1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 16

1986 Ed.]

Shipping and Port Control

[CAP. 313

15

"dwelling vessel" means a vessel which-

(a) is used, constructed or adapted principally for dwelling

purposes;

(b) tends to remain stationary in any area of the waters of

Hong Kong; and

(c) is not required to be licensed as a Class III vessel under the Merchant Shipping (Miscellaneous Craft) Regulations; (Added, 12 of 1983, s. 2)

"licence”, in relation to any vessel to which this Part applies, means a licence granted under the regulations made under this Part; "local certificate of competency" means a certificate of competency.

issued under this Part; (Added, 36 of 1986, s. 2)

“master” means the person having for the time being command or charge of the vessel; but where there is no such person or the vessel is in command or charge of a person under the age of 16, the person whose name appears as the licensee in the licence granted in respect of that vessel shall be deemed to be the master thereof;

"passenger" means any person carried in a vessel other than the

crew. (Amended, 36 of 1986, s. 2)

(2) For the purposes of paragraph (c) of the definition of "dwelling vessel" and of any proceedings in connexion with a dwelling vessel, a certificate purporting to be signed by or on behalf of the Director that a vessel is not required to be licensed as a Class III vessel under the Merchant Shipping (Miscellaneous Craft) Regulations shall be proof thereof unless the contrary be proved. (Added, 12 of 1983, s. 2)

25. (1) Without prejudice to any other provision of this Ordinance, and subject to subsection (3) and section 35(3), this Part applies to-

(a) any vessel regularly employed in trading, or going, within

river trade limits:

(b) any vessel employed in sea fishing;

(c) any vessel possessed or used for pleasure purposes;

(Amended, 46 of 1981, s. 6)

(d) any other description of vessel, whether self-propelled or not, used in navigation solely within the waters of Hong Kong; and

(e) any other description of vessel in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation.

(2) This Part shall apply to a vessel specified in subsection (1) whether or not the vessel is provided with a certificate of registry or certificate of foreign registry for the purposes of the Merchant Shipping Ordinance.

(Cap. 281, sub. leg.)

(Cap. 281, sub. leg.)

Application.

(Cap. 281.)