Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 2

Interpretation

In this Ordinance, unless the context otherwise requires-

"accepted convention certificate" (獲認可的公約證明書) means a
certificate in the form prescribed by the International Convention for the
Safety of Life at Sea, 1974 as amended from time to time; (Added 24 of 2005 s.
2)

"agent" (代理人) means any person acting in Hong Kong as agent for the
owner of a vessel for the purposes of this Ordinance;

"aid to navigation" (助航設備) means a lighthouse, beacon or buoy, and any
cables, wires and other forms of communication apparatus connected or used
with a lighthouse, beacon or buoy;

"approved insurer" (認可保險人) means a
protection and indemnity association approved under any regulation made in
relation to insurance under section  89 ; (Added 24 of 2005 s. 2)

"authorized insurer" (獲授權保險人) means-

   (a)  an insurer authorized under the Insurance Companies Ordinance (
        Cap 41) to carry on insurance business of the nature specified in
        class 12 in Part 3 of the First Schedule to that Ordinance;

   (b)  an association of underwriters approved by the Insurance  Authority
        under section 6 of that Ordinance to carry on insurance business of
        the nature specified in class 12 in Part 3 of the First Schedule to
        that Ordinance;

   (c)  the society of underwriters known in the United Kingdom as Lloyd's; or

   (d)  an approved insurer; (Added 24 of 2005 s. 2)

"authorized officer" (獲授權人員) means-

   (a)  the Director and any public officer of the Marine Department of or
        above the rank of Marine Inspector Class II;

   (b)  any police officer of or above the rank of Sergeant; and

   (c)  any public officer authorized in writing in this behalf by the
        Director;

"authorized surveyor" (特許驗船師) means a person appointed under
section 7(1) to be a surveyor for the purposes of this Ordinance;

"beacon" (航標) means any light, mark or sign established as an aid to 
navigation, other than a lighthouse or buoy;

"buoy" (浮標) means any floating light, mark or sign established as an aid 
to navigation, other than a lighthouse or beacon;

"cargo" (貨物) means any goods, container, pallet, material and solid
ballast, vessels' stores, provisions and equipment, mail and passengers'
baggage, carried, or intended to be carried, in or on a vessel; (Amended 70 of
1999 s. 17)

"cargo handling" (貨物處理) means-

   (a)  the loading of cargo on, or the unloading of cargo from, a
        local vessel;

   (b)  the transfer of cargo within a local vessel;

   (c)  the transfer of cargo by a local vessel to or from another vessel; or

   (d)  the hoisting, lowering, moving and handling of cargo or any other
        thing in any manner, on or from a local vessel;

"certificate of ownership" (擁有權證明書), in relation to a
local vessel, means its certificate of ownership issued under regulations made
under section  89 ;

"certificated" (領有證明書) means certificated under regulations made
under section 89;

"class" (類別), in relation to a vessel, includes type;

"code of practice" (工作守則) includes-

   (a)  a standard;

   (b)  a specification; and

   (c)  any other documentary form of practical guidance;

"collision regulations" (《碰撞規例》) means the
Merchant Shipping (Safety) 
(Signals of Distress and Prevention of Collisions) Regulations ( Cap 369 sub.
leg.);

"Committee" (諮委會) means the Local Vessels Advisory Committee established
under section 4(1);

"coxswain" (船長), in relation to a local vessel, means the person having
for the time being the charge or command of the vessel; but where there is no
such person or the vessel is in the charge or command of a person under the
age of 16, it means the person whose name appears in the vessel's
certificate of ownership; “crane” (起重機) means any appliance equipped
with mechanical means of hoisting and lowering a load and for transporting the
load while suspended; and also all chains, ropes, swivels, or other tackle
(down to and including the hook), used in the operation of the appliance; but
does not include-

   (a)  a hoist block running on a fixed rail or wire;

   (b)  a stacker or conveyer whereby a load is moved by means of a belt or
        platform; or

   (c)  an earth or mineral moving or excavating appliance not fitted with a
        grab; (Added 24 of 2005 s. 2)

