Appilleautom
Dateleckou of Governmen
por facilitlen,
Line of port Exciti
Bestriction an İnsandalion of private pori Excillides, etc.
"ship" meant any vessel used in navigation other than a vessel propelled
by oars or a junk;
"signal station" means a signal stations so specified by regulations made
under this Ordinance:
"tidal water" means any part of the sea or of a river within the ebb and
flow of the tide at ordinary spring tides:
"tons" and "toonage" meau tons and tonnage as calculated according to
British measurement of registered tonnage:
"voase)" includes——
(a) any ship, junk, boat, dynamically supported craft, seaplane, or
any other description of vessel used in navigation; and
(b) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation;
"waters of Hong Kong" means all tidal waters, navigable or not, within the boundaries of Hong Kong specified in the Second Schedule to the Interpretation and General Clauses Ordinance.
3 (1) This Ordinance shall, except where otherwise specially geo- vided, apply to all vessels within the waters of Hong Kong, including versels for the time being used by the Hong Kong Government and all warships and ships for the time being used by Her "Majesty's Government or the Government of any State.
(2) Nothing in this Ordinance shall derogate from the provisions of any olber law.
PART II
PORT FACILITIES
The Director may lay, place, erect and maintain under his contrel
in the waters of Hong Kong such port facilities as ho thinka BL.
5. (1) Subject to any other provision of this Ordinance, no persor shall use a port facility otherwise than for the purpose for which it is provided.
(2) Any person who contravenes aubsection (1) commits an offence and is liable to a fine of $1,000,
6. (1) Subject to subsection (2), except with the written permission of the Director, no person shall lay, place, erect or maintain a port facility or any doating or other structure in the waters of Hong Kong.
(2) The Director may, by notice in the Gazette, specify any area of the waters of Hong Kong in which any Boating or other structure specified in the notice may be laid, placed, crected or maintained without the permission of the Director.
(3) Any person who contravenes subsection (1) commits an offence and in liable to a fine of $5,000.
(4) Without prejudice to the liability for an offence under subsection (3), the Director may give such directions as he thinks &t for the removal, moving or modification of a port facility or any floating or other structure laid, placed, erected or maintained in contravention of subsection (1),
5
7. (1) Any person who wilfully or negligently—
Dholle, MD, to plde ko
(a) removes, alters, damages, destroys, or interferes with, any aid to naviradon.
navigation or mooring; or
(b) makes fast to any aid to navigation,
commits an offence and is liable to a fine of $5,000.
(2) If an offence under subsection (1) is committed by a person on or in respect of a vessel, then, in addition to that person, the owner and the master of the vessel commit an offence and each of them is liable to utine of $5,000.
A. (1) Where any damage is caused by a vessel to any port facility, Lably for pier, breakwater or other property owned by the Government, the owner dibuąc to port and the roaster of the vessel shall, without prejudice to the liability for tactics, c. an offence under this Ordinance, be jointly and severally liable for any loss arising out of the damage to the extent that such loss is attributable to any fault on the part of the vessel or to any wilful or negligent act of koy person on the vessel.
(2) Such loss may be recovered by the Director as a civil debt.
9. The Director may direct an owner or his agent or the master of Power to any vessel, or any person who appears to him to be the owner or occupier results remoral of a place on lapd, at or from which there is exhibited a light or of unaubadred lights wood signs, illuminated algn which, in the opinion of the Director-
(a) obscures, restricts or interferes with, or is likely to obscure, restrict or interfere with, the functions or use of any signal station or aid to navigation;
(b) is likely to be mistaken for a light or signal procecding from
any signad station or aid to navigation; or
(c) in any way interferes with, or is likely to interfere with, the safe
navigation of vessels in the waters of Hong Kong,
to remove the light or illuminated sign or to extinguish or screen it in
be manner specified in the direction,
PART HI
CONTROL OVER VESSELS AND PORTS
10. (1) The international regulations for preventing collisions at 128 Application of shall apply to all vessels within the waters of Hong Kong, subject to any the interadonat special provision in or under this Ordinance relating to any requirement prezentis contained in such regulations.
regulation.
Colo
(2) If a contravention of the international regulations for preventing te, 1894. 60, collisions at sea as applied under subsection (1) is caused within the 4190) waters of Hong Kong by the wilful default of the master of a vessel, the master commits an offence and is liable to a fine of $10,000.
. 18 60.
(3) If an injury to a person or damage to properly arises within the Waters of Hong Kong from a contravention of the international regula- & 41905-1 tious for preventing collisions at sea as applied under subsection (1), the injury or damage shall be deemed to have been caused by the wilful default of the person in charge of the deck of the vessel at the time. upless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary.
No comments yet.
Private notes are available after approval.