Hong Kong Regulations

SHIPPING AND PORT CONTROL REGULATIONS - REGULATION 23A

Supplementary provisions on entry into restricted areas, etc.

(Past version on 30/06/1997).

(1) Except with the permission of the Director, no vessel which has a height
exceeding that specified in paragraph 3(a) of the Fifth Schedule shall- (L.N.
228 of 1997)

   (a)  in the case of a vessel being towed, enter, berth or unberth within
        the Tsing Tsuen and Tsing Yi Bridges Area specified in paragraph 3(b)
        of that Schedule unless the vessel is being towed by such number of
        tugs or other vessels as may reasonably be required to ensure the
        safety of the vessel having regard to the circumstances pertaining
        thereto; or

   (b)  without prejudice to subparagraph (a), and whether or not the vessel
        is being towed, approach so near any bridge within the area referred
        to in that subparagraph as to prejudice the safety of the bridge.

(2) Except with the permission of the Director, no vessel which has a height
exceeding that specified in paragraph 4(a) of the Fifth Schedule shall- (L.N.
228 of 1997)

   (a)  in the case of a vessel being towed, enter, berth or unberth within
        the Ap Lei Chau Bridge Area specified in paragraph 4(b) of that
        Schedule unless the vessel is being towed by such number of tugs or
        other vessels as may reasonably be required to ensure the safety of
        the vessel having regard to the circumstances pertaining thereto; or

   (b)  without prejudice to subparagraph (a), and whether or not the vessel
        is being towed, approach so near any bridge within the area referred
        to in that subparagraph as to prejudice the safety of the bridge.

(3) If without reasonable excuse paragraph (1)(a) or (2)(a) is contravened,
the master of the vessel and the masters of the tugs or other vessels towing
the vessel commit an offence and each of them is liable to a fine of $10000
and to imprisonment for 6 months.

(4) If without reasonable excuse paragraph (1)(b) or (2)(b) is contravened-

   (a)  in the case of a vessel not being towed, the master of the vessel
        commits an offence;

   (b)  in the case of a vessel being towed, the master of the vessel and the
        masters of the tugs or other vessels towing the vessel commit an
        offence, and is, or each of them is, as the case may be, liable to a
        fine of $10000 and to imprisonment for 6 months.

(5) Without prejudice to paragraph (1)(b) or (2)(b), if a vessel is involved
in a collision with any bridge within an area referred to in paragraph (1)(a)
or (2)(a), as the case may be-

   (a)  in the case of a vessel not being towed, the master and the owner of
        the vessel and any agent of the owner;

   (b)  in the case of a vessel being towed-

        (i)    the master and the owner of the vessel and any agent of the
               owner; and

        (ii)   the masters and the owners of the tugs or other vessels towing
               the vessel and any agents of the owners, commit an offence and
               each of them is liable to a fine of $50000 and to imprisonment
               for 6 months.

(6) It shall be a defence to a charge against a master, owner or agent under
paragraph (5)(a) or (b) if he proves to the satisfaction of the magistrate or
court that he could not reasonably have prevented the collision concerned or
that all reasonable steps had been taken by him or another person to prevent
such collision. (L.N. 309 of 1993)