Hong Kong Regulations

MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION - SECT 6

Restrictions on Class IV vessels

(1) A Class IV vessel shall not be used otherwise than—

   (a)  by the owner exclusively for pleasure purposes; or

   (b)  if it has been let to any person, by that person exclusively for
        pleasure purposes.

(2) A Class IV vessel shall not be let for hire or reward unless—

   (a)  it is let under the terms of a written charter agreement or written
        hire-purchase agreement;

   (b)  the agreement contains a warning that states clearly—

        (i)    that the person to whom the vessel is let commits an offence if
               he does not comply with section 6(5)(b) of the
               Merchant Shipping (Local 
               Vessels) (Certification and Licensing) Regulation ( Cap 548
               sub. leg. D);

        (ii)   that the person to whom the vessel is let should read carefully
               section 6 (except subsections (1), (2) and (4)) of the
               Regulation; and

        (iii)  where in the agreement the full text of those provisions may be
               found;

   (c)  the agreement contains, either in its body or as its attachment, the
        full text of this section (except subsections (1), (2) and

(4));

   (d)  the warning and text referred to in paragraphs (b) and (c) are in the
        same language as that of the remaining parts of the agreement and are
        presented prominently in the agreement; and

   (e)  the agreement is signed by the owner and the person to whom the vessel
        is let.

(3) A Class IV vessel shall not be let for hire or reward for an intended
service that involves the carriage of passengers unless there is in force in
respect of the vessel—

   (a)  such certificate of inspection or certificate of survey certifying
        that the vessel is fit for the intended service as is required under
        the Survey Regulation for a Class IV vessel of the type for which the
        vessel is certificated; and

   (b)  such policy of insurance in respect of third party risks as is
        required under Part VA of the Ordinance for a Class IV vessel of the
        type for which the vessel is certificated, having regard to the
        intended service. (24 of 2005 s. 23)

(4) If, without reasonable excuse, subsection (1), (2) or (3) is contravened
the owner of the vessel, his agent and the coxswain each commits an offence
and is liable on conviction to a fine at level 3.

(5) Where a Class IV vessel is let for hire or reward—

   (a)  the owner, his agent and the coxswain shall ensure that there is kept
        on board the vessel—

        (i)    the relevant written charter agreement or written hire-purchase
               agreement; and

        (ii)   if any passenger is carried in the vessel, the certificate of
               inspection or certificate of survey and the policy of insurance
               referred to in subsection (3), or certified copies of them; (24
               of 2005 s. 23)

   (b)  the person to whom the vessel is let shall ensure that throughout the
        period when the person is in possession of the vessel—

        (i)    the vessel is not used otherwise than by him exclusively for
               pleasure purposes; and

        (ii)   the documents referred to in paragraph (a) are kept on board
               the vessel; and

   (c)  the coxswain shall, on request by an authorized officer, produce for
        inspection the documents referred to in paragraph (a).

(6) A person who without reasonable excuse contravenes subsection

(5), commits an offence and is liable on conviction to a fine at level 2.

(7) A person to whom a Class IV vessel is let does not have a reasonable
excuse for contravening subsection (5)(b)(ii) merely because the person's
contravention is attributable to the contravention by the owner, his agent and
the coxswain of subsection (5)(a).

(8) For the purpose of this section, a Class IV vessel is to be regarded as
being used by a person exclusively for pleasure purposes if—

   (a)  in the case of the person being an individual, the vessel is used to
        carry the individual, his family members, relatives, friends and
        employees, and family members, relatives and friends of his employees,
        for their pleasure purposes; or

   (b)  in the case of the person being a club, company, partnership or
        association of persons, the vessel is used to carry its members and
        employees, and family members, relatives and friends of those members
        and employees, for their pleasure purposes.

(9) If a person to whom a Class IV vessel is let under a hire-purchase
agreement is named in the certificate of ownership as owner by virtue of
section 9(b), then subsections (3) and (5) apply neither to the hire-purchase
agreement nor to the vessel as far as that agreement is concerned.