Hong Kong Regulations

MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION,MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Regulation, unless the context otherwise requires—

"agent" (代理人) means a person appointed as an agent in accordance with
section 7;

"ancillary vessel" (附屬船隻), in relation to a local vessel, means a
vessel that falls within the description of an ancillary vessel endorsed under
section 13 on the certificate of ownership of the local vessel;

"certificate of ownership" (擁有權證明書) means a
certificate of ownership—

   (a)  issued under section 10; or

   (b)  issued or endorsed under section 23 or 26 (including, in the case of
        section 23, that section as applied by section 29);

"certificate of ownership number" (擁有權證明書號碼) means a number
assigned by the Director under section 11(2) to the certificate of ownership
of a local vessel;

"certificate of survey" (驗船證明書) means a certificate of survey within
the meaning of the Survey Regulation;

"class" (類別), in relation to a local vessel, means a class of local vessel
specified in column 1 of Schedule 1;

"document of identification" (身分證明文件) means—

   (a)  in relation to an individual, the identity card issued to the
        individual under the Registration of Persons Ordinance ( Cap 177);

   (b)  in relation to a company within the meaning of the Companies 
        Ordinance ( Cap 32), the certificate of incorporation issued under
        that Ordinance in respect of the incorporation of the company in Hong
        Kong; or

   (c)  in relation to an oversea company within the meaning of the
        Companies Ordinance ( Cap 32), the certificate of registration issued
        under that Ordinance in respect of the registration of the oversea
        company under Part XI of that Ordinance;

"floating restaurant" (水上食肆) means any vessel that customarily remains
stationary in any area of the waters of Hong Kong that is used or is
constructed for use primarily for the purpose of a food business involving the
sale of meals to the general public for consumption on board;

"full licence" (正式牌照) means—

   (a)  a full licence that is issued under section 15 or renewed under
        section 17; or

   (b)  a full licence issued, endorsed or renewed under section 23 or 26
        (including, in the case of section 23, that section as applied by
        section 29);

"Local Certificate of Competency Rules" (《本地合格證明書規則》)
means the rules made under section 16 of the Ordinance;

"material considerations" (考慮因素), in relation to a local vessel,
means—

   (a)  the class and type for which the vessel is or is to be certificated
        and the intended service of the vessel;

   (b)  provisions of the Ordinance and regulations made under the Ordinance;

   (c)  the condition of the vessel so far as it is relevant to seaworthiness
        or to any risk of pollution;

   (d)  the safety, health and welfare of persons employed or engaged in any
        capacity on board the vessel; and

   (e)  any other matter of public interest;

"permission for a laid-up vessel" (閑置船隻允許書) means the written
permission granted under section 66 of the Ordinance for a laid-up vessel to
be berthed, moored or anchored at any place in the waters of Hong Kong,
including such permission that is endorsed or granted under section 23 or 26
(including, in the case of section 23, that section as applied by section 29);

"prescribed fee" (訂明費用) means a fee prescribed by regulation made
under section 88 of the Ordinance;

"specified form" (指明表格) means a form specified by the Director;

"specified sheltered waters" (指明遮蔽水域) means the waters specified
in Schedule 2;

"Survey Regulation" (《驗船規例》) means any regulation made in relation
to the survey or inspection of vessels under section 89 of the Ordinance;

"temporary licence" (臨時牌照) means—

   (a)  a temporary licence issued or renewed under section 19; or

   (b)  a temporary licence issued, endorsed or renewed under section  23 or
        26 (including, in the case of section 23, that section as applied by
        section 29);

"type" (類型), in relation to a local vessel, means a type of local vessel
specified in column 2 of Schedule 1;

"typhoon shelter" (避風塘) means a typhoon shelter specified in the
Merchant  Shipping (Local Vessels) (Typhoon Shelters) Regulation ( Cap 548
sub. leg. E);

"working day" (工作日) means any day other than the following—

   (a)  a general holiday;

   (b)  a gale warning day or black rainstorm warning day as defined in
        section 71(2) of the Interpretation and General Clauses Ordinance (
        Cap 1).

(24 of 2005 s. 22)

(2) A local vessel is certificated under this Regulation if there is in force
in respect of it a certificate of ownership.

(3) In this Regulation—

   (a)  a reference to a local vessel of any class and of any type is a
        reference to a local vessel certificated for that class and that type
        in accordance with section 4; and

   (b)  a reference to a Class I, II, III or IV vessel is a reference to a
        local vessel certificated for Class I, II, III or IV respectively.

(4) A local vessel is licensed under this Regulation if there is in force in
respect of it a full licence or a temporary licence.

(5) In this Regulation—

   (a)  a reference to a person applying for certification as the owner, in
        relation to a local vessel, is a reference to a person who pursuant to
        an application made under section 10, 23 or 26 (including, in the case
        of section 23, that section as applied by section 29) is to be named
        as the owner in the certificate of ownership to be issued or endorsed
        in respect of the vessel; and

   (b)  a reference to a certificated owner, in relation to a local vessel, is
        a reference to a person who is named as the owner in the
        certificate of ownership of the vessel that is in force.

(6) In this Regulation, a transfer of ownership of a local vessel includes—

   (a)  a transfer of an interest of a joint or part owner in a local vessel
        to any person; and

   (b)  any disposition of interest in a local vessel by a personal
        representative of the estate of a deceased owner.

"agent" (代理人)

"ancillary vessel" (附屬船隻)

"certificate of ownership" (擁有權證明書)

"certificate of ownership number" (擁有權證明書號碼)

"certificate of survey" (驗船證明書)

"class" (類別)

"document of identification" (身分證明文件)

"floating restaurant" (水上食肆)

"full licence" (正式牌照)

"Local Certificate of Competency Rules" (《本地合格證明書規則》)

"material considerations" (考慮因素)

"permission for a laid-up vessel" (閑置船隻允許書)

"prescribed fee" (訂明費用)

"specified form" (指明表格)

"specified sheltered waters" (指明遮蔽水域)

"Survey Regulation" (《驗船規例》)

"temporary licence" (臨時牌照)

"type" (類型)

"typhoon shelter" (避風塘)

"working day" (工作日)