CENSUS AND STATISTICS (QUARTERLY SURVEY OF EMPLOYMENT, VACANCIES AND PAYROLL) ORDER

CENSUS AND STATISTICS (QUARTERLY SURVEY OF
EMPLOYMENT, VACANCIES AND PAYROLL) ORDER

(Cap. 316, section 11)

[5 March 1982.]


1. This order may be cited as the Census and Statistics (Quarterly
Survey of Employment, Vacancies and Payroll) Order.

2. In this order, unless the context otherwise requires-

'business undertaking' means any undertaking carrying on business in
Hong Kong, including non-profit-making bodies and statutory
bodies;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified under paragraph 6.

3. A statistical survey shall be carried out by the Commissioner on
the expiration of each survey period in respect of business undertakings
in Hong Kong for the purpose of compiling statistics relating to
employment, vacancies and payroll in the survey period.

4. For the purpose of the survey, the particulars specified in the
Schedule shall be given in respect of business undertakings for the
survey period and shall be furnished to the Commissioner in accordance
with such form of questionnaire as the Commissioner may issue for that
purpose and within such period as he may therein specify.

5. The particulars required to be given under paragraph 4 in respect
of any business undertaking shall be given

(a)in the case of a business undertaking which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of a business undertaking which is a partnership,
by any partner thereof,

(e)in any other case, by the proprietor of the business
undertaking.

6. For the purpose of this order, the survey periods shall be-

(a) January, February and March 1982;

(b) each period of 3 consecutive months thereafter.

7. The use of sampling methods for the collection of particulars
relevant to the survey is authorized.





8. This order shall apply in relation to a business undertaking
notwithstanding that it commenced business after the commencement
of any survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for the surveys and all copies thereof shall be destroyed not later than
24 months after the relevant survey period.

SCHEDULE [para. 4.1

PARTICULARS REQUIRED TO BE GiVEN IN
RESPECT OF
BUSINESS UNDERTAKINGS

Name, address, number of persons engaged and nature of business in respect of
each establishment submitting a combined return.

Business registration number.

Date on which the establishment commenced business. Type of ownership.
Nature of business. Number and sex of persons engaged. Number of persons
engaged by operatives (or site workers) and other persons. Number of
vacancies by sex.

Number of vacancies by operatives (or site workers) and other
persons. The amount of payroll for each month in the survey period.
L.N. 69/82. Citation. Interpretation. Quarterly survey of employment, vacancies and payroll. Particulars required to be given. Schedule. Persons required to give particulars. Survey periods. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

L.N. 69/82. Citation. Interpretation. Quarterly survey of employment, vacancies and payroll. Particulars required to be given. Schedule. Persons required to give particulars. Survey periods. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

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CENSUS AND STATISTICS (QUARTERLY SURVEY OF CONSTRUCTION OUTPUT) ORDER

CENSUS AND STATISTICS (QUARTERLY SURVEY OF
CONSTRUCTION OUTPUT) ORDER

(Cap. 316, section 11)

[5 March 1982]

1. This order may be cited as the Census and Statistics
(Quarterly Survey of Construction Output) Order.
2. In this order, unless the context otherwise requires-

'construction' means any of the following

(a)the erection, maintenance or repair of buildings or other
immobile structures;

(b)the physical development of land for purposes other than
agriculture;

(c)site formation, piling, caissons or other sub-structure work;

(d)the installation of service facilities in buildings or other
immobile structures, whether under construction or already in
use;

(e)the demolition of existing buildings or other immobile
structures;

any specific processes constituting part of the activities
specified in sub-paragraphs (a) to (e) inclusive;

-construction undertaking' means any undertaking engaged in
construction;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified under paragraph 6.

3. A statistical survey shall be carried out by the Commissioner on
the expiration of each survey period in respect of construction
undertakings in Hong Kong for the purpose of compiling statistics
relating to the construction output thereof in the survey period.

4. For the purpose of the survey, the particulars specified in the
Schedule shall be given in respect of construction undertakings for the
survey period and shall be furnished to the Commissioner in accordance
with such form of questionnaire as the Commissioner may issue for that
purpose and within such period as he may therein specify.





5. The particulars required to be given under paragraph 4 in
respect of a construction undertaking shall be given-

(a)in the case of a construction undertaking which is a body
corporate, by a director, secretary or other person con-
cerned in the management thereof,

(b)in the case of a construction undertaking which is a
partnership, by any partner thereof,

(c)in any other case, by the proprietor of the construction
undertaking.

6. For the purpose of this order, the survey period shall be-

(a) January, February and March 1982;

(b) each period of 3 consecutive months thereafter.

7. The use of sampling methods for the collection of particu-
lars relevant to any survey is authorized.

8. This order shall apply in relation to a construction under-
taking notwithstanding that it commenced business after the com-
mencement of a survey period or ceased to carry on business during
that period.

9. All completed schedules collected or received by census
officers for a survey and all copies thereof shall be destroyed not
later than 24 months after the relevant survey period.

SCHEDULE [para. 4.1

PARTICULARS REQUIRED TO BE GIVEN IN RESPECT OF
CONSTRUCTION UNDERTAKINGS

Nature of activities of the undertaking.
Value of construction work performed at building and construction sites, at other
minor new construction work locations, and at erected buildings and structures,
in the capacity of a main contractor or a sub-contractor.
Site particulars and value of construction work performed at each site, for main
contractors operating at building and construction sites.
L.N. 68/82. Citation. Interpretation. Quarterly survey of construction output. Particulars required to be given. Schedule. Persons required to give particulars. The Survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

L.N. 68/82. Citation. Interpretation. Quarterly survey of construction output. Particulars required to be given. Schedule. Persons required to give particulars. The Survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

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CENSUS AND STATISTICS (ANNUAL SURVEY OF BUILDING, CONSTRUCTION AND REAL ESTATE SECTORS) ORDER

CENSUS AND STATISTICS (ANNUAL SURVEY OF
BUILDING CONSTRUCTION AND REAL ESTATE
SECTORS) ORDER

(Cap. 316, section 11)

[13 January 1984.]

1. This order may be cited as the Census and Statistics (Annual
Survey of Building, Construction and Real Estate Sectors) Order.

2. In this order, unless the context otherwise requires-

'building, construction and real estate sectors' means any of the
following--

(a)the erection, maintenance or repair of buildings or other
immobile structures;

(b)the physical development of land for purposes other than
agriculture;

(e)site formation, piling, caissons or other sub-structure work;

(d)the installation of service facilities in buildings or other
immobile structures, whether under construction or already in
use;

(e)the demolition of existing buildings or other immobile
structures;

the development of or transaction in real estate (including
leasing);

(g)architectural or related surveying, testing, designing or
engineering work;

(h) real estate brokerage or agency;

(i) real estate management services;

(j)any specific process constituting part of the activities
specified in sub-paragraphs (a) to (e) inclusive;

'building, construction and real estate undertaking means any
undertaking engaged in building, construction and real estate
sectors;

'real estate' means immovable property;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified in or under
paragraph 6.





3. A statistical survey shall be carried out by the Commissioner
every year in respect of building, construction and real estate
undertakings in Hong Kong for the purpose of compiling statistics
relating to the building, construction and real estate sectors in the
survey period.

4. For the purpose of a survey carried out in any year, information
in respect of the matters specified in the Schedule shall be given in
relation to building, construction and real estate undertakings for the
survey period and shall, not later than 31 July in that year, or such later
date as the Commissioner may specify in any particular case, be
furnished to the Commissioner in accordance with such form of
questionnaire as the Commissioner may issue for that purpose.

5. The information required to be given under paragraph 4 in
respect of any building, construction and real estate undertaking shall
be given

(a)in the case of a building, construction and real estate
undertaking which is a body corporate, by a director, secretary
or other person concerned in the management thereof;

(b)in the case of a building, construction and real estate
undertaking which is a partnership, by any partner thereof;

(c)in any other case, by the proprietor of the building,
construction and real estate undertaking.

6. For the purpose of this order, the survey period in relation to any
year in which a survey is carried out under paragraph 3 shall be the
calendar year immediately preceding that year or such other period of 12
consecutive months commencing in that calendar year and ending not
later than 31 March in the following year as the Commissioner may
specify in any particular case.

7. The use of sampling methods for the collection of information
relevant to any survey is authorized.

8. This order shall apply in relation to a building, construction and
real estate undertaking notwithstanding that it commenced business
after the commencement of a survey period or ceased to carry on
business during that period.

9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 31
July in the third year following the year in which the survey is carried
out.





SCHEDULE [para. 4.1

MATTERS IN RESPECT OF WHICH INFORMATION IS TO
BE GIVEN

(1) Type of ownership.

(2) Type of business activity.

(3) Percentage of shareholding by country of origin of investment.

(4)Name and address of undertaking, nature of work and number of persons
engaged. (In the case of undertakings submitting a combined return, this
information is required in relation to each undertaking.)

(5) Particulars of business premises.

(6) Number and sex of persons engaged, by type.

(7) Number of working days, shifts and hours worked.

(8) Compensation of employees, by type.

(9) Value of purchases and stocks of materials and supplies, by type.

(10) Value of contract work and other operating expenses, by type.

(11) Value of construction work performed and other business receipts, by type.

(12) Value of property completed or under construction and the associated price of
land.

(13) Particulars of individual building, construction or real estate development
projects; project outlays; construction value; project value and land value.

(14) Transactions in land and property.

(15) Acquisitions, disposals, depreciation and stocks of fixed assets, by type.
L.N. 14/84. Citation. Interpretation. Survey of building, construction and real estate sectors. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

L.N. 14/84. Citation. Interpretation. Survey of building, construction and real estate sectors. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

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CENSUS AND STATISTICS (MONTHLY SURVEY OF RETAIL SALES) ORDER

CENSUS AND STATISTICS (MONTHLY SURVEY OF
RETAIL SALES) ORDER

(Cap. 316, section 11)

[30 January 1981,1

I. This order may be cited as the Census and Statistics (Monthly
Survey of Retail Sales) Order.

2. In this order, unless the context otherwise requires-

'retail trade' includes the business of hiring or renting goods;

'survey' means the statistical survey referred to in paragraph 3;

'trading establishment' means any undertaking engaged in the retail
trade;

'value of sales of goods' includes goods sold on own account and on
account of others, irrespective of whether the sales are in cash or
on credit.

3. Statistical survey shall be carried out by the Commissioner each
month of every year in respect of trading establishments in Hong Kong
for the purpose of compiling statistics relating to monthly retail sales.

4. For the purpose of every survey, the particulars specified in the
Schedule shall be given in respect of trading establishments on a
monthly basis and shall, not later than the last day of the month
following the relevant month, be furnished to the Commissioner in
accordance with such form of questionnaire as the Commissioner may
issue for that purpose.

5. The particulars required to be given under paragraph 4 in
respect of a trading establishment shall be given

(a)in the case of a trading establishment which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of a trading establishment which is a partnership,
by any partner thereof,

(c)in any other case, by the proprietor of the trading
establishment.

6. The use of sampling methods for the collection of particulars
relevant to any survey is hereby authorized.

7. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed within 2 years
after the survey month.





SCHEDULE [para. 4.1

PARTICULARS REQUIRED TO BE GIVEN IN RESPECT
OF
TRADING ESTABLISHMENTS

Monthly total value of sales of goods.

the establishment, of goods sold by hire-purchase or instalment contracts
should be included at the time of transaction. Payments received from
accounts receivable from goods sold on credit or by, hire-purchase contracts
in earlier periods should be excluded.
L.N. 22/81. Citation. Interpretation. Survey of monthly retail sales. Particulars required to be given. Schedule. Persons required to give particulars. Sampling methods may be used. Date for destruction of schedules.

L.N. 22/81. Citation. Interpretation. Survey of monthly retail sales. Particulars required to be given. Schedule. Persons required to give particulars. Sampling methods may be used. Date for destruction of schedules.

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CENSUS AND STATISTICS (ANNUAL SURVEY OF WHOLESALE AND RETAIL TRADES, RESTAURANTS AND HOTELS) ORDER

CENSUS AND STATISTICS (ANNUAL SURVEY OF
WHOLESALE AND RETAIL TRADES, RESTAURANTS
HOTELS) ORDER
(Cap. 316, section 11)
[13 January 1984.]

1. This order may be cited as the Census and Statistics (Annual
Survey of Wholesale and Retail Trades, Restaurants and Hotels) Order.

2. In this order, unless the context otherwise requires

'hotel' includes any place where lodging is provided on a fee-paying
basis;

'restaurant' includes any place where prepared food or drinks are
sold for immediate consumption, and any catering service;

'retail trade' includes the business of hiring or renting goods;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified in or under
paragraph 6;

'trading establishment' means any of the following

(a) any undertaking engaged in wholesale or retail trade;

(b) any restaurant;

(c) any hotel;

'wholesale trade' includes the business of importing or exporting
goods, and any commission agency or buying agency.

3. A statistical survey shall be carried out by the Commissioner
every year in respect of trading establishments in Hong Kong for the
purpose of compiling statistics relating to the business thereof in the
survey period.

4. For the purpose of a survey carried out in any year, information
in respect of the matters specified in the Schedule shall be given in
relation to trading establishments for the survey period

EE



and shall, not later than 31 July in that year, or such later date as the
Commissioner may specify in any particular case, be furnished to the
Commissioner in accordance with such form of questionnaire as the
Commissioner may issue for that purpose.

5. The information required to be given under paragraph 4 in
respect of a trading establishment shall be given





(a)in the case of a trading establishment which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of a trading establishment which is a partnership,
by any partner thereof,

(c)in any other case, by the proprietor of the trading
establishment.

6. For the purpose of this order, the survey period in relation to any
year in which a survey is carried out under paragraph 3 shall be the
calendar year immediately preceding that year or such other period of 12
consecutive months commencing in that calendar year and ending not
later than 31 March in the following year as the Commissioner may
specify in any particular case.

7. The use of sampling methods for the collection of information
relevant to any survey is hereby authorized.

8. This order shall apply in relation to a trading establishment
notwithstanding that it commenced business after the commencement of
a survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 31
July in the third year following the year in which the survey is carried
out.

SCHEDULE [para. 4.1

MATTERS IN RESPECT OF WHICH INFORMATION IS TO BE GIVEN

(1) Type of ownership.
(2) Type of business activity.
(3) Percentage of shareholding by country of origin of investment.

(4) Name and address of establishment, nature of work and number of persons

engaged. (In the case of establishments submitting a combined return, this
information is required in relation to each establishment.)

(5) Particulars of business premises.

(6) Number and sex of persons engaged. by type.
(7) Compensation of employees, by type.

(8) Operating expenses, by type.
(9) Cost of purchases of goods for sale. by type.

(10) Stocks of materials, supplies and goods for sale at the beginning and end of the
survey period.

(11) Business receipts, value of sales of goods, and other income and receipts. by
type. (12) Acquisitions. disposals, depreciation and stock of fixed assets. by type.
L.N. 16/84. Citation. Interpretation. Annual survey of wholesale and retail trades, restaurants and hotels. Information required to be given. Schedule. Persons required t give information. The Survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

L.N. 16/84. Citation. Interpretation. Annual survey of wholesale and retail trades, restaurants and hotels. Information required to be given. Schedule. Persons required t give information. The Survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

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CENSUS AND STATISTICS (QUARTERLY SURVEY OF INDUSTRIAL PRODUCTION) ORDER

CENSUS AND STATISTICS (QUARTERLY SURVEY OF
INDUSTRIAL PRODUCTION) ORDER

(Cap. 316, section 11)

[30 January 1981.]

1. This order may be cited as the Census and Statistics (Quarterly
Survey of Industrial Production) Order.

2. In this order, unless the context otherwise requires-

-industrial production' means any of the following

(a)the processing, assembling, altering, cleaning, repairing,
ornamenting, finishing or breaking up of any article or
materials;

(b) shipbuilding or ship repairing;

(c)the fabricating or repairing of any machinery or equipment;

'industrial undertaking' means any undertaking engaged in industrial
production;

'survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified under paragraph 6.

3. A statistical survey shall be carried out by the Commissioner in
respect of industrial undertakings in Hong Kong for the purpose of
compiling statistics relating to industrial production thereof in the
survey period. This survey shall be repeated 4 times in every year.

4. For the purpose of a survey, the particulars specified in the
Schedule shall be given in respect of industrial undertakings for the
sarvey period and shall, within one month after the survey period, be
furnished to the Commissioner in accordance with such form of
questionnaire as the Commissioner may issue for that purpose.

5. The particulars required to be given under paragraph 4 in
respect of an industrial undertaking shall be given

(a)in the case of an industrial undertaking which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of an industrial undertaking which is a partnership,
by any partner thereof;

(c)in any other case, by the proprietor of the industrial
undertaking.





6. For the purposes of this order, the survey period shall be any
such period of 3 consecutive months as the Commissioner may specify
from time to time in the schedule designed for the survey.

7. The use of sampling methods for the collection of particulars
relevant to any survey is hereby authorized.

8. This order shall apply in relation to an industrial undertaking
notwithstanding that it commenced business after the commencement of
a survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 24
months after the relevant survey period.

SCHEDULE [para. 4.]

PARTICULARS REQUIRED TO BE GIVEN IN RESPECT OF
INDUSTRIAL UNDERTAKINGS

Particulars of the industrial undertaking.

Number of persons engaged and its breakdown.

Number of working days. shifts and hours: man-hours of overtime worked.

Descriptions, quantities, prices and values of goods produced, or descriptions,
quantities, prices and values of sales and work done. with values of stocks at
the beginning and end of the survey period.
L.N. 23/81. Citation. Interpretation. Quarterly survey of industrial production. Particulars required to be given. Schedule. Persons required to give particulars. The survey period. Sampling methods may be used. Application of order in certain. Date for destruction of schedules.

L.N. 23/81. Citation. Interpretation. Quarterly survey of industrial production. Particulars required to be given. Schedule. Persons required to give particulars. The survey period. Sampling methods may be used. Application of order in certain. Date for destruction of schedules.

https://oelawhk.lib.hku.hk/items/show/3212

CENSUS AND STATISTICS (ANNUAL SURVEY OF INDUSTRIAL PRODUCTION) ORDER

CENSUS AND STATISTIC (ANNUAL SURVEY OF
INDUSTRIAL PRODUCTION) ORDER

(Cap. 316, section 11)

[13 January 1984]

1. This order may be cited as the Census and Statistics (Annual
Survey of Industrial Production) Order.

2. In this order, unless the context otherwise requires-

'industrial production' means any of the following

(a)the mining, quarrying, manufacturing, processing,
assernbling, altering, cleaning, repairing, ornamenting,
finishing or breaking up of any article or material;

(b) shipbuilding or ship repairing;

(c)the fabricating or repairing of any machinery or equipment;

(d)the generating, manufacturing or supplying of gas, electricity,
or water;

-industrial undertaking' means an undertaking engaged in industrial
production;

,,survey' means the statistical survey referred to in paragraph 3;

'survey period' means the survey period specified in or under
paragraph 6.

3. A statistical survey shall be carried out by the Commissioner
every year in respect of industrial undertakings in Hong Kong for the
purpose of compiling statistics relating to the industrial production
thereof in the survey period.

4. For the purpose of a survey carried out in any year, information
in respect of the matters specified in the Schedule shall be given in
relation to industrial undertakings for the survey period and shall, not
later than 31 July in that year, or such later date as the Commissioner
may specify in any particular case, be furnished to the Commissioner in
accordance with such form of questionnaire as the Commissioner may
issue for that purpose.

5. The information required to be given under paragraph 4 in
relation to an industrial undertaking shall be given

(a)in the case of an industrial undertaking which is a body
corporate, by a director, secretary or other person concerned
in the management thereof,

(b)in the case of an industrial undertaking which is a partnership,
by any partner thereof.,





(e)in any other case, by the proprietor of the industrial
undertaking.

6. For the purpose of this order, the survey period in relation to any
year in which a survey is carried out under paragraph 3 shall be the
calendar year immediately preceding that year or such other period of 12
consecutive months commencing in that calendar year and ending not
later than 31 March in the following year as the Commissioner may
specify in any particular case.

7. The use of sampling methods for the collection of information
relevant to any survey is hereby authorized.

8. This order shall apply in relation to an industrial undertaking
notwithstanding that it commenced business after the commencement
of a survey period or ceased to carry on business during that period.

9. All completed schedules collected or received by census officers
for a survey and all copies thereof shall be destroyed not later than 31
July in the third year following the year in which the survey is carried
out.

SCHEDULE [para. 4.]

MATTERS IN RESPECT OF WHICH INFORMATION IS TO BE GIVEN

(1) Type of ownership.
(2) Type of business activity.
(3) Percentage of shareholding by country of origin of investment.

(4)Name and address of undertaking, nature of work and number of persons
engaged. (In the case of undertakings submitting a combined return, this
information is required in relation to each undertaking.)

(5) Particulars of business premises.
(6) Number and sex of persons engaged, by type.

(7) Number of working days, shifts and hours worked.
(8) Compensation of employees, by type.

(9) Operating expenses, by type.
(10) Value, quantity and description of purchases, by type.

(11) Value of stocks by type, at the beginning and end of survey period; price
changes of stocks, by type.

(12) Value, quantity and description of goods or industrial services produced or
sold, by type.

(13) Other receipts, by type.

