CAP. 281] Merchant Shipping (Pleasure Vessels)
Regulations
[1986 Ed.
[Subsidiary] Seizure, removal and detention of vessels. L.N. 219/81.
Transfer of ownership or charter of pleasure vessels.
L.N. 55/78. L.N. 219/81.
5A. (1) An authorized officer may seize and remove or cause to be removed from any place or premises or from any part of the waters of Hong Kong any pleasure vessel which he has reason to believe is or has been possessed or used in contravention of regulation 5(1).
(2) A pleasure vessel removed under paragraph (1) may be detained by the Director until either-
(a) the pleasure vessel is licensed and there is paid to the Director a removal charge of $200 and a storage charge of $50 for every day after the second day during which the pleasure vessel is detained; or
(b) the pleasure vessel is released by order of a court or magistrate under paragraph (3).
(3) Where a pleasure vessel is detained under this regulation and proceedings have been taken in respect of the suspected contravention by reason of which the pleasure vessel was removed, the court or magistrate in such proceedings may order that the pleasure vessel be released and in such order may require that the vessel be licensed and that the appropriate removal and storage charges be paid to the Director before the pleasure vessel is released or, where removal and storage charges have been paid, require the Director to refund the same.
(4) Where a pleasure vessel is detained under this regulation the Director with all reasonable dispatch shall give notice in writing of the detention, to the owner if the name and address of such owner is known to him, or if the name or address of the owner is not known to him, by publication of the notice in the Gazette, and if such pleasure vessel is not claimed by the owner within 3 months of the date of the notice the Director thereafter may sell by public auction or otherwise dispose of such pleasure vessel and the proceeds, if any, of such sale or disposal, after deduction of any licence fees or charges due or incurred under the Ordinance or these regulations, shall be paid into the general revenue of Hong Kong at the expiry of 12 months from the date of such sale or disposal if not previously claimed by the owner of the pleasure vessel.
(5) For the purposes of this regulation the expression "pleasure vessel" includes-
(a) the fittings, equipment and contents on board; and
(b) any trailer or other device whereby the vessel is transported.
6. (1) Where-
(a) the full ownership of a licensed pleasure vessel is transferred to any other person; or
(b) a licensed pleasure vessel is chartered to any person,
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CAP. 281] Merchant Shipping (Pleasure Vessels)
Regulations
[1986 Ed.
[Subsidiary] Seizure, removal and detention of vessels. L.N. 219/81.
Transfer of ownership or charter of pleasure vessels.
L.N. 55/78. L.N. 219/81.
5A. (1) An authorized officer may seize and remove or cause to be removed from any place or premises or from any part of the waters of Hong Kong any pleasure vessel which he has reason to believe is or has been possessed or used in contravention of regula- tion 5(1).
(2) A pleasure vessel removed under paragraph (1) may be detained by the Director until either-
(a) the pleasure vessel is licensed and there is paid to the Director a removal charge of $200 and a storage charge of $50 for every day after the second day during which the pleasure vessel is detained; or
(b) the pleasure vessel is released by order of a court or
magistrate under paragraph (3).
(3) Where a pleasure vessel is detained under this regulation and proceedings have been taken in respect of the suspected contra- vention by reason of which the pleasure vessel was removed, the court or magistrate in such proceedings may order that the pleasure vessel be released and in such order may require that the vessel be licensed and that the appropriate removal and storage charges be paid to the Director before the pleasure vessel is released or, where removal and storage charges have been paid, require the Director to refund the same.
(4) Where a pleasure vessel is detained under this regulation the Director with all reasonable dispatch shall give notice in writing of the detention, to the owner if the name and address of such owner is known to him, or if the name or address of the owner is not known to him, by publication of the notice in the Gazette, and if such pleasure vessel is not claimed by the owner within 3 months of the date of the notice the Director thereafter may sell by public auction or otherwise dispose of such pleasure vessel and the proceeds, if any, of such sale or disposal, after deduction of any licence fees or charges due or incurred under the Ordinance or these regulations, shall be paid into the general revenue of Hong Kong at the expiry of 12 months from the date of such sale or disposal if not previously claimed by the owner of the pleasure vessel.
(5) For the purposes of this regulation the expression "pleasure vessel" includes-
(a) the fittings, equipment and contents on board; and
(b) any trailer or other device whereby the vessel is
transported.
6. (1) Where-
(a) the full ownership of a licensed pleasure vessel is trans-
ferred to any other person; or
(b) a licensed pleasure vessel is chartered to any person,
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