Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 89

Regulations-general

(Past version on 02/01/2007).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) The Secretary for Transport and Housing may make regulations in respect of
local vessels for all or any of the following matters- (Amended L.N. 106 of
2002; L.N. 130 of 2007)

   (a)  the regulation, control, use and speed of vessels;

   (b)  the certification of vessels;

   (c)  the licensing of vessels and the renewal of licences, and in the case
        of vessels that have, contrary to the regulations made under this
        section, not been licensed for any period, for the payment of licence
        fees or penalty in respect of the period during which the vessels were
        not licensed;

   (d)  the cancellation or suspension of certificates or licences;

   (e)  empowering an authorized officer to seize and remove or cause to be
        removed from any place or premises or from any part of the waters of
        Hong Kong and to detain vessels, without notice to the owners thereof,
        which he has reason to believe are not certificated or licensed in
        accordance with regulations made under this section, together with any
        things on board and any trailer or other device whereby such vessels
        are transported;

   (f)  the disposal by way of sale or otherwise of unclaimed vessels or
        things which have been seized, removed and detained pursuant to
        regulations made under this section and the payment of the proceeds,
        if any, of any such disposal into the general revenue;

   (g)  the design and construction of vessels, the equipment required to be
        carried on board vessels and matters incidental thereto;

   (h)  the accommodation for passengers and crew, and means for their safety
        and escape;

   (i)  the measures to be taken for the control and prevention of fire and
        protection of life and property, including specifying the general and
        specific requirements relating to the life-saving appliances and
        fire-fighting apparatuses to be provided on vessels, and the training
        of the crew in the use of such appliances or apparatuses; (Replaced 24
        of 2005 s. 17)

   (j)  the survey, approval of plans or inspection of vessels and the issue
        (and cancellation) of certificates of survey or inspection; (Amended
        24 of 2005 s. 17)

   (k)  the classification of vessels;

   (l)  the prevention of collisions at sea, including giving effect to any
        international agreement applicable to Hong Kong so far as the
        agreement relates to the prevention of collisions at sea;

   (m)  prescribing what signals may be used by vessels as signals of
        distress;

   (n)  prescribing the circumstances in which, and the purposes for which,
        any such signal is to be used and the circumstances in which it is to
        be revoked;

   (o)  prescribing the circumstances and manner in which warnings of
        navigational dangers shall be reported;

   (p)  the employment on vessels of a coxswain and deck and engineering crew
        who possesses local certificates of competency, or certificates of
        competency recognized as equivalent to local certificates of
        competency by regulations made under this section;

   (q)  the number and grade of crew to be employed on vessels;

   (r)  the engagement and discharge of crew, their conditions of employment,
        and their hours of work and rest periods;

   (s)  the duties of owners, their agents and crew;

   (t)  regulating the noise, vibration and smoke which may be caused by
        vessels;

   (u)  regulating the hiring of vessels and the carriage of passengers and
        the plying limits;

        (v)    empowering the Director to provide anchorages and mooring areas
               for vessels, and to control and regulate their use;

(va) empowering the Director to prohibit vessels from anchoring or lying at
any place; (Added 24 of 2005 s. 17)

   (w)  the use of piers and the embarkation and disembarkation of persons;

        (x)    the inquiry into charges of incompetency, misconduct or
               negligence of or by coxswains or deck or engineering crew and
               prescribing the procedure at such inquiries;

   (y)  the registration of persons dwelling in any specified type or class of
        vessels;

   (z)  empowering the Director to amend any Schedule to the regulations;

   (za) appeals to the Administrative Appeals Board-

        (i)    against any decision of the Director made under the
               regulations;

        (ii)   by any person aggrieved by any such decision;

   (zb) the establishment of typhoon shelters and typhoon anchorages and the
        control of their use and the vessels therein;

   (zc) the prohibition or control of fishing within specified areas of the
        waters of Hong Kong (including empowering the Director to so prohibit
        or control), the control of fishing by the use of bright lights, and
        the control of the erection and working of fishing stakes;

   (zd) prohibiting, restricting or regulating the embarkation or
        disembarkation of persons, the loading and unloading of cargo and
        goods, and the conveyance and disposal of cargo and goods unlawfully
        obtained;

   (ze) empowering the Director to control and regulate water sports, races,
        regattas or other similar activities in the waters of Hong Kong and
        providing for the safety of persons taking part in, or affected by,
        such activities;

   (zf) the packaging, marking, loading, placing, moving, inspection, stowing,
        securing, segregating, testing and measuring of cargo on vessels in
        the interests of safety of vessels and persons on them (including the
        health of such persons);

   (zg) matters incidental to or relating to the insurance that is required to
        be taken out under the Ordinance, including but not limited to the
        following-

        (i)    empowering the Director to- (A) approve
               protection and indemnity associations as insurers for the
               purposes of this Ordinance; (B) revoke or suspend such
               approval; (C) specify the amount of insurance to be covered by
               any policy of insurance;

        (ii)   the conditions and requirements as to the issue or sale of such
               policies of insurance; (Replaced 24 of 2005 s. 17)

   (zh) the control of works, the control of salvaging of vessels, the control
        and use of lifting appliances and lifting gear, the safety and
        protection against accidents of persons employed in such works or
        operations, the provision of safe workplaces on local vessels, the
        operation, use and maintenance of hatches and hatch coverings on
        vessels in connection with works, and regulations made for the purpose
        of this paragraph may empower the Director to-