(14) Acquisitions, disposals, depredation and stocks of fixed assets, by
type.
L.N. 15/84. Citation. Interpretation. Annual survey of industrial production. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

L.N. 15/84. Citation. Interpretation. Annual survey of industrial production. Information required to be given. Schedule. Persons required to give information. The survey period. Sampling methods may be used. Application of order in certain cases. Date for destruction of schedules.

https://oelawhk.lib.hku.hk/items/show/3211

CENSUS AND STATISTICS ORDINANCE

LAWS OF HONG KONG

CENSUS AND STATISTICS ORDINANCE

CHAPTER 316

REVISED EDITION 1978

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 316

CENSUS AND STATISTICS ORDINANCE

ARRANGEMENT OF SECTIONS

Section page

PART 1

PRELIMINARY

1...........Short title ....................... ... ... ... ... ... ... ... ... 2
2...........Interpretation .................... ... ... ... ... ... ... ... ... ... 2

3.........................Commissioner for Census and Statistics ... ... ... ... ... ... ... 3

4..................Functions of Commissioner ... 3

5. Temporary employment of persons as census officers ... ... ... ... ... 3

6................Declaration of secrecy ....... ... ... ... ... ... ... ... ... ... ... 3

7....................Identification of census officers ... ... ... ... ... ... ... ... ... 3
8....................Power of Governor to give directions ... ... ... ... ... ... ... 4

PART II

CENSUS OF POPULATION

9. Power to direct census of population to be taken ... ... ... ... ... 4

10...........................Enumeration of armed forces and travellers ... ... ... ... ... ... 5

PART III

STATISTICAL SURVEYS

11. Power to direct statistical surveys ... ... ... ... ... ... ... ... ... 5

PART IV

DELIVERY Aim COMPLETION OF SCHEDULES

12..............Delivery of schedules ......... ... ... ... ... ... ... ... ... ... 5

13.....................Completion and return of schedules ... ... ... ... ... ... ... ... 6

14..........................Questions by census officers to be answered ... ... ... ... ... ... 8

PART V

GENERAL

15...........................Duty of occupiers to grant access to premises ... ... ... ... ... ... 8

16......................False entries in schedules or returns ... ... ... ... ... ... ... ... 8

17..................Obstructing census officers ... ... ... ... ... ... ... ... ... ... 8

18. Impersonation of census officers, etc. ... ... ... ... ... ... ... ... 8

19..................Offences by census officers ... ... ... ... ... ... ... ... ... ... 9

20................Custody of documents ......... ... ... ... ... ... ... ... ... ... 9







21. Offence to publish information knowingly received in contravention of

Ordinance ................................ ... ... ... ... ... ... 9

22.........................Restriction on publication and disclosure ... ... ... ... ... ... ... 9

23.........Penalties ........................... ... 10

24......................................Consent of Attorney General required for prosecution of offences ... 10

25...........................................Information obtained by statistical inquiry not admissible in evidence to
26. Regulations 11

27..................Amendment of Schedule ...... ... ... ... ... ... ... ... ... ... 11
28..................Repeal and transitional .... ... ... ... ... ... ... ... ... ... 11
Schedule 12





CHAPTER 316

CENSUS AND STATISTICS

To provide for the taking of a census of population and the collection,
compilation and publication of statistical information concerning
Hong Kong and for matters connected therewith; and to repeal the
Census Ordinance.

[26th May, 1978.]

PART 1

]PRELIMINARY

1. This Ordinance may be cited as the Census and Statistics
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'census office?' means

(a) the Commissioner;

(b)any person employed or whose services are used under
section 5;

'census of population' means a census of population taken under
section 9;

'Commissioner' means the Commissioner for Census and Statistics
appointed under section 3;

'functions' includes powers and duties;

occupier in relation to any premises, includes any person in charge or
command thereof and, where such person is a corporation, any
director, secretary, manager or other person concerned in the
management of the corporation or actually in charge of the
premises on behalf of the corporation;

'premises' includes

(a) any land;

(b)any building or other structure, whether permanent or
temporary;

(c)any part of any premises which is used as a dwelling or place
of business or other activity separately from any other part;

(d) any vessel, train, aircraft or vehicle;

'samplaing' means a statistical procedure by which information relating
to a whole field of inquiry is derived by applying statistical
techniques to information obtained in respect of a proportion of
the total number of persons concerned in the relevant field of
inquiry;

'schedule' means any form or other document issued by the
Commissioner for collecting statistical information in any statistical
inquiry;





'specified person', in relation to any statistical inquiry, means a person
of a class or description of persons specified for the purpose of
such inquiry in an order under section 9(2)(a)(iii) or section
11(2)(a)(iii);

'statistical inquiry' means-

(a) a census of population;

(b) a survey,

'survey' means a statistical survey carried out under section 11;

'undertaking' means any undertaking whether by way of trade or
business or otherwise

3. (1) There shall be a Commissioner for Census and Statistics who
shall be appointed by the Governor.

(2) Any person holding or acting in the public office of
Commissioner for Census and Statistics immediately before the
commencement of this Ordinance shall continue to hold or to act in such
office, as the case may be, as if appointed under this section.

4. Subject to this Ordinance, the functions of the Commissioner are

(a)to make such arrangements and to do all such things as are
necessary for the taking of any census of population or the
carrying out of any survey;

(b)to collect, compile, analyse, abstract and publish statistical
information relating to the commercial, industrial, financial,
social, economic and general activities and condition of the
people,

and for those purposes to design and use such schedules as he thinks
fit and to lay down the instructions and procedures necessary for the
proper distribution, completion and return thereof.

5. (1) The Commissioner may employ temporarily, whether for
payment or otherwise, such number of persons to be census officers as
may appear to him to be necessary for the purpose of carrying out any
statistical inquiry.

(2) The Commissioner may, with the approval of the Secretary for
the Civil Service, use the services of any public officer for the purposes
of any statistical inquiry.

(3) The duties of a person employed under subsection (1) or whose
services are used under subsection (2) shall be such as the
Commissioner may determine.

6. Every census officer shall, before entering upon his duties,
complete a declaration either in Form 1 or Form 2 in the Schedule.

7. (1) The Commissioner shall issue to every census officer who is
engaged in a statistical inquiry a certificate specifying the





nature of the inquiry and stating that the person named therein is
authorized to act as a census officer for the purpose of that inquiry; and
a census officer shall produce such certificate for inspection by any
person who may question his authority to exercise any function
conferred on a census officer by this Ordinance.

(2) A certificate purporting to be issued under subsection (1) by the
Commissioner shall be admissible in evidence in any civil or criminal
proceedings and shall, until the contrary is proved, be sufficient
evidence of the facts stated therein.

(3) In addition to the issue of a certificate under subsection (1), the
Commissioner may issue to census officers such insignia, arm bands or
other tokens as he may consider necessary for the purpose of
identification.

8. (1) The Governor may give to the Commissioner or any other
public officer such directions as he thinks fit with respect to the
exercise or performance of his functions under this Ordinance, and such
directions may be given generally or in respect of any particular case.

(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of his functions
under this Ordinance, comply with that direction.

PART II

CENSUS OF POPULATION

9. (1) The Governor in Council may, by order in the Gazette, direct
that a census of population be taken for Hong Kong or any part thereof.

(2) Any order made under subsection (1) in respect of a census of
population

(a) shall specify-

(i) the purpose for which the census is required;

(ii) the persons, premises, establishments or other matters,
in respect of which particulars for the purpose of the census
are to be obtained;

(iii) the class or description of persons who are required to
give information for the purpose of the census;

(iv) the date or dates on which or the period in respect of
which the census is to be taken;

(v) the date by which all completed schedules collected or
received by census officers for the census and all copies
thereof shall be destroyed; and

(b)may authorize the use of sampling methods for the collection
of information relevant to the census.





10. The Commissioner may, in such manner as he thinks fit,

obtain such particulars as may be required for the purposes of any
census of population regarding

(a)any naval, military or air force personnel for the time being in
Hong Kong whether engaged in the Armed Forces of the
Crown or in the armed forces of any foreign power; and

(b)any persons who, at the time of the taking of the census, are
travelling or are on board any vessel or for any reason are not
residing in any premises of which account is to be taken in the
census.

PART III

STATISTICAL SURVEYS

11. (1) The Governor in Council may, by order in the Gazette, direct
that a statistical survey be carried out in relation to any matter specified
in section 4(b) other than a census of population.

(2) An order made under subsection (1)-

(a) shall specify-

(i) the purposes for which the survey is required;

(ii) the persons in respect of whom or matters in respect of
which information is to be given for such purposes;

(iii) the class or description of persons who are required to
give information for such purposes;

(iv) the date by which all completed schedules collected or
received by census officers for the survey and all copies
thereof shall be destroyed; and

(b) may-

(i) specify the date or dates on which or the period in
respect of which the survey is to be carried out;

(ii) require any specified person to furnish to the
Cornmissioner, in such form and manner and within such time
as may be specified in the order, such estimates or returns as
may be so specified relating to the matters which are the
subject of the survey;

(iii) authorize the use of sampling methods for the collection
of the statistical information relevant to the survey.

PART IV

DELIVERY AND COMPLETION OF SCHEDULES

12. (1) For the purpose of carrying out a statistical inquiry, the
Commissioner may direct any census officer to deliver, in





accordance with such direction, to any specified person one 01 more
schedules for completion by such person.

(2) For the purpose of taking a census of population, the
Commissioner may direct any census officer to deliver or cause to be
delivered to the person in charge of any of the following premises

(a)any public or private institution of any kind whatsoever in
which inmates reside, whether for payment or otherwise,
including any penal, corrective or remand establishment; or

(b)any hotel, boarding house, lodging-house, club or other
residential establishment,

a schedule to be completed by that person in respect of the persons
who, at the time of taking the census, are in or upon such premises.

(3) Delivery under subsection (1) of a schedule to a specified
person may be effected

(a) personally by a census officer;

(b)by being sent by post to the last known postal address of
such specified person;

(c)by being left by a census officer at his last known residential
address or at any undertaking of such specified person, or in
the case of a corporation, at its registered office or principal
place of business.

(4) For the purpose of providing information for specified persons
generally in relation to a statistical inquiry, including the instructions
and procedures laid down under section 4 for the completion of
schedules, the Commissioner may give such publicity to the inquiry by
means of advertisements or otherwise as he may deem fit.

13. (1) Any person (not being a person to whom subsection (2)
applies) to whom a schedule relating to a statistical inquiry is delivered
under section. 12 shall complete it or cause it to be completed to the best
of his knowledge and belief by providing the information specified, in
the manner and within the time indicated, in such schedule and shall
thereafter return it in the manner and within the time specified therein.

(2) If any person to whom a schedule is delivered under section 12
is unable either himself to complete it in the manner or within the time
indicated therein, or to cause some other person so to complete it, he
shall return the schedule in the manner and within the time specified
therein and shall declare, either verbally or in writing, his inability to
complete the schedule and the reasons for such inability.

(3) Notwithstanding anything contained in subsection (1) or (2),
any census officer charged with the delivery of any schedule for





completion by any person for the purpose of any statistical inquiry may
either at the request of such person or of his own motion, obtain
verbally from such person the particulars required for completion of the
schedule and complete the schedule in the manner required.

(4) Where any specified person is-

(a) resident outside Hong Kong;

(b) a corporation incorporated outside Hong Kong;

(c)unable to complete a schedule by reason of sickness, absence
or other sufficient cause,

the delivery of a schedule to the premises of any such specified person
shall, for the purposes of this section, be a sufficient requirement to any
manager or agent of the specified person, who is in possession of or has
access to the information required therefor, to complete the schedule and
to return it in the manner directed therein.

(5) Where reasonable grounds exist for believing that any specified
person has withheld or incorrectly given any information in his
possession which, in the opinion of the Commissioner, is required for the
purpose of the completion by such specified person of any schedule,
and the Commissioner so directs, a census officer may, at any reasonable
time and on production of the certificate issued to him under section 7
for examination by any person requiring evidence of his identity, enter
any premises occupied by such specified person and may therein

(a)deliver or collect any schedule or make any inquiries
necessary for the completion or checking thereof ;

(b)inspect, extract information from or make copies of any
document for the purpose of completing any schedule;

(c)check any information obtained or obtain any further
information required in respect of any statistical inquiry,

and may, in the light of any information so obtained, complete any
schedule or add to or delete from any schedule any name or particular or
otherwise correct any material particular therein:

Provided that the powers conferred by this subsection shall not be
exercisable in relation to any statistical inquiry except

(i)where a date is or dates are specified in the order relating to
that statistical inquiry under section 9(2)(a)(iv) or, as the case
may be, section 11(2)(b)(i), within 2 months after that date or
the later of those dates; or

(ii) where a period is so specified, within that period and the period
of 12 months next thereafter.

(6) Any person who contravenes subsection (1) or (2) commits an
offence.





14. (1) Every person, whether or not he is a specified person, in
possession of information required to be given for the completion of a
schedule shall, to the best of his knowledge and belief, answer any
question put to him by a census officer which is necessary for the
completion of the schedule.

(2) Any person who contravenes subsection (1) commits an
offence.

PART V

GENERAL

15. (1) The occupier of any premises shall permit any census officer
seeking access to the premises in accordance with section 13 to enter
the premises for the purpose of the exercise of any of his functions
under that section.

(2) The occupier of any premises shall, upon the request of a
census officer, permit such officer to paint or mark on or affix to such
premises any letters, marks, numbers or other means of identification
which appear to the Commissioner to be necessary for the purpose of
carrying out a statistical inquiry.

(3) Any person who-

(a)refuses or fails to comply with any request made to him by a
census officer under subsection (1) or (2); or

(b)before the expiration of a period of 2 months from the date on
which any letter, mark, number or other means of identification
is painted or marked or affixed by a census officer under
subsection (2), removes or obliterates or alters such letter,
mark, number or other means of identification without the
permission of a census officer,

commits an offence.

16. Any person who enters or causes to be entered in any schedule
or return required to be completed or made by him under this Ordinance
any particular which he knows to be false or which he does not believe
to be true commits an offence.

17. Any person who obstructs any census officer acting in the
course of his duty under this Ordinance commits an offence.

l& Any person who-

(a)with the intention of obtaining any information from any
person, impersonates a census officer; or

(b)without lawful excuse, has in his possession any document
purporting to be a certificate issued under section 7(1) or
any insignia, arm band or other taken issued under section
7(3) or any insignia, arm band or token so nearly resembling
any such insignia, arm band or other token as to be likely
to deceive,
commits an offence.





19. Any census officer and any person engaged in the preparation
of any schedule, return, abstract, report or other document in connexion
with any statistical inquiry who

(a)without reasonable cause, refuses or neglects to comply with
any lawful instruction issued to him by the Commissioner;

(b)in the pretended performance of his duties under this
Ordinance, obtains or seeks to obtain any information which
he is not authorized to obtain; or

(c)knowingly makes any false return or alters any particular
contained in any such schedule, return, abstract, report or
other document with intent to falsify the same,

commits an offence.

20. Any person having the custody, whether on his own behalf or
on behalf of any other person, of

(a)any schedule completed or return made under this Ordin-, or

(b)any abstract, report or other document containing particulars
(other than particulars to which section 22(2) applies) obtained
in the course of any statistical inquiry which enable
identification of any individual or undertaking,

who fails to keep such schedule, return, abstract, report or other
document at all times in a manner reasonably calculated to prevent any
unauthorized person having access thereto commits an offence.

21. Any person who publishes or communicates any information
which to his knowledge has been disclosed in contravention of this
Ordinance to any other person commits an offence.

22. (1) Subject to subsections (2) and (3), any person who
publishes or shows to any person otherwise than in the performance of
any function under this Ordinance

(a)any schedule or other document or part thereof completed or
any return or part thereof made for any of the purposes of this
Ordinance;

(b)any answer given to any question put for any of the purposes
of this Ordinance; or

(c)any particulars obtained in the course of any statistical inquiry
which enable identification of an individual or undertaking,

commits an offence.

(2) Notwithstanding subsection (1), it shall not be an offence to
publish or show to any person any particulars referred to in subsection
(1)(c) which





(a)enable identification of an undertaking by reason only of the
fact that they relate to that undertaking as being within a
particular classification but do not enable identification of the
capital employed or profits arising in such undertaking;

(b)disclose in any directory of undertakings or otherwise any or
any combination of the following particulars, namely, the
name, the address, the type of business or the number of
employees of any undertaking.

(3) Nothing in this section shall be taken to prohibit-

(a)the publication by the Commissioner of any statistical
information in the form of abstracts, printed publications, press
releases or otherwise as he may deem fit:

Provided that in compiling any report, summary or
communication to the public of information obtained under this
Ordinance, the Commissioner shall so arrange it as to prevent
any particulars published therein (other than particulars to
which subsection (2) applies) from being identified as
particulars relating to any particular individual or undertaking
except with the previous consent in writing of the individual or,
as the case may be, of the person carrying on the undertaking;

(b)the production of such evidence as may be necessary for the
purpose of any proceedings instituted for an offence against
this Ordinance.

(4) The Commissioner shall not be required to disclose any
information obtained in the course of or as a result of any statistical
inquiry to or for inspection by or for the use of any other authority for
the purpose of or in connexion with the investigation of crime or the
assessment or levying of any tax.

23. (1) Any person who commits an offence under section 13, 14, 15
or 19(a) is liable to a fine of $500.

(2) Any person who commits an offence under section 16, 17, 18,
19(b) or (c), 20, 21 or 22 is liable to a fine of $5,000 and to imprisonment
for 6 months.

24. No prosecution for an offence against this Ordinance shall be
commenced without the written consent of the Attorney General.

25. No census officer nor any other person shall be required in any
civil or criminal proceedings whatsoever to give in evidence any
information relating to particulars concerning any person, institution or
undertaking obtained by him in the course of and as a result of his
connexion with any statistical inquiry or with the





preparation of any schedule, return, abstract, report or other document
compiled in connexion with such inquiry; and no schedule completed or
return made under this Ordinance, nor any abstract, report or other
document (other than an obstract, report or other document published in
accordance with section 22) which contains particulars relating to any
individual, institution or undertaking obtained in the course of and as a
result of any statistical inquiry, shall be admissible in evidence in any
such proceedings:

Provided that nothing in this section shall be taken to prohibit the
production of such evidence as may be necessary for the purpose of any
proceedings instituted for an offence against this Ordinance.

26. (1) The Governor in Council may by regulations provide for the
better carrying out of the provisions of this Ordinance.

(2) Regulations made under this section may provide that a
contravention of any specified provision of such regulations shall be an
offence and may prescribe penalties therefor not exceeding a fine of
51,000.

27. The Governor may, by order in the Gazette, amend the
Schedule.

28. (1) The Census Ordinance is repealed.

(2) This Ordinance shall apply in relation to information obtained in
the course of a census taken under the Census Ordinance as it applies in
relation to information obtained in the course of a statistical inquiry
carried out under this Ordinance.

(3) Any census directed to be taken under the Census Ordinance
which is not completed prior to the commencement of this Ordinance
may be continued and completed in all respects after the commencement
of this Ordinance as if it had been directed to be carried out by an order
under section 11.

SCHEDULE [ss. 6 and 27.]

Declaration to be completed by Census Officers

FORM 1

. .....................do solemnly and sincerely

declare that I will carry out my duty as a census officer to the best of my
ability and will faithfully record on any schedule completed by me on behalf
of any person all particulars reported to me by such person and will deliver
such schedule to my superior officer and will not otherwise disclose to any
person, except a person authorized to receive it, any information of which
I have become aware in the course of my duty as a census officer.

(Signed) ................................................

Date ......................................................
1978 ed cap 316 12 Originally 38 of 1978. Short title. Interpretation. Commissioner for Census and Statistics. Functions of Commissioner. Temporary employment of persons as census officers. Declaration of secrecy. Schedule. Identification of census officers. Power of Governor to give directions. Power to direct census of population to be taken. Enumeration of armed forces and travellers. Power to direct statistical surveys. Delivery of schedules. Completion and return of schedules. Questions by census officers to be answered. Duty of occupiers to grant access to premises. False entries in schedules or returns. Obstructing census officers. Impersonation of census officers, etc. Offences by census officers. Custody of documents. Offence to publish information knowingly received in contravention of Ordinance. Restriction on publication and disclosure. Penalties. Consent of Attorney General required for prosecution of offences. Information obtained by statistical inquiry not admissible in evidence. Regulations. Amendment of Schedule. Repeal and transitional. (Cap. 316, 1964 Ed.)

Originally 38 of 1978. Short title. Interpretation. Commissioner for Census and Statistics. Functions of Commissioner. Temporary employment of persons as census officers. Declaration of secrecy. Schedule. Identification of census officers. Power of Governor to give directions. Power to direct census of population to be taken. Enumeration of armed forces and travellers. Power to direct statistical surveys. Delivery of schedules. Completion and return of schedules. Questions by census officers to be answered. Duty of occupiers to grant access to premises. False entries in schedules or returns. Obstructing census officers. Impersonation of census officers, etc. Offences by census officers. Custody of documents. Offence to publish information knowingly received in contravention of Ordinance. Restriction on publication and disclosure. Penalties. Consent of Attorney General required for prosecution of offences. Information obtained by statistical inquiry not admissible in evidence. Regulations. Amendment of Schedule. Repeal and transitional. (Cap. 316, 1964 Ed.)

https://oelawhk.lib.hku.hk/items/show/3210

COLONY ARMORIAL BEARINGS (PROTECTION) ORDINANCE

LAWS OF HONG KONG

COLONY ARMORIAL BEARINGS (PROTECTION)

ORDINANCE

CHAPTER 315

c,

REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 315.

COLONY ARMORIAL BEARINGS (PROTECTION).

To prohibit the unauthorized making, displaying in public, sale or

exposing for sale or possession for sale, or use, of copies of the
Colony Armorial Bearings.

[27th November, 1959.]

1. This Ordinance may be cited as the Colony Armorial Bearings
(Protection) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Armorial Bearings' means the armorial ensigns and supporters

granted and assigned for the Colony under Royal Warrant dated
the 21st day of January, 1959.

3. Except with the written permission of the Colonial Secretary,
which may be given in general or particular terms, and subject to such
conditions. if any, prescribed therein, no person shall

(a)in any manner or in connexion with any matter whatsoever,
make, display in public, or sell or expose for or have in his
possession for sale; or

(b)in connexion with any business, trade, calling or profession,
use,

any copy of the Armorial Bearings; or any bearings, crest, arms. badge,
token, emblem, device or thing so closely resembling the Armorial
Bearings as to lead to the belief that the bearings, crest arms, badge,
token, emblem, device or thing in question is such Armorial Bearings.

4. Any person who contravenes the provisions of section 3 shall be
liable to a fine of five thousand dollars and to imprisonment for three
months.
Originally 38 of 1939. Short title. Interpretation. Prohibition. Penalty.

