Hong Kong Regulations

MERCHANT SHIPPING (LOCAL VESSELS) (DWELLING VESSELS) REGULATION - SECT 7

Licence to be transferred only in certain circumstances

(1) A licence shall not be transferred, except as provided in this section.

(2) Where the licensee of a licensed dwelling vessel dies at any time during
the period of validity of the licence issued in respect of the vessel, the
surviving spouse, parent, parent-in-law, or eldest child over the age of 16
years, of the deceased licensee, in that order, may apply to the Director for
the licence to be transferred to him until the expiry of its
period of validity, if he was dwelling on the vessel at the time when a
licence was first issued in respect of the vessel under the repealed 
Regulations.

(3) Where the persons dwelling on a licensed dwelling vessel comprise members
of more than one family and the licensee of the vessel and members of his
family cease to dwell on the vessel at any time during the period of validity
of the licence issued in respect of the vessel, a person, other than the
licensee or a member of his family, may apply to the Director for the licence
to be transferred to him until the expiry of its period of validity, if he is
nominated by the family or families continuing to dwell on the vessel so to
apply and if he was dwelling on the vessel at the time when a licence was
first issued in respect of the vessel under the repealed Regulations.

(4) Subject to subsection (6), the Director may determine an application for
the transfer of a licence made under subsection (2) or (3)-

   (a)  by transferring the licence to the applicant until the expiry of its
        period of validity; or

   (b)  by refusing to transfer the licence.

(5) If an application for the transfer of a licence is made under subsection
(2) or (3) and the period of validity of the licence expires before the
determination of the application, the licence shall continue in force until
the determination of the application, the withdrawal of the application or the
cancellation of the licence under section 8, whichever occurs first.

(6) If an application for the transfer of a licence is made under subsection
(2) or (3) and the period of validity of the licence expires before the
determination of the application, the Director may determine the application-

   (a)  by issuing a licence to the applicant in accordance with subsection
        (7), in which case the Director shall be deemed to have determined the
        application in the manner provided in subsection (4)(a); or

   (b)  by refusing to issue such a licence, in which case the Director shall
        be deemed to have determined the application in the manner provided in
        subsection (4)(b).

(7) A licence issued under subsection (6)(a)-

   (a)  shall be in a form determined by the Director;

   (b)  shall be subject to such conditions as the Director may specify under
        section 3(5); and

   (c)  subject to the provisions of this Regulation, shall be in force for
        its period of validity, which shall be of the same length as the
        portion of the period of validity of the licence sought to be
        transferred that remained unexpired at the time of the making of the
        application for transfer.

(8) If, in the circumstances described in subsection (2) or (3), there is no
person who may apply for the transfer of the licence in question under the
relevant subsection, the licence in question shall lapse and the Director may
require any person in possession of that licence to surrender it.