"crew" (船員) means the coxswain and any other person employed or engaged in
any capacity on board a local vessel on the business of the vessel;

"dangerous goods" (危險貨物) means dangerous goods within the meaning of
section 1 of the Merchant Shipping (Safety) (Dangerous Goods and Marine 
Pollutants) Regulation ( Cap 413 sub. leg.);

"dead vessel" (廢置船隻) means any local vessel, other than a laid-up
vessel which has a written permission under section 66 which is in force,
which-

   (a)  is, for any reason, unable to proceed under its own power;

   (b)  is, for any reason, unable to manoeuvre with its own steering gear;

   (c)  is, for any reason, unable to work its own anchors; or

   (d)  has any part of the hull structure removed, or under repair, which may
        affect the water-tight integrity of the vessel;

"detention order" (扣留令) means a notice under section 52(4);

"Director" (處長) means the Director of Marine;

"domestic premises" (住宅處所) means any premises used wholly or mainly
for residential purposes and constituting a separate household unit;

"dwelling vessel" (住家船隻) means a local vessel which-

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

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

"dynamically supported craft" (動力承托的航行器) means a passenger
carrying vessel that is operable-

   (a)  on or above water and the weight of which, or a significant part
        thereof, is balanced in one mode of operation by other than
        hydrostatic forces; or

   (b)  at speeds such that the function V(gL)-1/2 is equal to, or greater
        than, 0.9: Where, in consistent units- "V" means maximum speed; "g"
        means the acceleration force due to gravity; "L" means the waterline
        length;

"engine operator" (輪機操作員), in relation to a local vessel, means the
person who is in charge of the vessel's machinery;

"Government surveyor" (政府驗船師) means a person appointed under
section 5 of the Merchant Shipping (Safety) Ordinance ( Cap 369) to be a
Government  surveyor;

"identity card" (身分證) means an identity card within the meaning of the
Registration of Persons Ordinance ( Cap 177);

"improvement notice" (敦促改善通知書) means a notice under
section 73(1);

"Insurance Authority" (保險業監督) has the meaning assigned to it by
section  2 (1) of the Insurance Companies Ordinance ( Cap 41); (Added 24 of
2005 s. 2)

"junk" (中式帆船) includes any vessel-

   (a)  of Chinese or other Asiatic build, construction or rig;

   (b)  of Chinese or other Asiatic build and construction but of European
        rig; or

   (c)  of European build and construction, but of Chinese or other Asiatic
        rig, whether such vessel is of a sea-going type or not and whether
        mechanically propelled or not;

"length overall" (總長度), in relation to a local vessel, means the
distance between the foreside of the foremost fixed permanent structure and
the aftside of the aftermost fixed permanent structure of the vessel; (Added
24 of 2005 s. 2)

"licensed" (已領牌、領牌) means licensed under regulations made under
section 89;

"lifting appliance" (起重裝置) means a crane, winch, hoist, derrick boom,
sheer legs, excavator, pile driver, pile extractor, fork lift truck or other
self-propelled machine, and any other description of lifting  appliance,
derrick and mast bands, goose-necks, eyebolts, and all other permanent
attachments to a derrick, mast or deck, used on a vessel for the purposes of
hoisting or lowering in connection with works; (Amended 70 of 1999 s. 17)

"lifting gear" (起重工具) includes a chain, rope sling, canvas sling, net,
tray, board, box, bull rope, snotter, can hook or other means of supporting
cargo and attachments thereto including a ring, link, hooks, plate, clamp,
shackle, swivel, eyebolt, bridle, beam, spreader, rope and wire, used on a
vessel in connection with works; (Amended 70 of 1999 s. 17; 24 of 2005 s. 2)

"lighthouse" (燈塔) includes a lightship and any floating or other light
exhibited for the guidance of vessels, other than a beacon or buoy;

"local certificate of competency" (本地合格證明書) means a certificate
of competency issued under Part V;

"local vessel" (本地船隻) means-

   (a)  any vessel used solely within the waters of Hong Kong, whether
        registered under the Merchant Shipping (Registration) Ordinance (
        Cap 415) or in a place outside Hong Kong;