Originally 38 of 1939. Short title. Interpretation. Prohibition. Penalty.

https://oelawhk.lib.hku.hk/items/show/3209

OCCUPIERS LIABILITY ORDINANCE

LAWS OF HONG KONG

OCCUPIERS LIABILITY ORDINANCE

CHAPTER 314

REVISED EDITION 1964

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 314.

OCCUPIERS LIABILITY ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section. Page.
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

LIABILITY IN TORT.

2..........Preliminary ....................... ... ... ... ... ... ... ... ... 2

3........................Extent of occupier's ordinary duty ... ... ... ... ... ... ... 2

4.................................Effect of contract on occupier's liability to third party ... ... ... 3

5...............................Landlord's liability in virtue of obligation to repair ... ... ... ... 4

LIABILITY IN CONTRACT.

6...................Implied term in contracts ... ... ... . ... ... ... ... 5

GENERAL.

7. Application to Crown........... ... ... ... ... ... ... ... ... ... 6





CHAPTER 314.

OCCUPIERS LIABILITY.

To amend the law as to the liability of occupiers and others for injury
or damage resulting to persons or goods lawfully on any land or
other property from dangers due to the state of the property or to
things done or omitted to be done there, and for purposes
connected therewith.

[1st April, 1960.]

1. This Ordinance may be cited as the Occupiers Liability
Ordinance.

LIABILITY IN TORT.

2. (1) The rules enacted by sections 3 and 4 shall have effect, in
place of the rules of the common law, to regulate the duty which an
occupier of premises owes to his visitors in respect of dangers due to
the state of the premises or to things done or omitted to be done on
them.

(2) The rules so enacted shall regulate the nature of the duty
imposed by law in consequence of a person's occupation or control of
premises and of any invitation or permission he gives (or is to be treated
as giving) to another to enter or use the premises. but they shall not
alter the rules of the common law as to the persons on whom a duty is
so imposed or to whom it is owed; and accordingly for the purpose of
the rules so enacted the persons who are to be treated as an occupier
and as his visitors are the same as the persons who would at common
law be treated as an occupier and as his invitees or licensees.

(3) The rules so enacted in relation to an occupier of premises and
his visitors shall also apply, in like manner and to the like extent as the
principles applicable at common law to an occupier of premises and his
invitees or licensees would apply, to regulate

(a)the obligations of a person occupying or having control over
any fixed or movable structure, including any vessel, vehicle
or aircraft; and

(b)the obligations of a person occupying or having control over
any premises or structure in respect of damage to property,
including the property of persons who are not themselves his
visitors.

3. (1) An occupier of premises owes the same duty, the 'common
duty of care', to all his visitors. except in so far as he is free to and does
extend, restrict. modify or exclude his duty to any visitor or visitors by
agreement or otherwise.





1 (2) The common duty of care is a duty to take such care as in all the
circumstances of the case is reasonable to see that the visitor will be
reasonably safe in using the premises for the purposes for which he is
invited or permitted by the occupier to be there.

(3) The circumstances relevant for the present purpose include the
degree of care, and of want of care, which would ordinarily be looked for
in such a visitor, so that (for example) in proper cases

(a)an occupier must be prepared for children to be less careful
than adults; and

(b)an occupier may expect that a person, in the exercise of his
calling, will appreciate and guard against any special risks
ordinarily incident to it, so far as the occupier leaves him free
to do so.

(4) In determining whether the occupier of premises has discharged
the common duty of care to a visitor, regard is to be had to all the
circumstances, so that (for example)

(a)where damage is caused to a visitor by a danger of which he
had been warned by the occupier, the warning is not to be
treated without more as absolving the occupier from liability,
unless in all the circumstances it was enough to enable the
visitor to be reasonably safe; and

(b)where damage is caused to a visitor by a danger due to the
faulty execution of any work of construction, maintenance or
repair by an independent contractor employed by the
occupier, the occupier is not to be treated without more as
answerable for the danger if in all the circumstances he had
acted reasonably in entrusting the work to an independent
contractor and had taken such steps (if any) as he reasonably
ought in order to satisfy himself that the contractor was
competent and that the work had been properly done.

(5) The common duty of care does not impose on an occupier any
obligation to a visitor in respect of risks willingly accepted as his by the
visitor (the question whether a risk was so accepted to be decided on
the same principles as in other cases in which one person owes a duty
of care to another).

(6) For the purposes of this section, persons who enter premises
for any purpose in the exercise of a right conferred by law are to be
treated as permitted by the occupier to be there for that purposes,
whether they in fact have his permission or not.

4. (1) Where an occupier of premises is bound by contract to permit
persons who are strangers to the contract to enter or use the premises,
the duty of care which he owes to them as his visitors cannot be
restricted or excluded by that contract, but (subject to any provision of
the contract to the contrary) shall





include the duty to perform his obligations under the contract, whether
undertaken for their protection or not, in so far as those obligations go
beyond the obligations otherwise involved in that duty.

(2) A contract shall not by virtue of this section have the effect,
unless it expressly so provides, of making an occupier who has taken all
reasonable care answerable to strangers to the contract for dangers due
to the faulty execution of any work of construction, maintenance or
repair or other like operation by persons other than himself, his servants
and persons acting under his direction and control.

(3) In this section 'stranger to the contract means a person not for
the time being entitled to the benefit of the contract as a party to it or as
the successor by assignment or otherwise of a party to it, and
accordingly includes a party to the contract who has ceased to be so
entitled.

(4) Where by the terms or conditions governing any tenancy
(including a statutory tenancy which does not in law amount to a
tenancy) either the landlord or the tenant is bound, though not by
contract to permit persons to enter or use premises of which he is the
occupier, this section shall apply as if the tenancy were a contract
between the landlord and the tenant.

(5) This section, in so far as it prevents the common duty of care
from being restricted or excluded, applies to contracts entered into and
tenancies created before the commencement of this Ordinance, as well
as to those entered into or created after its commencement; but, in so far
as it enlarges the duty owed by an occupier beyond the common duty
of care, it shall have effect only in relation to obligations which are.
undertaken after that commencement or which are renewed by
agreement (whether express or implied) after that commencement.

5. (1) Where premises are occupied by any person under a tenancy
which puts on the landlord an obligation to that person for the
maintenance or repair of the premises, the landlord shall owe to all
persons who or whose goods may from time to time be lawfully on the
premises the same duty, in respect of dangers arising from any default
by him in carrying out that obligation, as if he were an occupier of the
premises and those persons or their goods were there by his invitation
or permission (but without any contract).

(2) Where premises are occupied under a sub-tenancy, subsection
(1) shall apply to any landlord of the premises (whether the immediate or
a superior landlord) on whom an obligation to the occupier for the
maintenance or repair of the premises is put by the sub-tenancy, and for
that purpose any obligation to the occupier which the sub-tenancy puts
on a mesne landlord of the premises. or is treated by virtue of this
provision as putting on a





mesne landlord, shall be treated as put by it also on any landlord on
whom the mesne landlord's tenancy puts the like obligation towards the
mesne landlord.

(3) For the purposes of this section, where premises comprised in a
tenancy (whether occupied under that tenancy or under a sub-tenancy)
are put to a use not permitted by the tenancy, and the landlord of whom
they are held under the tenancy is not debarred by his acquiescence or
otherwise from objecting or from enforcing his objection, then no
persons or goods whose presence on the premises is due solely to that
use of the premises shall be deemed to be lawfully on the premises as
regards that landlord or any superior landlord of the premises, whether
or not they are lawfully there as regards an inferior landlord.

(4) For the purposes of this section, a landlord shall not be deemed
to have made default in carrying out any obligation to the occupier of
the premises unless his default is such as to be actionable at the suit of
the occupier or, in the case of a superior landlord whose actual
obligation is to an inferior landlord, his default in carrying out that
obligation is actionable at the suit of the inferior landlord.

(5) This section shall not put a landlord of premises under a greater
duty than the occupier to persons who or whose goods are lawfully on
the premises by reason only of the exercise of a right of way.

(6) Nothing in this section shall relieve a landlord of any duty
which he is under apart from this section.

(7) For the purposes of this section, obligations imposed by any
enactment in virtue of a tenancy shall be treated as imposed by the
tenancy, and 'tenancy' includes a statutory tenancy which does not in
law amount to a tenancy, and includes also any contract conferring a
right of occupation, and 'landlord' shall be construed accordingly.

(8) This section applies to tenancies created before the
commencement of this Ordinance, as well as to those created after its
commencement.

LIABILITY IN
CONTRACT.

6. (1) Where persons enter or use, or bring or send goods to, any
premises in exercise of a right conferred by contract with a person
occupying or having control of the premises, the duty he owes them in
respect of dangers due to the state of the premises or to things done or
omitted to be done on them, in so far as the duty depends on a term to
be implied in the contract by reason of its conferring that right, shall be
the common duty of care.

(2) Subsection (1) shall apply to fixed and movable structures as it
applies to premises.





(3) This section does not affect the obligations imposed on a
person by or by virtue of any contract for the hire of, or for the
carriage for reward of persons or goods in, any vehicle, vessel,
aircraft or other means of transport, or by or by virtue of any
contract of bailment.

(4) This section does not apply to contracts entered into
before the commencement of this Ordinance.

GENERAL.

7. This Ordinance shall bind the Crown, but as regards the
Crown's liability in tort shall not bind the Crown further than the
Crown is made liable in tort by the Crown Proceedings Ordinance
and that Ordinance and in particular section 4 of it shall apply
in relation to duties under sections 3 to 5 of this Ordinance as
statutory duties.
Originally 36 of 1959. Short title. Preliminary. 5 & 6 Eliz. 2, c. 31, s. 1. Extent of occupier's ordinary duty. 5 & 6 Eliz. 2, c. 31, s. 2. Effect of contract on occupier's liability to third party. 5 & 6 Eliz. 2, c. 31, s. 3. Landlord's liability in virtue of obligation to repair. 5 & 6 Eliz. 2, c. 31, s. 4. Implied term in contracts. 5 & 6 Eliz. 2, c. 31, s. 5. Application to Crown. 5 & 6 Eliz. 2, c. 31, s. 6. (Cap. 300.)

Originally 36 of 1959. Short title. Preliminary. 5 & 6 Eliz. 2, c. 31, s. 1. Extent of occupier's ordinary duty. 5 & 6 Eliz. 2, c. 31, s. 2. Effect of contract on occupier's liability to third party. 5 & 6 Eliz. 2, c. 31, s. 3. Landlord's liability in virtue of obligation to repair. 5 & 6 Eliz. 2, c. 31, s. 4. Implied term in contracts. 5 & 6 Eliz. 2, c. 31, s. 5. Application to Crown. 5 & 6 Eliz. 2, c. 31, s. 6. (Cap. 300.)

https://oelawhk.lib.hku.hk/items/show/3208

SHIPPING AND PORT CONTROL (LOCAL CERTIFICATE OF COMPETENCY EXPIRY AND REVALIDATION) RULES

SHIPPING AND PORT CONTROL (LOCAL CERTIFICATE
OF COMPETENCY EXPIRY AND REVALIDATION) RULES

(Cap. 313, section 29)

[8 August 1986.1

1. These rules may be cited as the Shipping and Port Control
(Local Certificate of Competency Expiry and Revalidation) Rules.

2. (1) Subject to paragraphs (2), (3) and (4) a local certificate
of competency shall cease to have effect upon the holder attaining
the age of 65 years.

(2) A holder of a local certificate of competency who wishes to
have its validity extended beyond the date of his attaining the age of
65 years may apply for such extension not more than 6 months prior
to attaining that age, and if the Director is satisfied on documentary
or other evidence of the holder's continued competency and physical
fitness, including adequate vision, he shall endorse the certificate as
valid for a further period of 3 years from the date of the holder
attaining the age of 65 years.

(3) The provisions of paragraph (2) shall apply in like manner
in the case of a holder of a local certificate of competency who
wishes to have its validity extended beyond the date on which he
attains the age of 68 years.

(4) The provisions of paragraph (2) shall apply in the case of a
holder of a local certificate of competency who wishes to have its
validity extended beyond the date on which he attains the age of 71
years with the following modifications-

(a)application shall be made not more than 3 months before
the expiry of the certificate;

(b)each extension that is granted shall only be for a period of
12 months from the holder's next birthday.
L.N. 189/86. Citation. Extension of certificates beyond age 65.

L.N. 189/86. Citation. Extension of certificates beyond age 65.

https://oelawhk.lib.hku.hk/items/show/3207

SHIPPING AND PORT CONTROL (PLEASURE VESSELS) (CERTIFICATES OF COMPETENCY) RULES

SHIPPING AND PORT CONTROL (PLEASURE VESSELS)
(CERTIFICATES OF COMPETENCY) RULES

ARRANGEMENT OF RULES
Rule Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 82

2. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... S2

3. Types of pleasure vessel certificates of competency ... 1 . ... ... ... S2

4. Recognition of equivalent certificates of competency ... ... ... ... ... ... S3

5. Exemption from examination in parts of syllabus ... ... ... ... ... ... ... S3

6. Requirements for pleasure vessel certificates of competency ... ... ... ... ... S4

7. Grant and surrender of certificates ... ... ... ... ... ... ... ... ... ... S4

8. Copies of certificates ... ... ... ... ... ... ... ... ... ... ... ... ... S4

9. Additional endorsements of certificates... ... ... ... ... ... ... ... ... S4

10. Record of certificates ... ... ... ... ... ... ... ... ... ... ... ... ... S5

11. Verification of qualifications, etc. ... ... ... ... ... ... ... ... ... ... S5

12. Appeals from decisions of examiners ... ... ... ... ... ... ... ... ... ... S5

13. Re-examination of holders of certificates ... ... ... ... ... ... ... ... S5

First Schedule. Recognition of Equivalent Certificates ... ... ... ... ... ... S6
Second Schedule. Examination Procedure ... ... ... ... ... ... ... ... ... ... S6
Third Schedule. Eligibility for Examination ... ... ... ... ... ... ... ... ... S8

Fourth Schedule. Syllabus for Pleasure Vessel Master Grade II ... ... ... ... ... S9
Fifth Schedule. Syllabus for Pleasure Vessel Master Grade I ... ... ... ... ... S11
Sixth Schedule. Syllabus for Pleasure Vessel Engineer Grade II ... ... ... ... S12
Seventh Schedule. Syllabus for Pleasure Vessel Engineer Grade I ... ... ... ... S13

Eighth Schedule. Form of Pleasure Vessel Certificate of Competency ... ... ... ... S15





SHIPPING AND PORT CONTROL (PLEASURE VESSELS)
(CERTIFICATES OF COMPETENCY) RULES

(Cap. 313, section 29)

[8 August 1986.1

1. These rules may be cited as the Shipping and Port Control
(Pleasure Vessels) (Certificates of Competency) Rules.

2. In these rules, unless the context otherwise requires

'approved' means approved by the Director;

'examiner' means an examiner appointed under section 29 of the
Ordinance;

'Examination Centre' means the Examination Centre of the Marine
Department;

'length' means length overall;

'pleasure vessel' has the meaning assigned to it in the Merchant
Shipping (Pleasure Vessels) Regulations;

'pleasure vessel certificate of competency' means a local certificate of
competency issued in respect of a pleasure vessel under section 29
of the Ordinance or under these rules.

3. A pleasure vessel certificate of competency shall, according to
the standards attained by the candidate, be issued in one or more of the
following grades

-Pleasure Vessel Master Grade I, which, subject to rule 9(1) shall be
endorsed as valid for vessels of not more than 20 m in length;

-Pleasure Vessel Master Grade 11, which shall be endorsed as valid
for vessels of not more than 13.7 m in length;

-Pleasure Vessel Engineer Grade 1, which, subject to rule 9(2)shall be
endorsed as valid

(a)for vessels with diesel engines, none of which is of more
than 750 kW power; or

(b)for vessels with petrol engines, none of which is of more
than 750 kW power; or

(c) for both types of vessel;

-Pleasure Vessel Engineer Grade 11, which shall be endorsed as valid

(a)for vessels with inboard diesel engines, none of which is
of more than 120 kW power; or

(b)for vessels with inboard petrol engines, none of which is
of more than 120 kW power; or





(c) for vessels with outboard engines.

4. (1) A valid local certificate of competency of the type
specified in the first column of Part 1 of the First Schedule shall be
recognized as equivalent to a pleasure vessel certificate of com-
petency of the type shown opposite thereto in the second column
of Part 1 of that Schedule, subject to any endorsement on such
certificate as to the length of the vessel and the type of engine.
(2) A valid local certificate of competency of the type specified
in the first column of Part 11 of the First Schedule and issued before
the commencement of these rules shall be recognized as equivalent
to a pleasure vessel certificate of competency of the type shown
opposite thereto in the second column of Part 11 of that Schedule,
subject to any endorsement on such certificate as to the length of the
vessel and the type of engine.
(3) A person who is the holder of a valid local certificate of
competency which, under paragraph (2), is recognized as equivalent
to a pleasure vessel certificate of competency as a Pleasure Vessel
Master Grade 11 shall, upon application to the Director, be granted
a pleasure vessel certificate of competency as a Pleasure Vessel
Master Grade 1, if the Director is satisfied that that person has been
the competent owner, part owner or operator of a vessel of more
than 13.7 m in length for a period of not less than one year during
the 3 years preceding the coming into operation of these rules.
(4) A person who is the holder of a valid local certificate of
competency which, under paragraph (1), is recognized as equivalent
to a certificate of competency as Pleasure Vessel Engineer Grade 1
with an endorsement of validity for vessels with diesel engines,
shall-
(a) upon application to the Director; and
(b)if the Director is satisfied that that person has been
operating a pleasure vessel fitted with a petrol engine either
for a period of not less than one year in the 3 years
preceding, or for a period of one year immediately follow-
ing, the coming into operation of these rules,
be granted, a certificate of competency as a Pleasure Vessel Engineer
Grade 1 or Grade 11 depending upon the power of the petrol engine
he has been operating, with an endorsement of validity for vessels
with petrol engines.

5. If an applicant for a pleasure vessel certificate of com-
petency is the holder of a certificate of competency issued by the
Director under the Merchant Shipping (Certification of Officers)
Regulations or by any other competent authority, and if, in the
opinion of the Director, such certificate is evidence that the holder
has attained a sufficient standard of competency in any part of any
of the syllabuses set out in the Fourth to the Seventh Schedules, the
Director may exempt the applicant from being examined in that part
of that syllabus.





6. (1) The procedures relating to applications for the issue of
pleasure vessel certificates of competency, the conduct of examinations,
the method of granting certificates, the conditions for eligibility of
candidates, the syllabuses for and standards to be attained by
candidates in such examinations and the form of the certificate shall be
as set out in the Second to the Eighth Schedules.

(2) An applicant for a pleasure vessel certificate of competency
shall not be required to have served on a pleasure vessel for any
specified period.

7. (1) Subject to rule 4(3) and (4), a pleasure vessel certificate of
competency shall only be granted upon the Director being satisfied that
the applicant is capable of acting competently in the capacity to which
the certificate relates as shown by the applicant either passing the
relevant examination or being exempted under rule 5 from part of the
examination, and that the applicant is in all respects a fit person to be
the holder of such a certificate.

(2) Where the holder of a pleasure vessel certificate of competency
of a particular class issued under these rules is issued with a certificate
of a higher class, he shall surrender the certificate of the lower class to
the Director.

8. (1) If a person entitled to a pleasure vessel certificate of
competency proves to the satisfaction of the Director that the certificate
has been lost or destroyed, the Director shall, upon payment of the
prescribed fee, if any, cause to be issued a copy of the certificate,
certified as such, which shall have the same effect as the certificate
originally issued.

(2) An application for a certified copy of a lost certificate should be
made at the Examination Centre, accompanied by the prescribed fee. A
declaration as to the circumstances in which the certificate was lost
must be made by the applicant before an examiner.

(3) If at any time after the issue of a certified copy of a pleasure
vessel certificate of competency the original certificate is found by the
person to whom it was issued, that person shall return the original
certificate as soon as possible to the Director.

9. (1) The holder of a pleasure vessel certificate of compentency
valid for pleasure vessels of not more than 20 m in length
who wishes to operate a pleasure vessel in excess of that length may
apply to be examined by an examiner in the practical handling of
such a vessel. If he passes the examination, his certificate will be
endorsed suitably.

(2) The holder of a pleasure vessel certificate of competency
valid for pleasure vessels with engines none of which is of more than
750 kW power who wishes to be in charge of the engines of a
pleasure vessel in excess of that power may apply to be examined by
an examiner to demonstrate his competence on such a vessel. If he
passes the examination, his certificate will be endorsed suitably.




10. A record of all pleasure vessel certificates of competency
issued under these rules and of the suspension, cancellation or
alteration of, and any other matters affecting such certificates, shall be
kept by the Director.

11. (1) The examiner shall not permit a candidate to take any
examination under these rules unless he is satisfied that the candidate

(a) is eligible to take the examination; and

(b)is the person in respect of whom the application for the
examination has been made.

(2) If before the commencement, or during the course, of an
examination, the examiner becomes aware that any candidate has any
physical or other disability which in his opinion would render the
candidate incapable of performing the duties of a master or engineer, as
the case may be, of a pleasure vessel, the examiner shall not permit the
candidate to take or complete the examination.

(3) Where the examiner does not permit a candidate to take or
complete an examination under paragraph (1) or (2)

(a)he shall state his reasons therefor on the candidate's
application form and send the form to the Director; and

(b) the fee paid by the candidate shall be refunded.

12. (1) Any person who considers himself aggrieved by any
decision of an examiner may appeal in writing to the Director.

(2) The Director may confirm, vary or reverse any such decision or
substitute therefor such other decision as he may think fit.

13. (1) If the Director is of the opinion that the holder of a pleasure
vessel certificate of competency is, due to age, illness or physical
disability, likely to be incapable of performing the duties of a master or
engineer, as the case may be, of a pleasure vessel, the Director may by
notice in writing to the holder of the certificate require him to undergo,
within the period specified in the notice, a medical examination or a sight
test or both.