   (i)  make exemptions from the application of the regulations where he is
        satisfied that the regulations have been substantially complied with
        or where compliance therewith is unnecessary having regard to the
        circumstances;

        (ii)   approve any person to provide a safety training course and
               issue certificates to any person who attends the course;
               (Replaced 70 of 1999 s. 27)

   (zi) establishing piers and terminals and controlling their use;

   (zj) the provision of port facilities and control over their use;

   (zk) the procedure to be followed, and the provisions to be complied with,
        by vessels entering or leaving the waters of Hong Kong;

   (zl) the prevention of hazards to navigation and the removal and disposal
        of objects which are a hazard to navigation;

   (zm) the control of dead vessels, laid-up vessels, or vessels stranded,
        abandoned or sunk in the waters of Hong Kong, and the supply of
        information in relation thereto;

   (zn) (Repealed 70 of 1999 s. 27)

   (zo) the prevention and control of pollution of the waters of Hong Kong;

   (zp) the control of the loading, discharge, storage and movement of logs
        and other timber in the waters of Hong Kong, and of the loading or
        discharge of logs and other timber at any public waterfront or public
        seawall within the waters of Hong Kong;

   (zq) the notification of accidents involving vessels and injuries to
        persons on vessels within the waters of Hong Kong, and the
        investigation and inquiry into such accidents and injuries;

   (zr) empowering the Director to give directions in any particular case in
        relation to such matters as may be specified;

   (zs) prescribing any other matter which is to be or may be prescribed under
        this Ordinance;

   (zt) generally providing for the better carrying out of the provisions and
        purposes of this Ordinance.

(2) The Secretary for Transport and Housing may make regulations providing for
the grant, renewal or revocation by the Director of a permit in respect of a
vessel referred to in paragraph (e) of the definition of “local vessel” in
section 2 for the regulation, control or use of the vessel. (Replaced 24 of
2005 s. 17. Amended L.N. 130 of 2007)

(3) Regulations made under this section for the regulation, control, use and
licensing of dwelling vessels may-

   (a)  empower the Director to declare any area of the waters of Hong Kong to
        be an area closed to dwelling vessels and within which no dwelling 
        vessel may enter or remain;

   (b)  empower the Director to-

        (i)    order the removal, within such time as may be prescribed, of
               any dwelling vessel from any part of the waters of Hong Kong
               being an area in respect of which a licence is required or
               being an area declared to be closed to dwelling vessels;

        (ii)   seize, remove and detain any dwelling vessel in respect of
               which an order for removal has been made and not complied with;

        (iii)  remove any person or property found on any dwelling vessel that
               has been seized and detained;

        (iv)   sell, by public auction or otherwise, any dwelling vessel which
               has been seized and detained;

        (v)    destroy or otherwise dispose of any vessel that has been seized
               and detained and which he is unable to sell;

        (vi)   pay any proceeds of sale of a dwelling vessel to the owner
               thereof, if known, or if the owner is not known or does not
               claim such proceeds, pay the same into general revenue;

   (c)  provide for the seizure and disposal of any property found on a
        dwelling vessel which has been seized and detained and, in particular,
        may provide that any such property shall become the property of the
        Government free from the rights of any person and may be disposed of
        as the Director thinks fit;

   (d)  provide for the service of an order to remove a dwelling vessel from
        any part of the waters of Hong Kong by affixing such order to a
        prominent part of the vessel.

(4) Any regulations made under this section may empower the Director to-

   (a)  prescribe, by notice in the Gazette, specifications, standards or
        additional requirements for the purposes of the regulations;

   (b)  issue instructions or directions providing practical guidance with
        respect to specifications, standards or requirements prescribed by or
        under the regulations; or

   (c)  grant exemptions from the requirements of the regulations, either
        generally or in any particular case.

(5) Any instructions or directions referred to in subsection (4)(b) and any
amendment thereof shall be published in such manner as is specified in the
regulations or, if not so specified, in such manner as the person issuing them
thinks fit, and such publication shall be notified in the Gazette together
with advice as to where copies may be obtained.

(6) Any regulations made under this Ordinance may-

   (a)  make different provisions for different circumstances and provide for
        a particular case or class of cases;

   (b)  be made so as to apply only in such circumstances as are prescribed by
        the regulations;

   (c)  be made to apply to local vessels wherever they may be;

   (d)  provide that in such cases as are prescribed by the regulations a
        local vessel shall be liable to be detained or delayed or refused a
        port clearance by such person as is prescribed by the regulations;

   (e)  authorize, or provide for the authorization of, persons to carry out
        inspections or other matters required by the regulations;

   (f)  be made generally for the better and more effectual carrying out of
        the provisions of this Ordinance, including incidental, consequential,
        evidential, transitional and supplemental provisions.

(7) Without prejudice to section 23 of the Interpretation and 
General Clauses Ordinance ( Cap 1), any regulations made under this Ordinance
may include regulations which provide for transitional or savings provisions
in respect of any of the enactments repealed or amended by this Ordinance.

(8) Any regulations made under this section may prescribe offences in respect
of contraventions of the regulations, and may provide for the imposition in
respect of any such offence of a fine not exceeding level 6 and of
imprisonment for a period not exceeding 2 years.