   (b)  any vessel regularly employed in trading to or from Hong Kong unless
        registered in a place outside Hong Kong;

   (c)  any vessel possessed or used for pleasure purposes in the waters of
        Hong Kong;

   (d)  any vessel employed in sea fishing plying regularly in the waters of
        Hong Kong, or using the waters of Hong Kong as a base; or

   (e)  any vessel-

        (i)    registered in the Mainland of China or Macau;

        (ii)   employed in trading to or from Hong Kong; and

        (iii)  issued with any certificate by a government authority of the
               Mainland of China or Macau permitting its trading to Hong Kong
               other than any accepted convention certificate; (Replaced 24 of
               2005 s. 2)

"marine construction" (海上建造工程) means any construction or
reclamation works, including dredging, drilling, pipe laying, buoy laying,
cable laying and caisson construction, in which local vessels are used; (Added
24 of 2005 s. 2)

"material" (物料) includes construction material, waste material and debris;
(Added 70 of 1999 s. 17)

"mooring" (繫泊設備) includes a mooring dolphin or post, buoy, pontoon,
floating pier or other floating structure used for the mooring of vessels or
to assist in the embarkation or disembarkation to or from vessels;

"non-domestic premises" (非住宅處所) means any premises other than
domestic  premises;

"operating licence" (運作牌照), in relation to a local vessel, means its
licence issued under regulations made under section 89;

"owner" (船東), in relation to a local vessel, means-

   (a)  the person or persons named in the vessel's certificate of  ownership
        as the owner of the vessel;

   (b)  in the absence of such a certificate, the person or persons owning the
        vessel;

"passenger" (乘客) means any person carried in a vessel other than-

   (a)  a member of the crew;

   (b)  a child under 1 year of age;

"person in charge of works" (工程負責人) means-

   (a)  the owner or coxswain of, or other person having control over, a
        local vessel on, to or by means of which any works are to be, or are
        being, carried out;

   (b)  a principal contractor or sub-contractor, if any, who contracts to
        carry out, or who carries out, any works; or

   (c)  any other person having for the time being the command or charge of
        any works being carried out on, to or by means of a local  vessel;
        (Added 24 of 2005 s. 2)

"place on land" (陸上地方) means-

   (a)  any premises, building or vehicle on land;

   (b)  any building, structure or object erected or placed on the bed or
        shore of the sea; or

   (c)  anything afloat (other than a vessel) if it is anchored or attached to
        the bed or shore of the sea;

"pleasure vessel" (遊樂船隻) means any launch, yacht, inflatable vessel,
junk, lorcha or other vessel that-

   (a)  has an engine installed in it, or is designed to have an engine
        installed in it or carried on it, whereby the vessel may be propelled
        by mechanical means;

   (b)  is possessed or used exclusively for pleasure purposes; and

   (c)  is not let for hire or reward other than under the terms of a charter
        agreement in writing or hire-purchase agreement in writing, but does
        not include any launch, yacht, inflatable vessel, junk, lorcha or
        other vessel that has never been launched in the waters of Hong Kong;

"pleasure vessel operator" (遊樂船隻操作人), in relation to a
pleasure vessel, means a person who is in charge of the vessel;

"port" (港口) means any area of the waters of Hong Kong which is declared to
be a port under section 56 of the Shipping and Port Control Ordinance ( Cap 
313);

"port facility" (港口設施) means any aid to navigation, mooring or signal 
station;

"principal contractor" (總承判商) means a person who enters into a
contract directly with the owner or coxswain of, or other person having
control over, a local vessel to carry out any works; (Added 24 of 2005 s. 2)

"protection and indemnity association" (保障及彌償組織) means an
association established by shipowners to provide mutual indemnity for its
members against losses and liabilities incident to marine adventure; (Added 24
of 2005 s. 2)