(2) If the holder of a pleasure vessel certificate of competency who
is required to undergo a medical examination or sight test under
paragraph (1)

(a)fails or refuses without reasonable excuse to undergo the
medical examination or sight test within the period specified in
the notice; or

1 (b) does not pass the medical examination or sight test,


the Director may by notice in writing sent to the holder cancel the
certificate.





(3) Where a pleasure vessel certificate of competency is cancelled
under paragraph (2) the holder shall forthwith deliver the certificate to
the Director.

FIRST SCHEDULE [rule 4.1

RECOGNITION OF EQUIVALENT
CERTIFICATES

PART 1

Certificate held under the MerchantEquivalent local certificate of
Shipping (Launches and Ferry Vessels)competency for purpose of Merchant
Regulations or the Merchant ShippingShipping (Pleasure Vessels)
(Miscellaneous Craft) RegulationsRegulations

Type of Certificate

Local certificate of competency as Pleasure Vessel Master Grade 1
master of a vessel of 300 tons and (valid for vessels of more than 20 m
under in length)
Local certificate of competency as Pleasure Vessel Master Grade I
master of a vessel of 60 tons and (valid for vessels of not more than
under 20 m in length)
Local certificate of competency as Pleasure Vessel Engineer Grade 1
engineer for a vessel with engines of (valid for vessels with diesel engines)
upto 150 hp or over 150 hp

PART II

Certificate held under the MerchantEquivalent local certificate of
Shipping (Pleasure Vessels) competency for purpose of Merchant

Regulations before commencement of Shipping (Pleasure Vessels)
the Shipping and Port Control Regulations after commencement of
the
(Pleasure Vessels) (Certificates of Shipping and Port Control (Pleasure
Competency) Rules Vessels) (Certificates of Competency)
Rules
Type of Certificate
Local certificate of competency as Pleasure Vessel Master Grade II
master of a vessel of 15 tons and (valid for vessels of not more than
under, endorsed 'valid for privately 13.7 m in length-but subject to
owned pleasure craft only' rule 4(3))
Local certificate of competency Pleasure Vessel Engineer Grade 1
as engineer endorsed 'valid for (valid only for vessels with the type
privately owned pleasure craft of engine endorsed)
only'

SECOND SCHEDULE [rule 6.1

EXAMINATION
PROCEDURE

1 How to Apply

1. 1. Candidates for a local certificate of competency as Master or Engineer of
a Pleasure Vessel (known as a Pleasure Vessel Certificate of Competency)
should complete an application form obtainable from the Marine Department
Examination Centre. The completed form with photograph attached together
with the appropriate fee should be submitted to the Marine Department
Examination Centre.





2. Proof of Identity

2.1. Candidates when applying and subsequently when appearing for the
examination must produce to the examiner or his deputy a Hong Kong
Identity Card, or other acceptable proof of identity.

3. Punctuality

3.1. Candidates must appear punctually for the examination at the time
appointed.

3.2. A candidate who does not appear punctually for the examination at the
time appointed will be regarded as having failed the examination and will
forfeit the examination fee unless he produces a medical certificate or other
satisfactory evidence of his inability to attend the examination.

4. Fees

4.1. The fees payable for sitting an examination and for the grant of a
certificate are those prescribed by the Merchant Shipping (Fees) Regulations.

5. Cancellation of Examination

5.1. A candidate may cancel or postpone the taking of an examination by
advising the examiner in writing at least 3 days before the day appointed for
the examination. Subject to regulation 11A of the Merchant Shipping (Fees)
Regulations, any fee paid in respect of such cancelled or postponed
examination shall either be refunded to the candidate or, if he so requests, be
held to his credit for a future examination. Only one postponement of an
examination will be permitted unless there are exceptional circumstances
warranting a second postponement.

5.2. In any case where an examination is cancelled or postponed other
than
in accordance with paragraph 5. 1, the fees will not be refunded.

6. Strangers not admitted

6.1. No persons other than candidates and those whose duties require
them
to be present will be allowed in the examination room during the examination.

7. Loose Papers and Books

7.1. Before the examination begins, the examiner will ensure that the tables
and desks are cleared of all scraps of paper and books (other than those
permitted in the examination room).

8. Leaving Room

8.1. Candidates who have completed the examination may surrender both
question and answer papers to the examiner and request permission to leave
the examination room. A candidate who fails to surrender both papers will be
regarded as having failed the examination.

9. Silence

9.1. Silence must be observed in the examination room.

10. Penalty for Copying

10.1. Any candidate who is discovered-

(a) referring to an unauthorized book or paper;







(b) copying from another person;

(c) giving assistance or information to another person;

(d) accepting assistance or information from another person;

(e) communicating in any way with any person other than the
examiner;

(f)making a copy of any part of the question paper to take out of the
examination room; or

(g) damaging or defacing the question paper,





during the course of an examination will be regarded as having failed the
examination and will not be allowed to present himself for re-examination for
a period of 6 months.

10.2. A candidate who contravenes paragraph 10.1 on more than one
occasion will not be allowed to present himself for re-examination until 12
months have elapsed from the date of the last contravention.

11. Penalty for Breach of Rules

11.1. Where the Director is satisfied that a candidate has contravened these
rules, or has been guilty of insolence to an examiner, or of disorderly or
improper conduct in or about the examination room, the Director may
postpone the candidate's examination, or, if the candidate has attempted the
examination, he will be considered to have failed and will not be accepted for
re-examination for such period as may be decided by the Director.

12. Issue of Certificates after Examination

12.1. Candidates will receive a letter advising them of their success or failure.
Successful candidates will be notified when their certificate is available for issue
at the Marine Department Examination Centre. The letter should be produced
when requesting the certificate, or in the case of unsuccessful candidates when
making application for a further examination.

13. Examination

13.1. An examination will be conducted in English or Chinese according to
the requirements of the candidate.

THIRD SCHEDULE [rule 6.]

ELIGIBILITY FOR EXAMINATION

Pleasure Vessel Master Grade 11

A candidate must

(a) be not less than 18 years of age; and

(b) have passed the sight test within the previous 12 months. (See below)

Pleasure Vessel Master Grade I

A candidate must

(a) he not less than 21 years of age;

(b)hold a valid local certificate of competency as Pleasure Vessel Master
Grade 11; and

(c) have passed the sight test within the previous 12 months. (See below)

Pleasure Vessel Engineer Grade II

A candidate must be not less than 18 years of age.

Pleasure Vessel Engineer Grade I

A candidate must

(a) be not less than 21 years of age; and

(b)hold a valid local certificate of competency as Pleasure Vessel Engineer
Grade II endorsed for the type of engine on which he elects to be






examined.

Sight Test

Candidates for a pleasure vessel certificate of competency as Master must
pass a sight test for form vision and colour vision. Spectacles or contact lenses
may be worn during the test.

Any candidate who fails the colour vision test will have his certificate of
competency endorsed 'Valid for use between sunrise and sunset only'.

A candidate who fails the form vision test or the colour vision test may,
on payment of the prescribed fee, apply for a further sight test on appeal.





FOURTH SCHEDULE [rules 4 6.]

SYLLABUS FOR. PLEASURE VESSEL MASTER GRADE II

The examination comprises a 45 minute written paper on the following
subjects

Local Knowledge

(i) Victoria Harbour-prohibited areas and restricted anchorage areas, main
fairways, main ferry routes and harbour limits.

(ii) Traffic Separation Schemes, location of typhoon shelters, boundary of
Hong Kong waters, ferry routes to outlying districts, firing practice areas,
established dumping and spoil grounds.

(iii) Speed restrictions in Victoria Harbour, typhoon shelters and other areas.

(iv) Use of public piers and typhoon shelters.

(v) Penalty for pollution of the water and the dumping of refuse.

(vi) Knowledge of the duties and obligations of the owner and master of a
pleasure vessel under the Shipping and Port Control Ordinance, the
Shipping and Port Control Regulations, the Merchant Shipping
Ordinance and the Merchant Shipping (Pleasure Vessel) Regulations.

(vii) Contents of current Marine Department Notices applicable to pleasure
vessels as regards their navigation and safety.

(viii) The procedure for reporting accidents.

2. Seamanship

(A) Nautical terms

(i) Ability to report the approximate bearing of an object in degrees or
points relative to the vessel.

(B) Safety

(i) Knowledge and use of safety equipment carried on pleasure vessels, its
maintenance and stowage.

(ii) The selection of lifejackets or buoyancy aids for adults or children and
their appropriate uses.

(iii) Precautions against the outbreak of fire and explosion especially LPG
installations and the stowage of petrol and diesel fuel.

(iv) Methods of dealing with an outbreak of fire.

(v) Precautions to be observed when towing a water skier and the use and
meaning of signals between observer and skier, The reason for the use of
a lifejacket or buoyancy aid by the skier.

(vi) Action to be taken in unusual circumstances-collisions, stranding and
accidental grounding, methods to check the ingress of water, man
overboard, loss of propeller or rudder, freeing a fouled propeller.

(vii) Assisting a person or vessel in distress. (viii) Indications of lack of
stability.

(ix) Preparing a vessel to ride out a typhoon whilst at her mooring.







(x) The safe use of small fenders for pleasure vessels.

(C) Handling of Craft

(i)Berthing alongside, and unberthing from, jetties and piers, making due
allowance for the effects of wind and tide.

(ii) Method of approach and securing to a mooring buoy.

(iii) Preparations for anchoring, anchoring in an open roadstead, and in a
confined space making due allowance for the effects of wind and tide and
the presence of other anchored craft.

(iv) Effect of propellers on manoeuvring of single and twin screw craft.

(v) Precautions to be observed in manoeuvring in congested waters where
other vessels may be obscured by intervening obstructions.

(vi) Precautions and handling in heavy weather.





(D) Regulations for Preventing Collisions at Sea

(i)General knowledge of Parts A B of the International Regulations for
Preventing Collisions at Sea (Rules 1-9, 11-19).

(ii) Detailed knowledge of the lights carried by vessels of less than 12 m and
of the position in which they are carried, including the technical details of
positions of these lights contained in Annex 1 of the Regulations (Rules
21, 22, 23 27 Annex 1).

(iii)Recognition of the lights and shapes carried by(a)
Power driven vessels of any length.

(b) Sailing vessels of any length.
(c) Vessels towing or pushing.

(d) Vessels not under command or restricted in their ability to
manoeuvre. (e) Fishing vessels.

(f) Pilot vessels.
(g) Anchored vessels of any length,

(iv) Signals in restricted visibility.

(v) Manoeuvring and warning signals.

(vi) Distress signals.

(vii)Action to be taken by small craft when navigating in the vicinity of
Traffic Separation Schemes in Hong Kong waters.

(viii) Local regulations for collision avoidance for vessels in and crossing a
fairway.

3. Navigation and Pilotage

(A) Compass

(i) Boxing the compass in points (Quadrantal excluding the 'by' points).

(B) Chartwork

(i)Ability to interpret the information given on an Admiralty Chart and the
meaning of the symbols as regards water depth, buoys, lights, contour
lines, pipelines, submarine cables, wrecks, danger line, rocks, stream and
current.

(ii) Use of tide tables, tidal stream atlas and tidal information on charts for
Hong Kong waters.

(C) Pilotage

(i) I.A.L.A. Maritime Buoyage System for Region A.

(ii) Use of transit bearings.

(iii) Preparation of a navigation plan for a short voyage by day or by night.

(iv) Precautions and actions to be taken when navigating in restricted
visibility.

(v)Selection of safe anchorage having regard to existing circumstances and
conditions.

4. Signals







(i) Recognition and meaning of single flag hoists A and B.

(ii) Signals for vessels engaged in dredging, salvage, boring or hydrographic
surveys.

(iii)Local signals for dynamically supported craft-jetfoils and hovercraft,
bunk-er barges.

(iv) Meaning of signals 'L' by flag, morse light or sound and action to be
taken.

5. Meteorology

(i)Knowledge of sources of broadcast meteorological information for Hong
Kong waters.

(ii) Recognition of local storm signals, their meaning and location of
stations.

(iii) Beaufort scale of wind.





FIFTH SCHEDULE [rules 4 6.]

SYLLAUBS FOR PLEASURE VESSEL MASTER GRADE 1

The examination comprises a 1 hour 50 minutes written paper on Navigation
and an oral examination on Seamanship, covering the following subjects

(A) Navigation (Written)

1.To express a position on a chart in terms of latitude and longitude or
bearing and distance from a charted object.

2.Given the latitude and longitude, or bearing and distance from a charted
object, to plot the position on a chart.

3.Given a table of deviations to convert true courses to compass courses and
vice versa.

4.To find the compass course and distance between 2 positions, and, given
the vessel's speed, to calculate the estimated time of arrival (E.T.A.).

5.Given compass courses steered and distances run, to work up the dead
reckoning (D.R.) position by plotting on the chart.

6.Given compass course steered, the speed of the vessel and the direction and
rate of the tidal stream or current, to find the course and speed made good
over the ground (ground track angle).

7.To find the compass course to steer to make allowance for leeway and/or
tidal stream or current so as to achieve a specified course made good.

8.Given compass course steered, distances run or speed of ship and time
intervals, direction and rate of tidal stream or current and leeway
allowance, to -find the estimated position (E.P.) by plotting on a chart.

9.To fix the vessel's position on a chart by simultaneous cross bearings,
bearings and ranges or by radio direction finder (D.F.) bearings.

10. To find the vessel's approximate position from a line of soundings.

11. Use of clearing lines and transits.

12. Full knowledge of important chart symbols.

13.Use of tide tables, tidal stream atlas and tidal information on charts for
Hong Kong waters.

(B) Seamanship (Oral)

1 A full knowledge of the International Regulations for the Prevention of
Collisions at Sea and to demonstrate their application. Candidates will be
considered to be in charge of vessels up to 20 metres in length.

2.Berthing alongside, and unberthing from jetties and piers making due
allowance for the effect or wind and tide on large pleasure vessels, both
single and twin screw.

3.Action to be taken in unusual circumstances such as stranding, collision,
fire, etc.

4.Assisting a person or vessel in distress, including towing and beaching of a
vessel.

5. (a)To identify the permanent marking on a liferaft as regards the
number of persons to be carried.







(b) To know the equipment in a liferaft required under the Merchant
Shipping (Life Saving Appliances) Regulations and its correct use.

(c)Method of launching a liferaft and the precautions to be taken before,
during and after launching.

(d) Boarding a liferaft from a vessel or the water.

(e) Righting an inverted liferaft.

(f) Survival procedures.

6.Fire prevention and fire fighting, including maintenance of fire fighting
equipment.





7. Precautions to be taken in fog or heavy weather.

8.Ability to recognise the alphabetical flags and numerical pennants of the
International Code of Signals and to know the meaning of single letter
hoists and multi-flag hoists in common use in Hong Kong.

written work, or may ask questions based on the Grade 11 syllabus, if he
deems it necessary on account of any weakness shown by the candidate.

SIXTH SCHEDULE [rules 4 6.1

SYLLABUS FOR PLEASURE VESSEL ENGINEER
GRADE II

There are 3 engine types diesel, petrol and outboard. Candidates may elect to
be examined on any or all of such engines. The examination comprises a written
objective test paper 0,

Introduction

The engineering knowlege to be shown by a candidate is that which is required
for the identification, safe use and operation of the engine and associated systems
and to recognize symptoms of malfunction. Candidates will be expected to have a
grasp of the basic principles of operation and to be aware of general maintenance
that should be carried out. Candidates will not be required to have detailed
knowledge of maintenance or engineering principles beyond showing an
understanding of how to rectify simple faults that might occur when the vessel is
under way.

Section Subject Broad Detail to be Covered

1 Principles of the internal 1 Brief outline of basic engine -parts
combustion engine and sequence of events in the 4-stroke
cycle (petrol and diesel)
2. The 4-stroke timing diagram

3. The 2-stroke cycle

2 Construction and function 1. 4-stroke (inboard) engines-
of small internal (a) Cylinder, crankshaft, piston, valves,
combustion marine
engines camshaft, flywheel (petrol and diesel)

(b) Injector valve, pump and governor
(diesel)

(c) Carburetter and coil ignition (petrol)

2. 2-stroke (outboard) engines-

(a) Cylinder, piston, crankshaft, ports

(b) Carburetter, magneto ignition, pre-
compression

3 Transmission system1 Gearbox

2. Propeller shaft and bearings
(including stern and thrust)

3. Propeller and stern tube

4 Lubrication 1. Properties of lubricants, viscosity,
temperature susceptibility






2. Oil pumps, distribution systems,
pressure control, filters and cooling
3. Lubricating oil/fuel mixture for
2-stroke petrol engine
5 Cooling system 1. Direct systems, air, sea water, pumps

2. Indirect systems, heat exchangers





Section Subject Broad Detail to be Covered

6 Electrical systems 1 A.C. D.C. current, generators,
alternators
2.Typical installations, voltage
regulators, rectifiers
3.Electrical storage batteries
7 Fuel systems 1 Properties of fuels and comparison
of petrol and diesel oil
2.Fuel storage, typical installations
3.Fuel pumps, filters, cleanliness of the
system
8 Bilge pumps 1 Pump types and installations

2. Operation and maintenance

9 Fire precautions 1 Causes of fire on small vessels and
precautions against fire
2. Fire extinguishers, types, operations
and maintenance
3. Action in case of fire, fire fighting
4. LP gas installations and precautions
in use
10 Operation of engines 1 Inspection and preparation before
starting
2. Sequence of starting, cold weather
start

3. Duties while under way

4. Stopping sequence, closing down

11 Maintenance 1 Need for maintenance, manu-
facturers' recommendations for
engine and general lubrication
2. Care of electrical system and batteries
12 Dealing with faults 1 Failure to start: sequence of checks
for petrol and diesel engines
2. Engine stops under way: diagnosis
and remedies
3. Overheating: remedies and pre-
cautions

13 Engine compartment Ventilation, arrangement of exhaust
systems, use of drip trays.

SEVENTH SCHEDULE [rules 4 6.1

SYLLABUS FOR PLEASURE VESSEL ENGINEER
GRADE 1

There are 2 engine types diesel or petrol. This is am oral examination and the
candidate may elect to be examined on either or both engine types.

Introduction

The engineering knowledge to be shown by a candidate is that which is required
for the safe use and operation of the main propulsion engine and associated
systems together with auxiliary machinery and electrical systems. Candidates are
expected to have a good knowledge of the engineering principles involved, general
maintenance and the recognition and location of faults. The examination demands
a greater depth of knowledge and a higher standard of answer than that required for
the Grade 11 Certificate. Candidates will not be required to have detailed knowledge
of maintenance or engineering principles beyond showing an understanding of how
to rectify simple faults that might occur when the vessel is under way.











Section Subject Broad Detail to be Covered

1 Principles of the internal 1 Basic engine parts and sequence of
combustion engine events in the 4-stroke cycle (petrol
and diesel)
2. The 4-stroke timing diagram

3. The 2-stroke cycle

2 Construction and function4-stroke (inboard) engines-

of internal combustion 1 Cylinder, crankshaft, piston, valves,
marine engines camshaft, flywheel (petrol and diesel)

2. Injector valve, pump and governor
(diesel)

3. Carburetter and coil ignition (petrol)

4. Multi-cylinder engines and turbo
charging

3 Transmission system 1. Gearbox
2. Propeller shaft and bearings
(including stern and thrust)

3. Propeller and stern tube

4 Lubrication 1 Properties of lubricants, viscosity,
temperature susceptibility
2. Oil pumps, distribution systems,
pressure control, filters and cooling
5 Cooling systems 1 Direct systems, air, sea water, pumps
2. Indirect systems, heat exchangers
6 Electrical systems 1. Electrical systems for main engine
operation, including starter motors
2. Auxiliary generators/alternators,
switch boards and use of associated
meters and fault lights

3. Electric motors

4.Electrical safety of appliances such as
air conditioners, stoves and fridges,
domestic water systems

7 Fuel systems 1 Properties of fuels and comparison
of petrol and diesel oil

2. Fuel storage, typical installations
3. Fuel pumps, filters, cleanliness
8 Bilge pumps 1 Pump types and installations

2. Operation and maintenance

9 Fire precautions 1 Causes of fire on vessels and
precautions against fire
2. Fire extinguishers, types, operations
and maintenance
3. Action in case of fire, fire fighting
4. LP gas installations and precautions
in use
5. Fixed fire fighting installations
6. Prevention of electrical fires
10 Operation of engines 1 Inspection and preparation before






starting
2. Sequence of starting, cold weather
start

3. Duties while under way

4. Stopping sequence and closing down

11 Maintenance 1 Need for maintenance, manu-

facturers' recommendations for
engine and general lubrication
2.Care of electrical system and batteries





Section Subject Broad Detail to be Covered
12 Dealing with faults 1. Failure to start: sequence of checks
for petrol and diesel engines
2. Engine stops under way: diagnosis
and remedies
3. Overheating: remedies and pre-
cautions
4. Precautions to be observed to pre-
vent electric shock. Identification
of sources of potentially dangerous
electric shock

13 Engine compartment Ventilation, arrangement of exhaust
systems, use of drip trays.

EIGHTH SCHEDULE [rule 6.]

FORM OF PLEASURE VESSEL CERTIFICATE OF
COMPETENCY

HONG KONG SERIAL NO.

PLEASURE VESSEL CERTIFICATE OF COMPETENCY


(Valid for Hong Kong Waters Only)


(Issued under Shipping and Port Control Ordinance, Cap. 313)


Name Restrictions



H.K.I.C. /Passport No.

Master .... PHOTO
Grade
Engineer
Grade and Type
Date of Issue
Expiring
...................
for Director of Marine


L.N. 188/86. Citation. Interpretation. (Cap. 313.) (Cap. 281, sub. leg.) Types of pleasure vessel certificates of competency. Recognition of equivalent certificates of competency. First Schedule. Exemption form examination in parts of syllabus. (Cap. 281, sub. leg.) Fourth to Seventh Schedule. Requirements for pleasure vessel certificates of competency. Second to Eighth Schedules. Grant and surrender of certificates. Copies of certificates. Additional endorsements of certificate. Record of certificates. Vertification of qualifications, etc. appeals from decisions of examiners. Re-examination of holders of certificates. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 313, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 313.) (Cap. 313, sub. leg.) (Cap. 281.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.)

