A116
Ord. No. 29/85
Pilotage area.
Compulsory pilotage.
First Schedule.
Fourth Schedule.
First Schedule.
Exemption from compulsory pilotage.
(Cap. 313.)
PILOTAGE (AMENDMENT)
10B. The waters of Hong Kong shall be a pilotage area.
10C. (1) Subject to subsection (2), every ship specified in the First Schedule, other than an exempted ship, while navigating in the pilotage area shall be under the pilotage of a licensed pilot or pilots, whose number shall be determined by the Authority under section 10E(3).
(2) A ship required to be under compulsory pilotage may navigate in the pilotage area without a licensed pilot-
(a) if it is on its inward voyage and its master has reported to the Authority under section 10E(1), from the time it enters the pilotage area to the time it arrives at a pilot boarding station or specified anchorage, so long as it is directly proceeding to a pilot boarding station or specified an- chorage;
(b) if it is on its outward voyage under the pilotage of a licensed pilot. from the time the licensed pilot disembarks to the time it leaves the pilotage area, so long as it is directly leaving the pilotage area;
(c) if through stress of weather it is seeking shelter within the
waters of Hong Kong; or
(d) within the dockyards approach area specified in the Fourth Schedule for the purpose of berthing, changing berths or docking at the dockyards on the west of Tsing Yi Island.
(3) If a ship is not under pilotage as required by subsection (1), the master of the ship commits an offence and is liable to a fine of $10,000 or double the amount of the pilotage dues which would have been payable in respect of the ship if it had been under pilotage, whichever is the greater.
(4) It shall be a defence in proceedings for an offence under subsection (3) to prove that on the occasion to which the charge relates the ship was being navigated in the pilotage area only so far as was necessary to avoid serious danger to the ship or to any other ship or property.
(5) The Governor in Council may, by order published in the Gazette, amend the First Schedule.
10D. (1) The following ships shall be exempted from compul- sory pilotage-
(a) ships belonging to Her Majesty;
(b) ships for the time being used by the Government;
(c) vessels to which Part IV other than section 25(1)(a) of the
Shipping and Port Control Ordinance applies.
(2) The following ships, whether individually or as a class, may be exempted from compulsory pilotage by the Authority on applica- tion in writing to him--
(a) vessels and dynamically supported craft engaged on ferry services for the conveyance of passengers (whether or not goods are also conveyed) between Hong Kong, Macau and Chinese ports within river trade limits; and
(b) ships engaged in salvage or cable laying operations.
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