"repairs" (修理), in relation to-

   (a)  any local vessel, means (except in section 74) any repairs,
        alterations or maintenance works on or to the vessel carried out by
        any person other than a member of the crew or the coxswain of the
        vessel or that involve or are likely to involve the safety of any
        person other than a member of the crew or the coxswain of the vessel;
        and

   (b)  any local vessel carrying dangerous goods, means (except in
        section 74) any repairs, alterations or maintenance works on or to the
        vessel capable of providing an ignition source, including those that
        involve welding, burning or the use of blow lamps, braziers or other
        devices using combustible materials; (Added 24 of 2005 s. 2)

"signal station" (信號站) means a signal station as specified in
regulations made under the Shipping and Port Control Ordinance ( Cap 313);

"specified" (指明), in relation to a form, means specified under section 71;

"sub-contractor" (次承判商) means-

   (a)  any person who enters into a contract, express or implied, with a
        principal contractor to perform all or any part of the works which the
        principal contractor has contracted to perform; or

   (b)  any other person who enters into a contract, express or implied, to
        perform all or any part of the works which a sub-contractor within the
        meaning of paragraph (a) has contracted to perform; (Added 24 of 2005
        s. 2)

"tidal water" (感潮水域) means any part of the sea or of a river within
the ebb and flow of the tide at ordinary spring tides;

"use of signals of distress regulations" (《使用遇險訊號規例》)
means the Merchant  Shipping (Safety) (Use of Signals of Distress) Regulations
( Cap 369 sub. leg.);

"vessel" (船隻) 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 Hong Kong or in the waters of Hong
        Kong not used in navigation or not constructed or adapted for use in
        navigation; (Amended 24 of 2005 s. 2)

"works" (工程) means-

   (a)  repairs to a local vessel;

   (b)  the breaking up of a local vessel;

   (c)  cargo handling; or

   (d)  marine construction. (Added 24 of 2005 s. 2)

"accepted convention certificate" (獲認可的公約證明書)

"agent" (代理人)

"aid to navigation" (助航設備)

"approved insurer" (認可保險人)

"authorized insurer" (獲授權保險人)

"authorized officer" (獲授權人員)

"authorized surveyor" (特許驗船師)

"beacon" (航標)

"buoy" (浮標)

"cargo" (貨物)

"cargo handling" (貨物處理)

"certificate of ownership" (擁有權證明書)

"certificated" (領有證明書)

"class" (類別)

"code of practice" (工作守則)

"collision regulations" (《碰撞規例》)

"Committee" (諮委會)

"coxswain" (船長)

"crane" (起重機)

"crew" (船員)

"dangerous goods" (危險貨物)

"dead vessel" (廢置船隻)

"detention order" (扣留令)

"Director" (處長)

"domestic premises" (住宅處所)

"dwelling vessel" (住家船隻)

"dynamically supported craft" (動力承托的航行器)

"engine operator" (輪機操作員)

"Government surveyor" (政府驗船師)

"identity card" (身分證)

"improvement notice" (敦促改善通知書)

"Insurance Authority" (保險業監督)

"junk" (中式帆船)

"length overall" (總長度)

"licensed" (已領牌、領牌)

"lifting appliance" (起重裝置)

"lifting gear" (起重工具)

"lighthouse" (燈塔)

"local certificate of competency" (本地合格證明書)

"local vessel" (本地船隻)

"marine construction" (海上建造工程)

"material" (物料)

"mooring" (繫泊設備)

"non-domestic premises" (非住宅處所)

"operating licence" (運作牌照)

"owner" (船東)

"passenger" (乘客)

"person in charge of works" (工程負責人)

"place on land" (陸上地方)

"pleasure vessel" (遊樂船隻)

"pleasure vessel operator" (遊樂船隻操作人)

"port" (港口)

"port facility" (港口設施)

"principal contractor" (總承判商)

"protection and indemnity association" (保障及彌償組織)

"repairs" (修理)

"signal station" (信號站)

"specified" (指明)

"sub-contractor" (次承判商)

"tidal water" (感潮水域)

"use of signals of distress regulations" (《使用遇險訊號規例》)

"vessel" (船隻)

"works" (工程)