L.N. 188/86. Citation. Interpretation. (Cap. 313.) (Cap. 281, sub. leg.) Types of pleasure vessel certificates of competency. Recognition of equivalent certificates of competency. First Schedule. Exemption form examination in parts of syllabus. (Cap. 281, sub. leg.) Fourth to Seventh Schedule. Requirements for pleasure vessel certificates of competency. Second to Eighth Schedules. Grant and surrender of certificates. Copies of certificates. Additional endorsements of certificate. Record of certificates. Vertification of qualifications, etc. appeals from decisions of examiners. Re-examination of holders of certificates. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 313, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 313.) (Cap. 313, sub. leg.) (Cap. 281.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.)

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CHINA FERRY TERMINAL RESTRICTED AREA BOUNDARIES NOTICE

CHINA FERRY TERMINAL RESTRICTED AREA
BOUNDARIES NOTICE

(Shipping and Port Control (Hong Kong-China and Macau
Ferry Terminals) Regulations, regulation 11)

[8 November 19881

L.N. 286188

Citation

1. This notice may be cited as the China Ferry Terminal Restricted Area
Boundaries Notice.

Restricted area boundaries

2. It is declared that the area of land at the ferry terminal known as the China
Ferry Terminal of approximately 3.403 hectares in aggregate area and shown
coloured pink on the plans Serial Nos. DM2411 to DM24/6 dated 24 October 1988,
signed by the Director of Marine and deposited in his office, is a restricted area for
the purposes of the principal regulations.

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CHINA FERRY TERMINAL BOUNDARIES ORDER

CHINA FERRY TERMINAL BOUNDARIES ORDER

(Shipping and Port Control (Hong Kong-China and Ma
Ferry Terminals) Regulations, regulation 3)

[8 November

L.N. 281188

Citation

1. This order may be cited as the China Ferry Terminal Boundaries Order.

Terminal boundaries

2. The boundaries of the ferry terminal known as the China Ferry Terminal
which is a terminal to be used by ferry vessels arriving in the waters of Hong Kong
from China or Macau or leaving such waters for China or Macau are declared to be
those edged red or coloured pink, enclosing an area of land and water approximately
10.803 hectares in aggregate area, on the plans Serial Nos. DM23 and DM23/1 to
DM23/6 respectively dated 24 October 1988, signed by the Director of Marine and
deposited in his office.

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SHIPPING AND PORT CONTROL (SPECIFICATION OF AREAS) NOTICE

SHIPPING AND PORT CONTROL (SPECIFICATION
OF AREAS) NOTICE
(Cap. 313, section 6(2))
[24 August 1984.]

1. This notice may be cited as the Shipping and Port Control
(Specification of Areas) Notice.

2. The Director has specified that rafts and impoundments
permitted by a licence issued under section 8 of the Marine Fish Culture
Ordinance may be laid, placed, erected or maintained without his
permission in those areas of the waters of Hong Kong, designated
under section 5 of that Ordinance as fish culture zones, listed in the
Schedule hereto.

SCHEDULE [para. 2.]
Item Area Name Description

1 Sha Tau KokAn area of water delineated and coloured pink on Plan
fish culture zone No. FC1012A deposited in the office of the Director of
Agricuiture Fisheries.
2. Ap Chau An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1013C deposited in the office of the Director of
Agriculture and Fisheries.
3. Kat 0 An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1014E deposited in the office of the Director of
Agriculture and Fisheries.
4. 0 Pui Tong An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1052B deposited in the office of the Director of
Agriculture and Fisheries.
5. Sai Lau Kong An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1059 deposited in the office of the Director of
Agriculture and Fisheries.
6. Wong Wan An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1016C deposited in the office of the Director of
Agriculture and Fisheries.
7. Tap Mun An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1060C-1 and Plan No. M060C-2 deposited in
the office of the Director of Agriculture and Fisheries.
8. Kau Lau Wan An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1018E deposited in the office of the Director of
Agriculture and Fisheries.
9. Sham Wan An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1019F deposited in the office of the Director of
Agriculture and Fisheries.
10. Lo Fu WatAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1023D deposited in the office of the Director of
Agriculture and Fisheries.
11. Yung Sheu AuAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1024C deposited in the office of the Director of
Agriculture and Fisheries.





Item Area Name Description
12. Leung Shuen Wan An area of water delineated and coloured pink on Plan

fish culture zoneNo. FC1026E deposited in the office of the Director of
Agriculture and Fisheries.
13. Tiu Cham WanAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1041B deposited in the office of the Director of
Agriculture and Fisheries.
14. Tai Tau ChauAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1028D deposited in the office of the Director of
Agriculture and Fisheries.
15. Kai Lung WanAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1056B deposited in the office of the Director of
Agriculture and Fisheries.
16. Kau SaiAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1027B deposited in the office of the Director of
Agriculture and Fisheries.
17. Ma Nam WatAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1029D deposited in the office of the Director of
Agriculture and Fisheries.
18. Po Toi 0An area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1025B deposited in the office of the Director of
Agriculture and Fisheries.
19. Tin Ha WanAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1030B deposited in the office of the Director of
Agriculture and Fisheries.
20. Po ToiAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1034D deposited in the office of the Director of
Agriculture and Fisheries.
21. Sole Kwu WanAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1049K deposited in the office of the Director of
Agriculture and Fisheries.
22. Lo Tik WanAn area of water delineated and coloured pink on Plan
fish culture zone No. FC1050D deposited in the office of the Director of
Agriculture 9 and Fisheries.
Tai a Chau An area of water delineated and coloured pink on Plan
fish in the office of the Director of
Agriculture and Fisheries CS.
24. Ma WanAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1057 deposited in the office of the Director of
Agriculture and Fisheries.
25, Yim Tin TsaiAn area of water delineated and coloured pink on Plan
fish culture zone No. FC1058 ?sited in the office of the Director of
Agricultre and Fisheries
26. Cheung Sha WanAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1054A deposited in the office of the Director of
Agriculture and Fisheries.
27. Tung ChungAn area of water delineated and coloured pink on Plan
fish culture zoneNo. FC1062A deposited in the office of the Director of
Agriculture and Fisheries.
28. Yim Tin Tsai (East An area of water delineated and coloured pink on Plan

fish culture zone No. FC1020B deposited in the office of the Director of
Agriculture and Fisheries.
L.N. 312/84. L.N. 434/84. L.N. 286/86. Citation. Specification of areas. (Cap. 353.) Schedule. L.N. 286/86. L.N. 434/84. L.N. 286/86.

L.N. 312/84. L.N. 434/84. L.N. 286/86. Citation. Specification of areas. (Cap. 353.) Schedule. L.N. 286/86. L.N. 434/84. L.N. 286/86.

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SHIPPING AND PORT CONTROL ORDINANCE (EXEMPTION) (CONSOLIDATION) NOTICE

SHIPPING AND PORT CONTROL ORDINANCE
(EXEMPTION) (CONSOLIDATION) NOTICE

(Cap. 313, section 63)

[1 August 19841

L.N. 243 of 1984, L.N. 316 of 1984, L.N. 325 of 1984, L.N. 333 of 1984, L.N. 28 of 1985, L.N.
264 of 1985, L.N. 310 of 1986, L.N. 5 of 1988, L.N. 147 of 1988, R.Ed. 1988, L.N. 17 of
1989

1. Citation

This notice may be cited as the Shipping and Port Control Ordinance
(Exemption) (Consolidation) Notice.

2. Exemption

Vessels of the type or types specified in

(a)Part 1 of Schedule 1 are from 1 August 1984 exempted from the
requirements of the regulations listed in Part 1 of Schedule 2 subject to
the conditions contained in Part 1 of Schedule 3;

(b)Part 11 of Schedule 1 are from 31 August 1984 exempted from the
requirements of the regulations listed in Part 11 of Schedule 2 subject
to the conditions contained in Part 11 of Schedule 3;

(e) Part III of Schedule 1 are from 21 September 1984 exempted

from the requirements of the regulations listed in Part III of
Schedule 2 subject to the conditions contained in Part III of
Schedule 3;

(d)Part IV of Schedule 1 are from 15 February 1985 exempted from the
requirements of the regulations listed in Part IV of Schedule 2 subject
to the conditions contained in Part IV of Schedule 3;

(e)Part V of Schedule 1 are from 6 September 1985 exempted from the
requirements of the regulations listed in Part V of Schedule 2 subject
to the conditions contained in Part V of Schedule 3;

Part VI of Schedule 1 are from 19 December 1986 exempted from the
requirements of the regulations listed in Part VI of Schedule 2 subject
to the conditions contained in Part VI of Schedule 3;

(g)Part VII of Schedule 1 coming under survey for the first time shall from
20 January 1989 be exempt from the requirements of the regulations
listed in Part VII of Schedule 2 subject to the conditions contained in
Part VII of Schedule 3;

(h)Part VIII of Schedule 1 shall be deemed from 12 August 1983 exempted
from the requirements of the regulation listed in Part VIII of Schedule
2.





SCHEDULE 1 [para. 2]

TYPE OF VESSEL TO WHICH EXEMPTION
APPLIES

PART 1

Dumb lighters the keel of which was laid before 1 August 1984 and which operate solely
within Class I or Class II plying limits as specified in the First Schedule to the Merchant Shipping
(Launches and Ferry Vessels) Regulations (Cap. 281 sub. leg.).

(L.N. 243 of 1984)

PART II

Passenger carrying sidewall hovercraft ships of Types HM 216, HM 218 and HM
527 which were built by Vosper Hovermarine Ltd.; (b) which have been
registered in Hong Kong; and (e) which operate solely within the waters of Hong
Kong.

(L.N. 316 of 1984)

PART III

Vessels of Class II, Class IV, Class V or Class VI as classified under the Merchant Shipping
(Miscellaneous Craft) Regulations (Cap. 281 sub. leg.), which are fitted with a 'Gardner' type
engine not exceeding 152 brake horse power.

(L.N. 333 of 1984)

PART IV

Vessels of not more than 20 m in length equipped with mechanical means of
propulsion.

(L.N. 28 of 1985)

PART V

Vessels plying as water boats.

(L.N. 264 of 1985)

PART VI

1. Dumb fighters registered in a port of the People's Republic of China.

2. Dumb fighters of any registry fitted with bottom dump doors.

(L.N. 310 of 1986)

PART VII

Open sampans of less than 10 m in length and fitted with a petrol outboard engine of a
power not exceeding 12 kW.

(L.N. 17 of 1989)





PART VIII

1. Vessels of Class II, Class IV or Class V as classified under the Merchant Shipping
(Miscellaneous Craft) Regulations (Cap. 281 sub. leg.), which are fitted with an engine not
exceeding 38 kW power.

2. Fishing vessels of Class IV or VI as classified under the Merchant Shipping (Miscellaneous
Craft) Regulations (Cap. 281 sub. leg.), which are fitted with an engine not exceeding 83 kW
power.

(L.N. 147 of1988)

SCHEDULE 2 [para. 21

REQUIREMENTS FROM WHICH EXEMPTION is
GRANTED

PART 1

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulations 45A and 45C

(L.N. 243 of 1984)

PART II

The Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 281 sub. leg.)

(1)Those provisions of regulation 14 which by implication require a vessel to
be(a) properly found with anchors and cables;

(b) capable of passing a stability test;

(c)equipped with life saving appliances in accordance with the Merchant Shipping (Life
Saving Appliances) Regulations (Cap. 281 sub. leg.);

(d)provided with fire-extinguishing appliances in accordance with the Merchant
Shipping (Fire Appliances) Regulations (Cap. 281 sub. leg.).

(2)Those provisions of regulation 15(1) which by implication prescribe a scale of clear
spaces to be provided on the main deck and all decks above the main deck for passengers
on a Class I, Class II or Class III ferry vessel.

(L.N. 316 of 1984)

PART III

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulation 48A(1)(b)

(L.N. 333 of 1984)

PART IV

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulation 47A(1)(a)

(L.N. 28 of 1985)





PART V

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulation 46(1) to the extent that it requires a water boat to be constructed of
steel.

(L.N. 264 of 1985)

PART VI

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulations 45A and 45C

(L.N. 310 of 1986)

PART VII

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulation 10(1)
Regulation 11(1)

(L.N. 17 of 1989)

PART VIII

The Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.)

Regulation 48A(1)(b)

(L.N. 147 of 1988)

SCHEDULE 3 [para. 21

CONDITIONS

PART I

The exemption shall not apply to a vessel, unless-

(a)before the expiry of any licence granted in respect of it under the Merchant
Shipping (Miscellaneous Craft) Regulations (Cap. 281 sub. leg.) and in force on 1
August 1984, the vessel has been inspected and assigned a freeboard in accordance
with regulation 45B of those regulations and marked substantially in accordance with
that regulation;

(b)every 24 months thereafter, an officer of the Marine Department is satisfied that
the conditions for assignment of a freeboard under the Merchant Shipping
(Miscellaneous Craft) Regulations (Cap. 281 sub. leg.) have been complied with.

(L.N. 243 of 1984)





PART II

The exemption is conditional upon such ship complying with

(a)the conditions of any licence issued in respect of it under the Merchant Shipping
(Launches and Ferry Vessels) Regulations (Cap. 281 sub. leg.) by the Director; and

(b) any other conditions specified in writing in respect of it on behalf of the Director.

(L.N. 316 of 1984)

PART 111

The exemption shall only apply to a vessel if the person in charge of the machinery of the
vessel is the holder of a local certificate of competency in respect of engines up to 150 brake
horse power.

(L.N. 333 of 1984)

PART IV

The exemption shall only apply to a vessel if the person in charge thereof is the holder of a
local certificate of competency as master of a powered vessel of 60 tons and under.

(L.N. 28 of 1985)

PART V

The exemption shall only apply where

(a)the vessel supplies water only to vessels licensed under Part IV of the Shipping and
Port Control Ordinance (Cap. 313); and

(b) the water is carried in a steel tank or tanks.

(L.N. 264 of 1985)

PART VI

1. The exemption shall only apply

(a)to a vessel of the type specified in item 1 in Part VII of Schedule 1, if such vessel
has been assigned a freeboard by the Registrar of Shipping of the People's Republic
of China in accordance with the Convention of 1966; and

(b)to a vessel of the type specified in item 2 in Part VII of Schedule 2, if such vessel
has been assigned a less than minimum freeboard in accordance with the Convention
of 1966 and the procedure laid down for the assignment of freeboard for such
vessels by the Department of Transport of the United Kingdom in the Instructions
on the Survey of Load Line Ships 1973, published by Her Majesty's Stationery
Offices, or by the Bureau Veritas in its booklet, N.I. 144 BM 1 of January 1971.

2. In this Part-

'Convention of 1966 means the International Convention on Load Lines signed in London on 5
April 1966.

(L.N. 310 of 1986)

PART VII

1. The exemption shall only apply to a vessel which

(a) carries no fare-paying passengers; and







(b)carries no fuel other than in a portable metal tank fitted with a fuel pipe line all of
a type approved by the manufacturer of the engine.

2.The exemption shall terminate on the expiration of 12 months from 20 January 1989.

(L.N. 17 of 1989)

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SHA TIN - MEISHA FERRY TERMINAL RESTRICTED AREA BOUNDARIES NOTICE

SHA TIN-MEISHA FERRY TERMINAL RESTRICTED AREA L.N. 402184.

BOUNDARIES NOTICE

(Shipping and Port Control (Hong Kong-China and
Macau Ferry Terminals) Regulations, regulation 11)

[7 December 1984.]

1. This notice may be cited as the Sha Tin-Meisha Ferry Citation. Terminal
Restricted Area Boundaries Notice.

2. It is declared that the area of land at the Sha Tin-Meisha Restricted area Ferry
Terminal of approximately 1 350 square metres in aggregate boundaries. area and edged in
red on the plan No. STM 6071A dated 21 November 1984, signed by the Director of
Marine and deposited in his office, is a restricted area for the purposes of the principal
regulations.
L.N. 402/84. Citation. Restricted area boundaries.

L.N. 402/84. Citation. Restricted area boundaries.

https://oelawhk.lib.hku.hk/items/show/3201

SHA TIN - MEISHA FERRY TERMINAL BOUNDARIES ORDER

SHA TIN-MEISHA FERRY TERMINAL BOUNDARIES L.N. 240184,
ORDER

(Shipping and Port Control (Hong Kong-China and
Macau Ferry Terminals) Regulations, regulation 3)

15 August 1984.1

1. This order may be cited as the Sha Tin-Meisha Ferry Citation. Terminal
Boundaries Order.

2. The Sha Tin-Meisha Ferry Terminal is declared to be a Terminal terminal to be
used by ferry vessels which ply regularly between Sha boundaries. Tin in Hong Kong
and Meisha or other places in China and its boundaries are declared to be those
delineated surrounding an adjoining area of land and water and edged in red,
approximately 5 309 square metres in aggregate area, on the plan No. STM 6070
dated 24 April 1984, signed by the Director of Marine and deposited in his office.
L.N. 240/84. Citation. Terminal boundaries.

L.N. 240/84. Citation. Terminal boundaries.

https://oelawhk.lib.hku.hk/items/show/3200

HONG KONG - MACAU FERRY TERMINAL RESTRICTED AREA BOUNDARIES NOTICE

HONG KONG-MACAU FERRY TERMINAL RESTRICTED
AREA BOUNDARIES NOTICE

(Regulation 11 of the Shipping and Port Control (Hong Kong
China and Macau Ferry Terminals) Regulations)

[31 October 1985.1

1. This notice may be cited as the Hong Kong-Macau Ferry Citation. Terminal
Restricted Area Boundaries Notice.

2. It is declared that the area of land at the Hong Kong- Restricted area Macau Ferry
Terminal, of approximately 1.790 hectares in boundaries. aggregate area and edged in red
on the plan Serial No. DM 17 dated 3 May 1985, signed by the Director of Marine and
deposited in his office, is a restricted area for the purposes of the principal regulations.
L.N. 279/85. Citation. Restricted area boundaries.

L.N. 279/85. Citation. Restricted area boundaries.

https://oelawhk.lib.hku.hk/items/show/3199

HONG KONG - MACAU FERRY TERMINAL BOUNDARIES ORDER

HONG KONG-MACAU FERRY TERMINAL BOUNDARIES ORDER

(Shipping and Port Control (Hong Kong-China and Macau
Ferry Terminals) Regulations, regulation 3)

[8 November 19881

L.N. 283188

Citation

1. This order may be cited as the Hong Kong-Macau Ferry Terminal
Boundaries Order.

Terminal boundaries

2. The boundaries of the ferry terminal known as the Hong KongMacau Ferry
Terminal which is a terminal to be used by ferry vessels arriving in the waters of
Hong Kong from Macau or China or leaving such waters for Macau or China are
declared to be those delineated in red enclosing an area of land and water
approximately 11.342 hectares in aggregate area, on the plan Serial No. DM20 dated
2 February 1987, signed by the Director of Marine and deposited in his office.

https://oelawhk.lib.hku.hk/items/show/3198

SHIPPING AND PORT CONTROL (HONG KONG - CHINA AND MACAO FERRY TERMINALS) REGULATIONS

SHIPPING AND PORT CONTROL (HONG KONG-CHINA AND

MACAU FERRY TERMINALS) REGULATIONS


ARRANGEMENT OF REGULATIONS

Regulation Page


PART I

PRELIMINARY

1. Cita i ................................... ... ... ... ... H 3

2. Interpretation ........................... ... ... ... ... ... ... ... H3

3. Designation of terminals .............. ... ... ... ... ... ... ... ... H 4

PART II

CONTROL OF TERMINALS GENERALLY

4......................Terminals under control of Director ... ... ... ... ... ... ... ... H 4

5..................Ferry vessels to use terminals ... ... ... ... ... ... ... ... ... ... H 4

6. Owners or masters to comply with requirements of Director ... ... ... ... H 4

7. Control of arrivals and departures of ferry vessels ... ... ... ... ... ... H 5

8....................Returns by owners or masters ... ... ... ... ... ... ... ... ... H 5

9 ........................Entering, leaving or remaining in a terminal ... ... ... ... ... ... H 5

10...................Embarkation and disembarkation ... ... ... ... ... ... ... ... ... H 5

PART III

RESTRICTED AREAS

11...................Declaration of restricted areas ... ... ... ... ... ... .. 1 ... H 5

12.................................Prohibition of entry, etc. to restricted area without valid pass ... ... ... H 6

13.....................Issue of passes and grounds for refusal ... ... ... ... ... ... ... ... H 6

14...............Application for passes ..... ... ... ... ... ... ... ... ... ... ... H 6

15...................General provisions as to passes ... ... ... ... ... ... ... ... ... H 7

16............................Contents of passes and duration of validity thereof ... ... ... ... ... H 7

17...............Cancellation of passes ..... ... ... ... ... ... ... ... ... ... ... H 7

18...................Procedure on cancellation of pass ... ... ... ... ... ... ... ... ... H 8

19. Action by employer where pass no longer required .. ... ... ... ... ... H 8
20. Pass to be surrendered on cessation of employment ... ... ... ... ... ... H 9







21...................Pass to be surrendered on demand ... ... ... ... ... ... ... ... ... H 9
22...................Pass to be worn on outer clothing ... ... ... ... ... ... ... ... ... H 9

23......................Exemption for bona fide passengers ... ... ... ... ... ... ... ... H 9

24. Lost pass ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... H 10

25. Issue of replacement pass... ... ... ... ... ... ... ... ... ... ... H 10





Regulation Page
PART IV
MISCELLANEOUS
26. Control of vehicles ... ... ... ... ... ... ... ...
... ... ... ... ... H10
27. Power in relation to animals and articles ... ... ... ... ... ... ... ... H 10
28. Permission of master to board or load cargo ... ...
... ... ... ... ... H 11
29. Business and advertising in terminals ... ... ... ...
... ... ... ... ... H 11
30. Intoxicated persons ... ... ... ... ... ... ...
... ... H11
31. Per-mission to remain on a ferry vessel... ... ... ...
... ... ... ... ... H 11
32. General prohibitions ... ... ... ... ... ... ... .1 .
... ... ... ... H 11
33. Berthing fee ...... ... ... ... ... ... ... ... ... ... ... ... ... H 11
34. Embarkation fee ...... ... ... ... ... ... ... ... ... ... ... ... H 12
35. Offences and penalties... ... ... ... ... ... ...
... ... ... ... ... H 12
36. Power to detain persons ... ... ... ... ... ... ...
... ... ... ... ... H 13
37. Fees ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... H 13

Schedule..Fees.............................. ... ... ... ... ... ... ... ... ... H 14





SHIPPING AND PORT CONTROL (HONG KONG-CHINA
AND MACAU FERRY TERMINALS) REGULATIONS

(Cap. 313, section 80)

[1 February 1983.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Shipping and Port Control
(Hong Kong-China and Macau Ferry Terminals) Regulations.

