Hong Kong Regulations

MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION - SECT 44

Closure of floating restaurant

(1) The Director may make an order under subsection (2) if he is satisfied
that a local vessel that is a floating restaurant—

   (a)  is being used or operated without a full licence or temporary 
        licence;

   (b)  is being used or operated while its full licence or temporary  licence
        is suspended; or

   (c)  is being used or operated in contravention of—

        (i)    any of the conditions or restrictions attached to its full 
               licence or temporary licence; or

        (ii)   any provision of the Ordinance or this Regulation.

(2) An order—

   (a)  may direct that no person, other than a public officer in the course
        of his duty or a person authorized by the Director, shall enter or be
        in the vessel or part of the vessel; or

   (b)  may prohibit the use or operation of the vessel or part of the vessel
        for all or any purposes.

(3) A copy of an order shall be—

   (a)  posted by the Director on a conspicuous part of the vessel; and

   (b)  served by the Director on the owner or his agent.

(4) An order made under subsection (1) in respect of a local vessel shall
remain in force until the order is cancelled by the Director—

   (a)  in the case of an order made pursuant to subsection (1)(a), on the
        issue of a full licence or temporary licence in respect of the vessel;

   (b)  in the case of an order made pursuant to subsection (1)(b) or

   (c)  , on his being satisfied that the ground on which the order was made
        has ceased to exist; or

   (c)  on his being satisfied that the vessel will not be used as a
        floating restaurant. The cancellation by the Director shall be by
        notice in writing to the owner or his agent.

(5) No person shall remove, obliterate, deface or otherwise render illegible
an order made under subsection (1) unless the order has been cancelled.

(6) Where, without reasonable excuse—

   (a)  an order made under subsection (1) in respect of a local vessel is
        contravened; or

   (b)  subsection (5) is contravened in respect of a local vessel, the person
        who contravenes that order or subsection (5), the owner of the vessel
        and his agent each commits an offence and is liable on conviction to a
        fine at level 3 and to imprisonment for 6 months.