or partner of pleasure vessel.