2. In these regulations, unless the context otherwise requires

'authorized officer' means a public officer authorized in writing by the
Director for the purposes of any of these regulations and any
police officer on duty within a terminal;

'crew pass' means a standard or temporary crew pass issued under
regulation 13;

'Terry vessel' means a vessel which plies regularly from a terminal for
the conveyance of passengers between

(a) Hong Kong and Macau; or

(b) Hong Kong and any place in China,

whether or not the vessel also carries cargo;

'pass' means any pass issued under regulation 13 or a replacement
pass issued under regulation 25;

'pass holder' means

(a)in relation to a pool pass, the authorized officer to whom it is
issued and includes any person using a pool pass by the
authority of an authorized officer; and

(b)in relation to a crew pass or a restricted area pass, the person
in whose name the pass is issued;

'pool pass' means a pool pass issued under regulation 13;

'restricted area' means an area declared under regulation 11 to be a
restricted area;

'restricted area pass' means a standard or temporary restricted area
pass issued under regulation 13;

'terminal' means a terminal the boundaries of which are declared under
regulation 3;

,'vehicle' means any vehicle intended or adapted for use on roads.





3. (1) The Governor may, by order published in the Gazette, declare
the boundaries of terminals to be used by ferry vessels arriving in or
leaving the waters of Hong Kong.

(2) A terminal shall include-

(a)all land and water within the boundaries of the terminal; and

(b)any building, street, pier or pontoon within the said
boundaries.

PART 11

CONTROL OF TERMINALS
GENERALLY

4. (1) A terminal shall be under the control of the Director.

(2) Except with the permission of the Director, no vessel shall enter
a terminal.

(3) The Director may close the whole or a part of a terminal for such
period as he may specify.

(4) The Director may, by notice or sign exhibited in a terminal,
prohibit access to the whole or a part of the terminal, at such time as he
may specify, by

(a) any person or class of persons;

(b) any vessel or class of vessels;

(c) any vehicle or class of vehicles.

5. Except with the permission of the Director-

(a) no person shall be embarked on or disembarked from; and

(b) no cargo shall be loaded on or discharged from, a ferry vessel
other than at a place within a terminal which is allocated to that ferry
vessel for such purpose by the Director.

6. (1) The owner or master of a vessel in a terminal or entering or
leaving a terminal shall comply with such directions as the Director may
give.

(2) Without prejudice to the generality of paragraph (1), the
Director may direct the owner or master of a vessel in a terminal

(a) to anchor or secure the vessel at any place in the terminal;

(b)to move the vessel from any place in the terminal to any other
place therein;

(c)to remove the vessel from the terminal for such period as the
Director may specify.





(3) The owner or master of a ferry vessel when navigating
within or entering or leaving a terminal shall, so far as practicable,
have regard to any information or advice conveyed to him by an
authorized officer.

7. The Director may, by notice in writing served on the owner
or master of a ferry vessel, specify the time of arrival at, or departure
from, a terminal of the ferry vessel, either generally in respect of a
series of arrivals or departures, or in respect of a particular arrival or
departure, and the owner or master shall comply with such notice.

8. The owner or master of a ferry vessel shall, at such times as
the Director may require, make to the Director a return showing, in
respect of such period as may be specified by the Director, such
particulars as the Director may require-

(a) of each voyage made by the ferry vessel;

(b) of the cargo carried on each voyage of the ferry vessel;

(c)of the number of passengers carried on each voyage of the
ferry vessel, and the category of such passengers for the
purposes of regulation 34;

(d)of the number of persons embarking and disembarking at
each port of call during each voyage of the ferry vessel; and

(e) relating to the manning or operation of the ferry vessel.

9. No person shall-

(a) enter or leave a terminal or a restricted area except by such
entrances and exits as are specified by the Director; or

(b)remain in a terminal, or any part thereof, after he has been
ordered to leave the terminal, or such part thereof, by the
Director,

10. Except with the permission of the Director, no person shall
embark on, or disembark from, a ferry vessel in a terminal-

(a) whilst the ferry vessel is in motion;

(b) otherwise than by an authorized gangway; or

(c) by means of any other vessel.

PART 111

RESTRICTED AREAS

11. The Director may, by notice published in the Gazette,
declare any area within a terminal to be a restricted area.





12. Subject to these regulations, no person shall enter or
remain in a restricted area unless he has on his person a valid pass
issued to him in respect of that restricted area.

13. (1) The, Director may issue-

(a) a pool pass-
(i) to any authorized officer; and
(ii) to any other person where he is satisfied that by
reason of the nature of his occupation or employment such
person requires immediate access to a restricted area; or

(b)a crew pass or a restricted area pass to any person on
application being made therefor under regulation 14 and,
in the case of an applicant who is not an authorized officer,
on payment of the prescribed fee.

(2) A pass shall be in such form and subject to such conditions
as may be specified by the Director.

(3) The following provisions shall apply in relation to the issue
of passes under paragraph (1)(b), that is to say-

(a)a crew pass, which may be either standard or temporary,
may be issued only to a person who is a member of
the crew of a ferry vessel permitted to use the terminal
concerned if it is shown to the satisfaction of the Director
that such person is signed on the articles of agreement of
that vessel;

(b)a restricted area pass, which may be either standard or
temporary, may be issued only to a person in respect of
whom it is shown to the satisfaction of the Director that
by reason of the nature of his occupation or employment
such person requires frequent and regular access to the
restricted area concerned.

(4) The Director shall refuse to issue a pass if it appears to
him that-

(a)the person requiring the pass or for whom it is required is
for any reason relating to or connected with the security of
the terminal concerned not a fit person to have access to a
restricted area; or

(b)access to a restricted area is unnecessary by reason of the
nature of the occupation or employment of the person
requiring the pass or for whom it is required.

14. Application for the issue of a crew pass or a restricted area
pass shall be-

(a)made by a person requiring the pass or an employer on
behalf of his employee;





(b) made to the Director in the form specified by him; and

(c) accompanied by-
(i) the documents specified therein;
(ii) such other particulars as may be required by the
Director; and
(iii) in the case of an applicant who is not an authorized
officer, the prescribed fee.

15. (1) A pass shall not entitle the holder thereof to embark
on a ferry vessel as a passenger.

(2) A pass holder shall not transfer his pass to any other
person.

(3) A pass holder shall produce his pass for examination on
entering or leaving the terminal in respect of which the pass is issued,
and at any time while he is present therein if so required by the
Director.

16. Every pass shall-

(a)if so required by the Director, bear sufficient means of
identification of the pass holder;

(b)specify the restricted area or areas in respect of which it is
issued;

(c) indicate the period for which it is issued which-
(i) in the case of a pool pass or a standard pass, shall be
for such period as may be specified therein;
(ii) in the case of a temporary pass, shall not be greater
than 3 months; and

(d) cease to be valid-
(i) on the expiration of the period for which it was
issued; or
(ii) upon its cancellation under regulation 17; or
(iii) where a pass holder ceases to be employed by the
person who was his employer at the date of the issue of
the pass; or
(iv) upon a demand made by the Director under regu-
lation 21 for a pass holder to surrender his pass to the
Director.

17. The Director---

(a) shall cancel a pass if it appears to him that-
(i) in the case of a crew pass the pass holder has ceased
to be a member of the crew of the ferry vessel in respect of
which the pass is issued or ceases to be signed on the
articles of agreement of that vessel;





(ii) the pass holder is, for any reason relating to or
connected with the security of the terminal concerned, not
a fit person to have access to a restricted area; or
(iii) access to a restricted area is unnecessary by reason
of the nature of the occupation or employment of the pass
holder; and

(b) may cancel a pass-
(i) on the ground that any condition subject to which it
was issued has been contravened;
(ii) on the ground that the pass holder or his employer
has contravened any of these regulations; or
(iii) in any case where he is satisfied that the pass has
been lost, destroyed or defaced.

18. (1) Where the Director cancels a pass under regulation 17,
he shall notify the pass holder and, if he thinks fit, the employer (if
any) of the pass holder, accordingly.

(2) A pass holder, upon receipt of a notice under paragraph
(1), shall, save where the notice relates to a pass which has been lost
or destroyed, forthwith surrender his pass to-

(a) the Director;

(b)an authorized officer specified in the notice for the pur-
pose; or

(e)the employer of the pass holder if specified in the notice
for the purpose,

as the case may be.

(3) An employer to whom a pass has been surrendered by
virtue of a notice under paragraph (1) shall forthwith surrender
that pass to the Director or an authorized officer specified in the
notice.

19. The employer of a pass holder shall-

(a)if the nature of the employment of the pass holder no
longer requires that he have access to any restricted area
specified in his pass; or

(b)if the pass holder ceases, for any reason, to be employed by
him,

without delay-
(i) inform the Director accordingly;
(ii) take possession of the pass from the pass holder; and
(iii) surrender the pass to the Director.





20. A pass holder who ceases to be employed by the person
who was his employer at the date of the issue of the pass shall,
immediately on the cessation of his employment, surrender his pass
to that person.

21. The Director may demand a pass holder to surrender his
pass to the Director, and the pass holder shall forthwith comply with
such demand.

22. A pass holder shall, when entering, remaining in or depart-
ing from a restricted area-

(a)wear the pass affixed in a prominent position on his outer
clothing;

(b)comply with the conditions subject to which the pass is
issued;

(c)comply with all reasonable directions given to him by any
authorized officer;

(d) if the pass is a pool pass, carry on his person-
(i) an identity card issued to him under the Registration
of Persons Ordinance; or
(ii) such warrant card, valid travel document or
other means of identification as may be approved by the
Director.

23. (1) Subject to this regulation, the provisions of regulation
12 shall not apply to any bona fide passenger who-

(a) is in the course of passage through any restricted area-
(i) having disembarked from a ferry vessel; or
(ii) for the purpose of embarking on a ferry vessel of
which he is a ferry passenger; or

(b)is awaiting an onward ferry voyage in any area reserved for
transit or transfer passengers which is within a restricted
area.

(2) A ferry passenger shall not, by virtue of paragraph (1), be
exempt from the provisions of regulation 12 unless-

(a)being a departing passenger, he is in possession of a valid
travel document and a valid passenger ticket issued by the
owner or master of a ferry vessel for passage on a ferry
vessel; or

(b)being an arriving passenger or a transit or transfer passen-
ger, he is in possession of a valid travel document.

(3) A passenger ticket shall be in such form as may be
approved by the Director.





24. (1) If a pass has been lost the pass holder shall, without
delay, report in writing the loss and the circumstances thereof to his
employer (if any) or, where the permit holder has no employer or is
himself an employer, to the Director.

(2) Where a report has been received by an employer as to the
loss of a pass and the circumstances thereof, he shall, without delay,
report in writing such loss and the circumstances thereof to the
Director.

(3) Any person who finds a pass shall, without delay, deliver it
to the Director or to the officer in charge of any police station or to
any police officer.

25. Where a pass has been lost, destroyed or defaced, applica-
tion may be made to the Director by the persons to whom the pass
had been issued or the employer of that person for the issue of a
replacement pass and the Director, upon being satisfied as to such
loss, destruction or defacement, may, upon payment of the pre-
scribed fee in the case of an applicant who is not an authorized
officer, issue to the pass holder a replacement pass which shall
replace the pass which has been lost, destroyed or defaced.

PART IV

MISCELLANEOUS

26. (1) Except with the permission of the Director, no person
shall drive a vehicle into, within or out of a terminal.

(2) The driver of a vehicle while within, or while entering or
leaving, a terminal shall comply with such directions as may be given
by the Director and with any notice or sign exhibited in a terminal
by order of the Director.

27. The Director may-

(a) by order, either orally or in writing-
(i) prohibit the entry of any animal or article into a
terminal;
(ii) require any animal or article to be moved within a
terminal in such manner as he may specify;
(iii) require any animal or article to be removed from a
terminal;

(b)move within a terminal any animal or article which in
his opinion constitutes an obstruction, nuisance or
annoyance;

(e)remove from a terminal any animal or article which is
unattended, or which in his opinion constitutes an obstruc-
tion, nuisance or annoyance.





28. (1) Except with the permission of the master of a ferry
vessel, no person shall board, or load any vehicle or other cargo on,
the ferry vessel.

(2) No person shall travel, or bring a vehicle or other cargo,
on board a ferry vessel after being warned by the Director that
the vessel contains its full complement of passengers, vehicles or
other cargo.

29. Except with the written permission of the Director, no
person shall, within a terminal-

(a)sell or distribute anything, or offer anything for sale, or
make any offer of service;

(b) exhibit any notice or advertisement.

30. The Director may prohibit from entering a terminal any
person who, in the opinion of the Director, is under the influence of
alcohol or drugs to such an extent as to render him a probable
danger or source of annoyance to other users of the terminal.

31. Except with the permission of the master, no person shall
remain on board a ferry vessel in a terminal.

32. No person shall, whilst within a terminal or on a vessel
within a terminal-

(a)throw, deposit, leave or drop litter, paper or rubbish, save
in bins or containers provided for the purpose;

(b)throw, deposit, leave or drop anything capable of causing
injury to person or damage to property;

(e)throw any life buoy or equipment from the terminal or
vessel, except in a case of emergency;

(d)open or remove, or climb over, any wall, fence, railing,
barrier, gate or post erected in the terminal;

(e) beg;

(f) fish.

33. (1) Subject to paragraph (2), the berthing fee prescribed
shall be paid by the owner or master in respect of every vessel which
berths in a terminal.

(2) The following vessels shall be exempt from the payment of
berthing fees-

(a)a cargo lighter or junk working cargo to or from a terminal
or to or from a vessel moored alongside a terminal;

(b)a fresh water lighter, barge or other vessel supplying fresh
water to a vessel in a terminal;





(c)a fuelling lighter or barge supplying fuel to a vessel or to a
storage tank in a terminal;

(d)a vessel used to transfer passengers to or from a ferry vessel
in a terminal;

(e)any other vessel or class of vessels which the Director may
exempt.

(3) Subject to paragraph (4), a separate fee shall be paid for each
berthing.

(4) Where a vessel leaves a berth in a terminal in compliance with a
direction under regulation 6(2)(b) or (c), no fee shall be chargeable on
the reberthing of the vessel.

(5) Except with the permission in writing of the Director, no vessel
shall remain at a berth in a terminal for more than 24 hours.

(6) For the purpose of this regulation, a vessel berths in a terminal
when it comes alongside, or is in any way secured to, any part. of the
terminal.

34. The passenger embarkation fee prescribed shall be paid by the
owner of a ferry vessel in respect of each passenger embarking on the
ferry vessel at a terminal.

35. (1) If without reasonable excuse regulation 4(2) or 5 is
contravened, the master of the vessel commits an offence.

(2) If without reasonable excuse a notice or sign exhibited under
regulation 4(4) is contravened, the person, master of the vessel or
driver of the vehicle, as the case may be, commits an offence.

(3) Any owner or master of a vessel who without reasonable
excuse fails to comply with any direction given to him under regulation
6 commits an offence.

(4) Any owner or master of a ferry vessel who without reasonable
excuse fails to comply with a notice served on him under regulation 7,
or fails to make a return under regulation 8, commits an offence.

(5) Any person who, without reasonable excuse, contravenes
regulation 9, 10, 24(3), 26(1) or 31 commits an offence.

(6) Any person who contravenes regulation 28, 29 or 32 commits
an offence.

(7) Any person who, without reasonable excuse, fails to comply
with any direction given, or any notice or sign exhibited, under
regulation 26(2), or an order under regulation 27(a), commits an offence.

(8) Any person who-

(a)being a pass holder, without reasonable excuse, contravenes
regulation 15(3), 18(2), 20, 21, 22 or 24(1);





(b)being an employer, without reasonable excuse, contravenes
regulation 18(3), 19 or 24(2),

commits an offence.

(9) Any person who-

(a)makes use of or retains in his possession any pass which he
knows or ought reasonably to know

(i) has been cancelled; or
(ii) has ceased to be valid;

(b)without reasonable excuse, defaces, alters or destroys any
pass;

(e)in, or in connexion with, an application under regulation 14 or
25 makes any statement or gives any information which he
knows or ought reasonably to know is false in a material
particular or recklessly makes any statement which is false in
a material particular or knowingly omits any material
particular;

(d)being a pass holder, contravenes any condition subject to
which the pass was issued,

commits an offence.

(10) Any person who contravenes regulation 12 or 15(2) commits an
offence.

(11) Any person who--

(a)commits an offence under paragraph (1), (2), (3), (4), (5), (6), or
(7) is liable to a fine of $2,000;

(b)commits an offence under paragraph (8) is liable to a fine of
55,000;

(c)commits an offence under paragraph (9) is liable to a fine of
$10,000 and to imprisonment for 3 months;

(d)commits an offence under paragraph (10) is liable to a fine of
$20,000 and to imprisonment for 6 months.

36. An authorized officer may, if he has reasonable grounds for
believing that any person has contravened regulation 12, without
warrant arrest that peron and forthwith take him to a police station
there to be dealt with in accordance with the Police Force Ordinance.

37. The fees prescribed under these regulations are set out in the
Schedule.
1986 ED CAP 313 H14 L.N. 424/82. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 126/85. L.N. 360/85. L.N. 25/83. Citation. Interpretation. Designation of terminals. Terminals under control of Director. Ferry vessels to use terminals. Owners or masters to comply with requirements of Director. Control of arrivals and departures and ferry vessels. Returns by owners or masters. Entering, leaving or remaining in a terminal. Embarkation and disembarkation. Declaration of restricted areas. Prohibition of entry, etc. to restricted area without valid pass. Issue of passes and grounds for refusal. General provisions as to passes. Contents of passes and duration of validity thereof. Cancellation of passes. Procedure on cancellation of pass. Action by employer where pass no longer required. Pass to be surrendered on cessation of employment. Pass to be surrendered on demand. Pass to be worn on outer clothing. (Cap. 177.) Exemption for bona fide passengers. Lost pass. Issue of replacement pass. Control of vehicles. Power in relation to animals and articles. Permission of master to board or load cargo. Business and advertising in terminals. Intoxicated persons. Permission to remain on a ferry vessel. General prohibitions. Berthing fee. Embarkation fee. Offences and penalties. Power to detain persons. (Cap. 232.) Fees. Schedule. L.N. 126/85. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 360/85. L.N. 234/83. L.N. 62/85.

L.N. 424/82. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 126/85. L.N. 360/85. L.N. 25/83. Citation. Interpretation. Designation of terminals. Terminals under control of Director. Ferry vessels to use terminals. Owners or masters to comply with requirements of Director. Control of arrivals and departures and ferry vessels. Returns by owners or masters. Entering, leaving or remaining in a terminal. Embarkation and disembarkation. Declaration of restricted areas. Prohibition of entry, etc. to restricted area without valid pass. Issue of passes and grounds for refusal. General provisions as to passes. Contents of passes and duration of validity thereof. Cancellation of passes. Procedure on cancellation of pass. Action by employer where pass no longer required. Pass to be surrendered on cessation of employment. Pass to be surrendered on demand. Pass to be worn on outer clothing. (Cap. 177.) Exemption for bona fide passengers. Lost pass. Issue of replacement pass. Control of vehicles. Power in relation to animals and articles. Permission of master to board or load cargo. Business and advertising in terminals. Intoxicated persons. Permission to remain on a ferry vessel. General prohibitions. Berthing fee. Embarkation fee. Offences and penalties. Power to detain persons. (Cap. 232.) Fees. Schedule. L.N. 126/85. L.N. 234/83. L.N. 186/84. L.N. 62/85. L.N. 360/85. L.N. 234/83. L.N. 62/85.

https://oelawhk.lib.hku.hk/items/show/3197

SHIPPING AND PORT CONTROL REGULATIONS (SPEED RESTRICTED ZONES FOR PLEASURE VESSELS) NOTICE

SHIPPING AND CONTROL REGULATIONS (SPEED
RESTRICTED ZONES FOR PLEASURE VESSELS)
NOTICE

(Regulation 67(1) of the Shipping and Port Control Regulations)

[1 May 1981.]

1. This notice may be cited as the Shipping and Port Control
Regulations (Speed Restricted Zones for Pleasure Vessels) Notice.

2. In this notice-

'pleasure vessel' means any launch, yacht, inflatable vessel. junk.
lorcha or other vessel which--

(a)has an engine installed in or carried on it whereby the vessel is
capable of being propelled by mechanical means;

(b) is used exclusively for pleasure purposes; and

(e)is not let for hire or reward other than under the terms of a
charter agreement or hire-purchase agreement;

,,restricted zone' means a restricted zone specified in the Schedule.

3. (1) No pleasure vessel shall, between the hours of 8 a.m. and
midnight on any Saturday or public holiday or on any day during the
period from 1 July to 15 September in any year. proceed at a speed
exceeding 5 knots in any restricted zone.

(2) The speed limit mentioned in sub-paragraph (1) shall apply to
pleasure vessels notwithstanding that some other limit might otherwise
apply under the Fourth Schedule to the Shipping and Port Control
Regulations.

SCHEDULE [para. 2.1

The restricted zones are-

(a) TOLO HARBOUR

(i) Zone T]

Yeung Chau (Plover Cove)

The waters of Hong Kong bounded on the south and east by a
straight line drawn 227.5 (T) at right angles from the Plover Cove
Reservoir Main Dam wall, latitude 22 27' 49 north, longitude 114 14' 15
cast, to a position at the eastern extremity of Ma shi' Chau latitude 22
27' 30 north, longitude 114 13 5Y cast.

(ii) Zone T2

Sha Tin Hoi (Title Cove)

The waters of Hong Kong bounded on the north and east by a
straight line drawn 29021 (T) from the Ma On Shan pier to the south of
Wu Kai Sha, latitude 22 25 W' north. lon2itude 114 13' 3W' cast to the
northern extremity of the land to the south-cast of Pak Shek Kok.
latitude 22 25'41` north, longitude 114 12' 24' east.





(b) PORT SHELTER AND ROCKY HARBOUR

(i) Zone K]

Tai Size Wan

The waters of Hong Kong bounded on the west by a straight line
drawn 1561'(T) from a headland at the northern side of Tai She Wan.
latitude 21 2V35' north, longitude 114~ 20 01 east to a headland at the
southern side of Tai She Wan, latitude 22 21 2T' north, longitude 114' 20
08 cast.

(ii) Zone K2

Tsam Chuk Wan

The waters of Hong Kong bounded on the south by a straight line
drawn 285(T) from a position at latitude 22 23'02' north, longitude 114
57' cast to the southern extremity of Hung Mo Tsim Island in latitude 22
23 06 north, longitude 114 18 44 cast, continuing to a position at Pai Au
at latitude 22 23 1 T' north, longitude 114- 18' 27' cast.

PORT SHELTER

(i) Zone K3

Hebe Haven Haven (Pak Sha
Wan)

The waters of Hong Kong bounded on the south by a straight line
drawn 061 -(T) from a headland to the south of Campers Beach, latitude
22 north, longitude 114 15 54 east to the headland at Pak Ma Tsui at
latitude 22` 21 06 north longitude 114 16 20 east

(ii) Zone K4

East Kiu Tsui Chau

The waters of Hong Kong bounded on the north and east by a
straight line drawn 162 (T) from the eastern extremity of Lam Hum
Chau. latitude 22 22' 28 north, longitude 114 17 39 cast to the beacon at
latitude 22 57' north, longitude 114 IT SO' east thence in a straight line
drawn 259 (T) to the south-eastern extremity of Hak Tui Wan latitude
22 213 56 north, longitude 114' 17 44 east

(iii) Zone K5

West Kau Sai Chau

The waters of Hong Kong bounded on the west by a straight line
drawn 354 (T) from the headland at Pak Sha Tsui, latitude 22 21 22'
north. longitude 114 18' 04 cast to a position, latitude 22 21 35 north,
longitude 114- 18'03'eastthen in a line drawn 044 (T) to a position on
Kau Sai Chau, latitude 22 21 43 north. longitude 114 18' 1 V east.

(iv) Zone K6

South Kau Sai Chau

The waters of Hong Kong bounded on the cast by a straight line
drawn 180(T) from the southern extremity of Kau Sai Chau, latitude 22'
20' 36 north, longitude 114- 19' 14' cast to the northern extremity of
Tiu Chung Chau, latitude 22 20 34 north, longitude 114- 19' 14' east and
on the west by a straight line drawn 114 (T) from a position at the south-
western most point of Kau Sai Chau at latitude 22 20' 39 north, longitude






114 18' 34 cast to the north-western extremity of Tiu Chung Chau.
latitude 22 20 22 north, longitude 114 1 S' 47' east.

(y) Zone K7

Bluff Island

The waters of Hong Kong bounded on the north by a straight line
drawn 254 (T) from the headland at ung Kong Tau, latitude 22 19' 40
longitude 114 21 12 cast to the headland at Yuen Kok Tau. latitude 22
19' 35 north. longitude 114 20' 55 cast.





(vi) Zone K8

Clear Water Bay

The waters of Hong Kong bounded on the south-cast by a straight
line drawn 051(T) from the eastern extremity of So Shi Tau. latitude 22
17 13

north, longitude 114 17 17 east to the headland at latitude 22 IT24'
north, longitude 114 17' 32' east.
(d) JUNK BA Y
(i) Zone S]
Shek Miu Wan

The waters of Hong Kong bounded on the south by a straight line
drawn 297-(T) from the headland to the west of Tin Ha Wan, latitude 22

16'48' north, longitude 114 16' 29' cast to the eastern extremity of
Fat Tau Chau, latitude 22- 16' 52' north, longitude 114 16' 20' cast.
thence a straight line drawn 014-(T) to the headland at the northern end
ofthe bay at latitude 22 IT 09' north, longitude 114 16' 25' east.

(e) HONG KONG ISLAND, SOUTH

(i) Zone A]

To Tei Wan

The waters of Hong Kong bounded on the south by a straight line
drawn 274 (T) from a position on the coast at latitude 22 13' 3Y north,
longitude 114 14' OT' east to a position at latitude 22 13' 32' north,
longitude 114 13' 57' east, thence a straight line drawn 348 (T) to a
position at latitude 22 13' 44' north. longitude 114 13' 55' east. thence
a straight line drawn 077 (T) to a position on the coast at latitude 22
13'45' north, longitude 114- 14' 0 1 east.

(ii) Zone A2

Tai Tam Harbour

The waters of Hong Kong bounded on the south and east by a
straight line drawn 254 (T) from a position latitude 22 14'27' north.
longitude 114 13' 5 1' east to a position latitude 22 14' 22' north.
longitude 114 13' 34' east.

(iii) Zone A3

Slanley Bay

The waters of Hong Kong bounded on the west by a straight line
drawn 114 (T) from the headland at latitude 22 13' 06' north. longitude
114~ 12' 2V east to the headland at latitude 22 12' 59' north. longitude
114~ 12' 39' east, thence a straight line drawn 189 (T) to the headland
at latitude 22 12' 44' north, longitude 114 12' 37' east.

(iv) Zone A4

Chung Hom Wan

The waters of Hong Kong bounded on the west by a straight line
drawn 180-(T) from a position at the mouth of the bay at latitude 22 13'
22' north, longitude 114 11' 45' east to a position at the south of the
bay at latitude 22~ 13' 02' north, longitude 114 11' 45' cast.

(v) Zone A5







South Ba v

The waters of Hong Kong bounded on the north by a straight line
drawn 214 (T) from the western extremity of the headland to the i~orth
of south Bay latitude 22 13' 48' north. longitude 114 11' 38' east to an
unnamed island to the east of Tau Chau, latitude 22 13' M' north.
longitude 114 11' 27 east.

(vi) Zone A6

Deep Water BaY

The waters of Hong Kong bounded on the west by a straight line
drawn

149'(T) from a point on Hong Kong Island at latitude 22 14' 3W north.





longitude 114 10' 3Y cast to a position at the north-western extremity of
Middle Island latitude 22 14' 16' north, longitude 114 10' 5Weast, thence
along the north coastline of Middle Island to a headland on the eastern
side of Middle Island latitude 22 14' 09' north, longitude 114 1 l' 11 east,
thence a straight line drawn 050 (T) to a position at latitude 22 14' IY'
north, longitude 114 11 2V east.

LAMMA ISLAND

(i) Zone A 7

North Lan?nia-Liik Chau Wan

The waters of Hong Kong bounded on the north by a straight line
drawn 071 (T) from the Lo Tik Wan pier light at latitude 22- 13' 31'
north, longitude 114 OT29' cast to the northern extremity of Luk Chau
at latitude 22- 13' 4W north, longitude 114 07' 57' cast, thence along
the western coastline of Luk Chau to a position at latitude 22- 13' 28'
north, longitude 114- 07' 52' cast, thence a straight line drawn 176-(T)
to a position at latitude 22- 13' 22' north, longitude 114 07' 54' east.

(ii) Zone AS

South Laninia-Sham Wan

The waters of Hong Kong bounded on the south by a straight line
drawn 072-(T) from the southern extremity of Tai Kok, latitude 22'
10'46' north, longitude 114 08' 04' cast to the southern extremity of
Yuen Kok, latitude 22 10' 5T' north. longitude 114 08' 44' east.

(g) CHEUNG CHA U

(i) Zone A 9

Cheung Chau-Tung 1Van

The waters of Hong Kong bounded on the north-cast by a straight
line drawn 160 (T) from a headland at the north of Tung Wan, latitude
22 13' 08' north, longitude 114 02' OW east to the headland at the south
of Tung Wan. latitude 22 12' 34' north, longitude 114 02' IY east.
L.N. 108/81. Citation. Interpretation. Schedule. Speed restriction on pleasure vessels. (Cap. 313, sub. leg.)

L.N. 108/81. Citation. Interpretation. Schedule. Speed restriction on pleasure vessels. (Cap. 313, sub. leg.)

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SHIPPING AND PORT CONTROL (PORTS) ORDER

SHIPPING AND PORT CONTROL (PORTS) ORDER



(Cap. 313, section 56)

[29th December, 1978]


1. This Order may be cited as the Shipping and Port Control
(Ports) Order.

2. The areas of the waters of Hong Kong which are specified in the
Schedule are declared to be ports for the purposes of the Shipping and
Port Control Ordinance.

SCHEDULE [para. 2.]

PORTS

Aberdeen

The waters enclosed within a line drawn on the west from the western
extremity of Ap Lei Chau Island (Aberdeen Island) to Pollux Rock (Kai Lung Wan
Shek), and on the cast by a line drawn due cast from the southern extremity of Ap
Lei Chau Island to the coast line of Hong Kong Island.

Castle Peak (Tuen Mun)

The waters of Castle Peak Bay enclosed in an area bounded by the shoreline of
Castle Peak Bay to the north of a line drawn from position 22' 22' 27' north, (1B)
57' 30 cast to position 22* 22' 41 north, (1B) 58 39* cast.

Cheung Chau

The waters of Cheung Chau Bay to the east of a line drawn between the two
western extremities of the bay.

Kat 0

The waters enclosed within an area bounded on the north by a line drawn due
west from Chek Kok Tau (North Point) to the meridian of longitude 114 17 03
cast, on the west of a line drawn due north from 0 Shi Kok along the meridian of
longitude 114' 17 03 cast to the northern boundary and on the cast and south by
the shore-line contained between Chek Kok Tau (North Point) and 0 Shi Kok.

Lau Fau Shan

The waters enclosed in an area bounded by a straight line drawn between
position 22' 28 28 north, (1B) 56 45 east and position 22' 29 33 north, (1B) 58
06' east and parallel lines drawn 120 from the above two positions respectively to
the coast line.

Sai Kung

The waters enclosed within an area bounded to the north by a line drawn from
Sha Kok Mei to the northern extremity of Yeung Chau, to the south by a line
drawn from Che Keng Tuk to the western extremity of Pak Sha Chau, and on the






east by a line drawn from the western extremity of Paak Sha Chau to the eastern
extremity of Yeung Chau.

Sha Tau Kok

The waters enclosed within an area bounded on the north by a line drawn due
east from the Boundary Post, Sha Tau Kok, to the eastern shore of Starling Inlet,
on the west by a line drawn due south from the Boundary Post, Sha Tau Kok, to
the eastern shore of Starling Inlet and on the south and east by the eastern shore of
Starling Inlet contained between the western and northern boundaries.





Sham Tseng

The area of water between Ma Wan (Island) and the mainland, bounded on the
east by a line drawn due north from the north-eastern extremity of Ma Wan to the
mainland, and on the west by a line drawn due north from the north-western
extremity of Ma Wan to the mainland.

Silver Mine Bay

The waters of Silver Mine Bay enclosed in an area bounded by the shoreline of
Silver Mine Bay to the northwestward of a straight line drawn from Castle Rock to
position 22' 16' Or north, 114 01 18' cast.

Stanley (East)

The waters enclosed by the foreshore and northwestward of a line drawn from
position 22' 13 00* north, 114' 13 IT cast to position 22' 13 59* north, 114' 14'
00 cast.

Stanley West)

The waters enclosed by the foreshore and north of a line drawn due cast from
Chung Horn Kok to Stanley Peninsula.

Tai 0

The waters to the eastward of a line drawn 200 from Bluff Point to meet the
coast of Lantau (Tai yu Shan) 13 cables from Bluff Point.

Tai PO

The waters of Tolo Harbour and Tide Cove enclosed to the westward of a line
drawn north and south through Bush Reef Light.

Tap Mun

The waters enclosed in an area bounded by a straight line drawn from Cheung
Mei Kok Point to Ma Yib or Junk Rock, a straight line drawn from Ma Yin or Junk
Rock to position 22' 28 12 north, 114' 21 Or east and the shore-line contained
between Cheung Mei Kok Point and position 22' 28 12 north, 114 21 2T cast.

victoria

On the east -a straight line drawn from the westernmost extremity of Siu Chau
Wan Point to the westernmost extremity of A Kung Ngam Point (sometimes
known as Kung Am);

On the west-a straight line drawn from the westernmost point of the Island of
Hong Kong to the westernmost point of Green Island, thence a straight line drawn
from the westernmost point of Green Island to the southeasternmost point of
Tsing Yi, thence along the eastern and northern coast lines of Tsing Yi to the
westernmost extremity of Tsing Yi and thence a straight line drawn true north
therefrom to the mainland.
L.N. 290/78. Citation. Ports of Hong Kong Schedule.

L.N. 290/78. Citation. Ports of Hong Kong Schedule.

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SHIPPING AND PORT CONTROL (DWELLING VESSELS) (CLOSED AREAS) (CONSOLIDATION) ORDER

SHIPPING AND PORT CONTROL (DWELLING VESSELS)
CLOSED AREAS) (CONSOLIDATION) ORDER

Regulation 16(1) of the Shipping and Port Control
(Dwelling Vessels) Regulations)

[9 September 1983]

L.N. 294 of 1983, L.N. 9 of 1985, L.N. 163 of 1985, R. Ed. 1985, L.N. 232 of 1989

1. Citation

This order may be cited as the Shipping and Port Control (Dwelling Vessels)
(Closed Areas) (Consolidation) Order.

2. Declaration of closed areas

The areas of the waters of Hong Kong specified in the Schedule are declared to
be closed to dwelling vessels.

SCHEDULE [para. 21

1 Kwun Tong Typhoon Shelter (L.N. 294 of 1983)

2. Rambler Channel Typhoon Shelter (L.N. 294 of 1983)

3. Yim Tin Tsai Typhoon Shelter (L.N. 294 of 1983)

4. Kowloon South Camber Typhoon Shelter (L.N. 294 of 1983)

5. Kowloon North Camber Typhoon Shelter (L.N. 294 of 1983)

6. The tidal waters of the Shing Mun River enclosed by a line joining the following two
positions-
(a) Latitude 22 24 32 N,

Longitude 114' 12 56 E; and
(b) Latitude 22 24 37 N

Longitude 114 12 50 E (L.N.294of1983)

7. That part of Hong Kong waters at Kwun Tong Tsai Wan (Yau Tong Bay), enclosed within
it
by a line joining the following two positions-
(a) Latitude 220 17'48.5'N,

Longitude 114* 13 49.0 E; and
(b) Latitude 22` 17 59.0 N

Longitude 114 13 41.7 E (L.N.9 of 1985)

8. That part of Hong Kong waters enclosed within the Wan Chai Public Cargo Working Area
by
a line joining the following two positions-
(a) Latitude 22 17 09.0 N,

Longitude 1141 10 42.1 E; and

4-

of 1983
9

(b) Latitude 22 17 09.7 N







Longitude 114 10 44.5 E (L.N. 163 of 1985)

9. That part of Hong Kong waters enclosed within the Chai Wan Public Cargo Working Area
by
a line joining the following two positions-
(a) Latitude 22* 16' 31.2' N,

Longitude 114' 14' 33.6' E;
and (b) Latitude 22* 16'28.0 N.

Longitude 114` 14' 30.6'E (L.N.163 of 1985)

10. Yau Ma Tei Typhoon Shelter

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SHIPPING AND PORT CONTROL (TYPHOON SHELTERS) REGULATIONS

SHIPPING AND PORT CONTROL (TYPHOON
SHELTERS) REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation Page

1. Citation ... ... ... ... 1 .. ... ... ... ... ... ... ... ... ... D
2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... D 2

3. Fairways in typhoon shelters ... ... ... ... ... ... ... ... ... ... D 2

4. Permit to enter and remain in typhoon shelters ... ... ... ... ... ... D 3

5. Use of typhoon shelters ... ... ... ... ... ... ... ... ... ... ... D 3

6. Speed in typhoon shelters ... ... ... ... ... ... ... ... ... ... D 3

7. Vessels entering typhoon shelters ... ... ... ... ... ... ... ... ... D 3

8. Vessels to anchor etc. as directed ... ... ... ... ... ... ... ... ... D 4

9. Yau Ma Tei Typhoon Shelter ... ... ... ... ... ... ... ... ... ... D 4

10. Power to remove vessels unlawfully in typhoon shelters ... ... ... ... D 4

11. Production of licence or permit ... ... ... ... ... ... ... ... ... D 5

12. Offences ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

13. Appeals ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

14. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... D 5

Schedule. Typhoon Shelters ... ... ... ... ... ... ... ... ... ... ... ... D 5





L.N. 275178. SHIPPING AND PORT CONTROL (TYPHOON

4 --1 Ok, SHELTERS) REGULATIONS

(Cap. 313, section 80)

L.N. 294178. [29th December, 1978.1
Citation. 1. These regulations may be cited as the Shipping and Port
Control (Typhoon Shelters) Regulations.
Interpretation. 2. In these regulations, unless the context otherwise requires-
'fairway' means the area of the waters within the limits of a typhoon
shelter set aside by the Director as a fairway under regulation 3;
'Port Communications Centre' means the Port Communications
Centre Signal Station specified in Part I of the Tenth Schedule
(Cap. 313, sub. leg.) to the Shipping and Port Control Regulations;
'prescribed vessel' means-
(a) a launch not exceeding 300 tons net, or a ferry vessel which
is used solely within the waters of Hong Kong, in respect
of which a licence or permit is issued under Part 11 of the
(Cap. 281, sub. leg.) Merchant Shipping (Launches and Ferry Vessels) Regula-
tions;
(b) a vessel in respect of which a licence is issued under Part 11
(Cap. 281, sub. leg.) of the Merchant Shipping (Miscellaneous Craft) Regula-
tions, other than a class III vessel specified in regulation 2
of those regulations;
(c) a vessel in respect of which an anchorage permit is issued
under regulation 3(6)(a) of the Merchant Shipping (Mis-
cellaneous Craft) Regulations;
(d) a pleasure vessel in respect of which a licence is issued under
(Cap. 281. sub. leg.) regulation 3 of the Merchant Shipping (Pleasure Vessels)
Regulations; and
(e) a vessel in respect of which the Director has issued a permit
under regulation 4;
Schedule. 'typhoon shelter' means a typhoon shelter specified in the Schedule.
Fairways in 3. (1) The Director may set aside any area of the waters
typhoon within the limits of a typhoon shelter as a fairway for the passage

shelters. of vessels.

(2) The area of a fairway shall be-

(a)the area that is marked as a fairway on a plan of a typhoon
shelter signed and dated by the Director and kept at the
principal office of the Director; and

(b)the area that is bounded by straight lines drawn joining the
buoys laid by the Director along either side of such





area for the purpose of demarcating the boundaries of such
area.

4.The Director may, subject to any conditions he thinks fit, grant a
permit in writing permitting any vessel to enter and remain in a typhoon
shelter specified in the permit.



5. (1) Except with the permission of the Director, a vessel shall not
enter or remain in a typhoon shelter when no strong monsoon signal or
tropical cyclone warning signal is hoisted at the Port Communications
Centre.

(2) Subject to paragraphs (3), (4) and (5), no vessel, other than

ù prescribed vessel, shall enter or remain in a typhoon shelter when

ù strong monsoon signal or tropical cyclone warning signal is hoisted at
the Port Communications Centre.

(3) The Director may by a direction prohibit any class of prescribed
vessels from entering or remaining in a typhoon shelter.

(4) If the Director is of the opinion that the presence of a prescribed
vessel in a typhoon shelter is or would be a hazard therein owing to its
size or design, the Director may, by endorsement on its licence or permit
issued under the Merchant Shipping (Launches and Ferry Vessels)
Regulations, or on its licence issued under the Merchant Shipping
(Miscellaneous Craft) Regulations, or on its licence issued under the
Merchant Shipping (Pleasure Vessels) Regulations, as the case may be,
or by a direction, prohibit the prescribed vessel from entering or
remaining in any typhoon shelter.

(5) If the Director is of the opinion that, owing to the number of
vessels in a typhoon shelter, the presence of a prescribed vessel is or
would be a hazard therein, the Director may by a direction prohibit the
prescribed vessel from entering the typhoon shelter or require the
removal of the vessel therefrom, as the case may be.

(6) A direction under paragraph (4) or (5) may apply-

(a)to a particular prescribed vessel or to a class of prescribed
vessels; or

(b)in relation to a particular typhoon shelter or to typhoon
shelters generally.

6. Vessels underway in the entrance to or within a typhoon shelter
shall proceed with caution and at a speed not exceeding 3 knots.

7. When underway in the entrance to a typhoon shelter-

(a)vessels of 1,500 piculs capacity or less shall proceed not more
than 2 abreast;

(b)vessels of more than 1,500 piculs capacity shall proceed one
at a time;





(c)not more than 4 vessels exceeding 500 piculs capacity shall be
towed at a time by one vessel.

8. (1) The Director may direct a vessel within a typhoon shelter to
take up a particular position and to anchor, moor or secure in
accordance with such direction.

(2) No vessel shall, unless directed so to do under paragraph (1),
take up any position, or anchor, moor or secure

(a)in a typhoon shelter so as to obstruct the free access of other
vessels to any unoccupied space in the typhoon shelter; or

(b) in a fairway so as to obstruct the passage of vessels.

(3) A direction under paragraph (1) may apply to a particular vessel
or to a class of vessels.

9. (1) This regulation shall apply only to the Yau Ma Tei Typhoon
Shelter.

(2) No vessel shall enter or remain in the area enclosed by a line
drawn from the light on the sea side of the southern entrance to the
southwestern point of the public waterfront unless permitted by the
Director.

10. (1) If any vessel-

(a)enters or remains in a typhoon shelter in contravention of
regulation 5;

(b)enters or remains in the Yau Ma Tei Typhoon Shelter in
contravention of regulation 9; or

(c)in contravention of a direction given by the Director, enters or
remains in a typhoon shelter or is not removed from a typhoon
shelter or is not moved from the position in which it is lying in
a typhoon shelter,

the Director may, subject to paragraphs (2) and (3), take possession of
the vessel and remove it from the typhoon shelter or move it from the
position in which it is lying.

(2) Subject to paragraph (3), the Director shall give to the owner or
master of a vessel not less than 14 days' notice in writing of any
proposed exercise of his powers under paragraph (1).

(3) The Director may exercise his power under paragraph (1)-

(a)at any time after notice under paragraph (2) is given, if a
strong monsoon signal or tropical cyclone warning signal is
hoisted at the Port Communications Centre; or

(b)without giving notice, if the owner or master of the vessel
cannot be found or the vessel is, in the opinion of the
Director, abandoned.





(4) If any person on board a vessel obstructs the Director in the
exercise of his powers under paragraph (1), such person may be evicted
from the vessel by the Director.

(5) The Director may use such force as may be necessary for the
exercise of his powers under paragraph (1) or for the purposes of
paragraph (4).

11. The Director may require the owner or master of a prescribed
vessel to produce a licence or permit issued in respect of the vessel

(a) for inspection; or

(b) for endorsement under regulation 5(4).

12. (1) In the event of-

(a)a contravention of a condition of a permit granted under
regulation 4;

(b) a contravention of regulation 5(1) or (2), 6, 7, 8(2) or 9(2);

(c)a contravention of a direction or endorsement given or made
under regulation 5(3), (4) or (5);

(d)a failure to comply with a direction given under regulation 8(1)
or a requirement under regulation 11,

the owner and the master of the vessel commit an offence and each of
them is liable to a fine of 55,000, unless the owner or master (as the case
may be) shows that the offence was committed without his knowledge
and that he had taken all practicable steps to prevent the commission of
the offence.

(2) Any person who obstructs the Director in the exercise of his
powers under regulation 10(1) or (4) commits an offence and is liable to a
fine of $5,000 and to imprisonment for 6 months.

13. Any person aggrieved by the exercise of the power conferred
by regulation 5(4) may appeal to the Governor, and the Governor may
make such order as appears to him to be just.

14. The Director may by order published in the Gazette amend the
Schedule.

SCHEDULE [reg. 2.1

Typhoon Shelters

Yau Ma Tei Typhoon Shelter.
Causeway Bay Typhoon Shelter.
Sam Ka Tsuen Typhoon Shelter.
Rambler Channel Typhoon Shelter.
Tsing Yi Typhoon Shelter
Kowloon South Camber Typhoon Shelter.
Kowloon North Camber Typhoon Shelter.
Shuen Wan Typhoon Shelter.
Aberdeen West Typhoon Shelter.
Aberdeen South Typhoon Shelter.
Yim Tin Tsai Typhoon Shelter.
Aldrich Bay Typhoon Shelter.
Kwun Tong Typhoon Shelter.
L.N. 275/78. L.N. 294/78. Citation. Interpretation. (Cap. 313, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Schedule. Fairways in typhoon shelters. Permit to enter and remain in typhoon shelters. Use of typhoon shelters. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Speed typhoon shelters. Vessels entering typhoon shelters. Vessels to anchor etc. as directed. Yau Ma Tei Typhoon Shelter. Power to remove vessels unlawfully in typhoon shelters. Production of licence or permit. Offences. Appeals. Amendment of Schedule.

L.N. 275/78. L.N. 294/78. Citation. Interpretation. (Cap. 313, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Schedule. Fairways in typhoon shelters. Permit to enter and remain in typhoon shelters. Use of typhoon shelters. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Speed typhoon shelters. Vessels entering typhoon shelters. Vessels to anchor etc. as directed. Yau Ma Tei Typhoon Shelter. Power to remove vessels unlawfully in typhoon shelters. Production of licence or permit. Offences. Appeals. Amendment of Schedule.

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SHIPPING AND PORT CONTROL (DWELLING VESSELS) REGULATIONS

SHIPPING AND PORT CONTROL (DWELLING
VESSELS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... C 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... C 2
3. Licensing of dwelling vessels ... ... ... ... ... ... ... ... ... ... ... C 2
4. Application for licence ... ... ... ... ... ... ... ... ... ... ... ... C 3
5. Director to maintain register ... ... ... ... ... ... ... ... ... ... ... C 3
6. Owner to notify Director of change in ownership... . ... ... ...
... ... C3
7. Painting of licence numbers and other particulars on vessel ... ...
... ... C 4
8. Licences to be transferable only in certain circumstances ... ... ...
... ... C 4
9. Discretion to cancel licence ... ... ... ... ... ... ... ... ... ... ... C 4
10. Licence to be kept on board and produced for inspection ... ... ...
... ... C 5
11. Issue of duplicate licence if destroyed, etc . ... ... ... ... ... ... ... .. C 5
12. Penalty for fraudulent use of licence ... ... ... ... ... ... ... ... ... C 5
13. Breach of condition of licence ... ... ... ... ... ... ... ... ... ... ... C 5
14. Replacement of unsafe vessels ... ... ... ... ... ... ... ... ... ... C 5
15. Director may require information ... ... ... ... ... ... ... ... ... ... C 6
16. Closed areas ... ... ... ... ... ... ... ... ... ... ... ... ... ... C 6
17. Unlicensed vessels in prescribed or closed area ... ... ... ... ... ... ... C 6
18. Sale of detained vessels ... ... ... ... ... ... ... ... ... ... ... ... C 6
19. Amendment of First Schedule ... ... ... ... ... ... ... ... ... ... C 7

First Schedule. Prescribed Areas ... ... ... ... ... ... ... ... ... ... ... ... C 7 Second Schedule.
Form of Licence ... ... ... ... ... ... ... ... ... ... ... ... C 7





L.N. 132183. SHIPPING AND PORT CONTROL (DWELLING
L.N 150184. VESSELS) REGULATIONS
L.N. 220184.
L.N. 269184.
L.N. 8185. (Cap. 313, section 33)
L.N. 162185.
L.N. 337185.
L.N. 284186.
L.N. 141187. [13 April 1983.1
Citation. 1.These regulations may be cited as the Shipping and Port

Control (Dwelling Vessels) Regulations.

Interpretation. 2. In these regulations, unless the context otherwise requires-
'closed area' means an area of the waters of Hong Kong declared
by the Governor under regulation 16 to be closed to dwelling
vessels;
'licence' means a licence issued under regulation 3;
'licensee' means a person to whom a licence is issued and a person
to whom a licence is transferred under regulation 8;
'prescribed area' means an area of the waters of Hong Kong
First Schedule. specified in the First Schedule.
Licensing of 3. (1) The Director shall, subject to such conditions as he
dwelling vessels. thinks fit, issue a licence in respect of a dwelling vessel in a prescribed
area to a person normally dwelling thereon if he is satisfied that such
dwelling vessel was in such prescribed area at the commencement of
these regulations or at the time such area was prescribed, as the case
may be.
(2) No person shall use any vessel as a dwelling vessel in a
prescribed area, and no dwelling vessel shall enter or remain in a
prescribed area,-
(a) without a licence; and
(b) except in accordance with these regulations and the condi-
tions endorsed on the licence issued in respect of that
vessel.
(3) A licence may be issued or renewed for a period not
exceeding 12 months.
(4) Unless renewed a licence shall, on expiry, be surrendered
to the Director.
(5) No fee shall be payable in respect of the issue or renewal of
a licence.

Second Schedule. (6) A licence shall be in the form set out in the Second Schedule.

(7)(a) Any person who, without reasonable cause, uses a dwelling
vessel in a prescribed area, or permits a dwelling vessel to enter
or remain in a prescribed area, in contravention of paragraph (2)
commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.





(b)If a dwelling vessel is in a prescribed area in contravention
of paragraph (2) the person in control of that vessel
commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

(8) The Director may, at any time, make such amendments or
additions to the conditions endorsed on a licence as appear to him to
be necessary or advisable in the interests of safety and discipline and
may call for the delivery to him of a licence for such amendments or
additions to be endorsed thereon.

(9) Any person who, without reasonable cause, fails to deliver
a licence to the Director for amendment or endorsement under
paragraph (8) commits an offence and is liable to a fine of $5,000 and
to imprisonment for 6 months.

4. (1) An application for the issue of a licence shall be made
to the Director in a form specified by the Director and the applicant
shall state in his application-

(a)his name, age, occupation, identity card number and postal
address, and, if he is not the owner of the dwelling vessel,
the name and postal address of the owner thereof, and

(b)the name, age, occupation and the number of the identity
card, if any, of every person normally dwelling on the
vessel at the time of the application, and his relationship to
the applicant.

(2) An application for the renewal of a licence shall be made to
the Director in a form specified by the Director and shall give such
particulars regarding the applicant, the owner and every person
normally dwelling on the vessel at the time of the application as the
Director may require.

5. The Director shall maintain a register wherein shall be
recorded-

(a)particulars of every licensed dwelling vessel and of the
licensee and owner thereof,

(b)particulars of all persons normally dwelling on the vessel
at the time application for a licence is made under regula-
tion 4(1); and

(c)particulars of the permitted mooring place of every
licensed dwelling vessel.

6. (1) If there is any change in the ownership of a licensed
dwelling vessel, the new owner shall, within 72 hours of such change,
notify the Director thereof in a form specified by the Director and
deliver the licence to him for amendment.

(2) On receipt of a notification of a change of ownership under
paragraph (1) the Director shall cause the particulars of the change
to be noted-





(a) on the licence free of charge; and

(b) in the register maintained by him under regulation 5.

(3) Any person who, without reasonable cause, contravenes
paragraph (1) commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

7. (1) The licence number endorsed on the licence issued in respect
of a dwelling vessel and such other particulars of the licence as the
Director shall specify shall be painted on every licensed dwelling vessel.

(2) The painting of the licence number and other particulars on a
licensed dwelling vessel under this regulation shall be done in such
manner and place as the Director shall specify and only by persons
authorized by the Director.

(3) Any person who, without reasonable excuse, damages,
obliterates or defaces any number or particulars painted on a dwelling
vessel in accordance with paragraph (1) and any licensee who
contravenes paragraph (2) commits an offence and is liable to a fine of
$5,000 and to imprisonment for 6 months.

8. (1) A licence shall not be transferable to any other person except
in accordance with paragraph (2) or (3).

(2) On the death of a licensee, the surviving spouse, parent or
parent-in-law, or eldest child over the age of 16 years, of the deceased
licensee, in that order, who was dwelling on the vessel at the time that
the licence was first issued in respect of the vessel may apply to the
Director for the transfer to him of the licence, and the Director may, if he
is satisfied that the applicant is entitled to the transfer, transfer the
licence to the applicant.

(3) Where the persons dwelling on a licensed dwelling vessel
comprise members of more than one family and the licensee and
members of his family cease to dwell on the vessel, a person, other than
the licensee or a member of his family, who was dwelling on the vessel at
the time that the licence was first issued in respect of the vessel and who
is nominated in that behalf by the family or families continuing to dwell
thereon, may apply to the Director for the transfer to him of the licence
and the Director may, if he is satisfied that the applicant is entitled to the
transfer, transfer the licence to the applicant.

(4) Where there is no person permitted to make application for the
transfer of a licence under paragraph (2) or (3) the licence shall lapse.

9. The Director may, without prejudice to regulation 13, cancel any
licence for a contravention of any condition endorsed on a licence or of
any of these regulations.





10. (1) Every licence shall, at all times, be kept on board the
dwelling vessel in respect of which it is issued and shall be produced
on demand to any authorized officer by the licensee or other person
normally dwelling on the vessel.

(2) Any person who, without reasonable excuse, fails to pro-
duce a licence when called upon to do so by an authorized officer
commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

11. Where any licence is destroyed, defaced or lost, the Direc-
tor may, if he is satisfied as to the destruction, defacement or loss,
issue a duplicate licence free of charge and such duplicate shall have
the same force and effect as the original licence.

12. Any person who fraudulently alters or uses, or permits to
be fraudulently altered or used, a licence or a duplicate of any such
licence commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

13. Any licensee who contravenes any condition endorsed on a
licence commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

14. (1) If the Director is satisfied that a licensed dwelling
vessel is in an unsafe condition he may permit that vessel to be
replaced by the licensee with another vessel if he is satisfied that-

(a) the replacement vessel is in a safe condition;

(b)the dimensions of the replacement vessel are no larger than
those of the vessel to be replaced;

(c)the licensee and the persons normally dwelling on the
vessel to be replaced provide a service to other vessels in
the vicinity licensed under these regulations or under the
Merchant Shipping (Miscellaneous Craft) Regulations;
and

(d)the vessel to be replaced will be surrendered for destruction
under paragraph (3).

(2) The Director may require a replacement vessel to be
examined, free of charge to the licensee, by a person authorized by
him to ensure that it complies with sub-paragraphs (a) and (b) of
paragraph (1).

(3) Where the Director permits the replacement of an unsafe
vessel under this regulation, such unsafe vessel shall be surrendered
by the licensee to the Director for destruction.

(4) Any licensee who fails to surrender an unsafe vessel in
accordance with paragraph (3) commits an offence and is liable to a
fine of $5,000 and to imprisonment for 6 months.





15. (1) The Director may, from time to time, require a licensee to
inform him of the number, the names and ages, occupations and identity
card numbers of all persons normally dwelling on the dwelling vessel at
the time of the request.

(2) Any licensee who, having been required to give infonation
under paragraph (1), fails to do so, or gives information which he knows
or reasonably ought to know to be false in a material particular, commits
an offence and is liable to a fine of $5,000 and to imprisonment for 6
months.

16. (1) The Governor may, by order, declare any area of the waters
of Hong Kong to be closed to dwelling vessels.

(2) No dwelling vessel may enter or remain, or be permitted to enter
or remain, in a closed area.

17. (1) The Director may, by notice affixed to the mast or other
prominent part thereof, order that a dwelling vessel in a closed area or an
unlicensed dwelling vessel in a prescribed area be removed therefrom
within such time, being not less than 14 days, as the Director may
specify in the notice; and such notice may be directed to any specified
person, or generally to all persons normally dwelling on the vessel.

(2) Any person who, having been ordered to remove a dwelling
vessel under paragraph (1), fails without reasonable cause to comply
with such order commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

(3) The Director may seize, remove and detain any dwelling vessel
in respect of which an order for removal has been made and not
complied with, and, for the purposes of such seizure, removal and
detention, may remove any person or property found thereon.

(4) The Director may take possession of any property found on a
dwelling vessel seized or detained under paragraph (3) and any such
property shall become the property of the Crown free from the rights of
any person and may be destroyed or otherwise disposed of as the
Director thinks fit.

(5) Any person who obstructs the Director in the seizure, removal
and detention of any dwelling vessel or in the removal of any person or
property therefrom commits an offence and is liable to a fine of $5,000
and to imprisonment for 6 months.

18. (1) Subject to paragraph (2) the Director may, as soon as
practicable after the seizure, removal and detention of a dwelling vessel
under regulation 17, sell it by public auction or tender or in such other
manner as he sees fit.

(2) The Director shall give not less than 5 days notice of the
proposed sale, under paragraph (1), of any dwelling vessel by
publishing notice thereof in one newspaper printed in the English





language and one newspaper published in the Chinese language and
circulating in the area in which such dwelling vessel was seized.

(3) The proceeds of sale, if any, of a dwelling vessel sold under
paragraph (1) shall be paid to the owner thereof, if known, and, if the
owner thereof is not known or does not claim such proceeds within 6
months of the sale, shall be paid into the general revenue of Hong Kong.

(4) Any dwelling vessel which the Director is unable to sell may be
destroyed or otherwise disposed of in such manner as the Director sees
fit.

19. The Director may, by order, amend the First Schedule.

FIRST SCHEDULE [reg. 2.1

PRESCRIBED AREAS

Aberdeen South Typhoon Shelter
Aberdeen West Typhoon Shelter

Aldrich Bay Typhoon Shelter

Causeway Bay Typhoon Shelter Cheung Chau Typhoon Shelter Sai Kung Harbour,
being that area of the waters of Hong Kong enclosed by Sai Kung Public Pier and to
the west of a straight line joining the following two positions(a) Latitude 22' 22'
45.0 N,

Longitude 1141 16 20.0 E; and
(b) Latitude 22' 22' 58.5 N,
Longitude 114' IT24.T' E
Sam Ka Tsuen Typhoon Shelter
Shuen Wan Typhoon Shelter
Tuen Mun Typhoon Shelter
Yau Ma Tei Typhoon Shelter


SECOND SCHEDULE [reg. 3.]

FORM OF LICENCE

SHIPPING AND PORT CONTROL ORDINANCE
(Chapter 313)

SHIPPING AND PORT CONTROL (DWELLING VESSELS) REGULATIONS

LICENCE FOR DWELLING VESSEL

Name of Vessel ........Licence No .
Length ................Breadth

Name of Licensee
.......................................................................................................
Name of Owner (if not licensee)
.................................................................................
This vessel was first licensed on
..................................................................................

when it was found to accommodate persons (including children).

Date of Expiry of Licence (unless cancelled)
..............................................................
This licence is issued subject to the provisions of the Shipping and Port Control
Ordinance and regulations made thereunder and subject to the conditions endorsed
hereon.











CONDITIONS

1.This licence shall be kept on board and shall be produced on demand to any
authorized officer.

2. The vessel shall be used solely for dwelling purposes.

3. (a) This vessel may not be moved or removed from the permitted mooring
place

shown in sub-paragraph (b) without the permission of the Director of
Marine.

(b) The permitted mooring place of the vessel is
...............................................
in the
.................................................................................
........................... [name prescribed typhoon
shelter/area]

4.This licence is not transferable except in accordance with the Shipping and
Port Control (Dwelling Vessels) Regulations.

Director of Marine.

............

(Date)

L.N. 132/83. L.N. 150/84. L.N. 220/84. L.N. 269/84. L.N. 8/85. L.N. 162/85. L.N. 337/85. L.N. 284/86. L.N. 141/87. Citation. Interpretation. First Schedule. Licensing of dwelling vessels. Second Schedule. Application for licence. Director to maintain register. Owner to notify director of change in ownership. Painting of licence numbers and other particulars on vessel. Licences to be transferable only in certain circumstances. Discretion to cancel licence. Licence to be kept on board and produced for inspection. Issue of duplicate licence if destroyed, etc. Penalty for fraudulent use of licence, Breach of condition of licence. Replacement of unsafe vessels. (Cap. 281, sub. leg.( Director may require information. Closed areas. Unlicensed vessels in prescribed or closed area. Sale of detained vessels. Amendment of First Schedule. L.N. 150/84. L.N. 220/84. L.N. 337/85. L.N. 337/85. L.N. 8/85. L.N. 162/85. L.N. 141/87. L.N. 269/84. L.N. 284/86.

L.N. 132/83. L.N. 150/84. L.N. 220/84. L.N. 269/84. L.N. 8/85. L.N. 162/85. L.N. 337/85. L.N. 284/86. L.N. 141/87. Citation. Interpretation. First Schedule. Licensing of dwelling vessels. Second Schedule. Application for licence. Director to maintain register. Owner to notify director of change in ownership. Painting of licence numbers and other particulars on vessel. Licences to be transferable only in certain circumstances. Discretion to cancel licence. Licence to be kept on board and produced for inspection. Issue of duplicate licence if destroyed, etc. Penalty for fraudulent use of licence, Breach of condition of licence. Replacement of unsafe vessels. (Cap. 281, sub. leg.( Director may require information. Closed areas. Unlicensed vessels in prescribed or closed area. Sale of detained vessels. Amendment of First Schedule. L.N. 150/84. L.N. 220/84. L.N. 337/85. L.N. 337/85. L.N. 8/85. L.N. 162/85. L.N. 141/87. L.N. 269/84. L.N. 284/86.

https://oelawhk.lib.hku.hk/items/show/3192

SHIPPING AND PORT CONTROL (CARGO HANDLING) REGULATIONS

SHIPPING AND PORT CONTROL (CARGO HANDLING)

REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation....................................... Page

PART I

PRELIMINARY

1. Citation and commencement .............. ... ... ... ... ... ... B 3

2. Interpretation ............................ ... ... ... ... ... ... B 3
3. Application ............................ ... ... ... ... ... ... B 4

PARTII
SAFE MEANS OF ACCESS AND SAFE
WORKPLACES

4. Duty to comply with this Part ......... ... ... ... ... ... ... B 4
5. Safe means of access to vessels .......... ... ... ... ... ... ... B 4

6. Safe means of access when vessels alongside each other ... ... ... B 5

7. Safe means of access to holds ......... ... ... ... ... ... ... ... B 5

8. Lighting of workplaces ................... ... ... ... ... ... ... B 6

9. Ventilation and protection against fumes, etc . ... ... ... ... ... B 7

10.................Gear for lifting beams .... ... ... ... ... ... ... ... ... ... B 7

11..........................Marking on hatch coverings and beams ... ... ... ... ... ... B 7
12..........................Maintenance of hatch coverings and beams ... ... ... ... ... ... B 7

13.....................................Hand grips and locking devices on hatch coverings and hatch beams ... B 7

14..........................Safety in removing and replacing beams ... ... ... ... ... ... B 7
15..........................Power operated hatch coverings and hull doors ... ... ... ... ... B 8

PART III
LIFTING APPLIANCES AND
LIFTING GEAR

16.....................Duty to comply with this Part ... ... ... ... ... ... ... ... B 8
17.....................Safe lifting appliances and gear ... ... ... ... ... ... ... ... B 8

18................Markings on lifting gear ... ... ... ... ... ... ... ... ... ... B 8

19.....................Prohibitions regarding lifting gear ... ... ... ... ... ... ... ... B 8

20............................Testing and examination of lifting appliances ... ... ... ... ... B 9

21.................Testing of lifting gear 1 ... ... ... ... ... ... ... ... ... B 9

22............Testing of ropes ............... ... ... ... ... ... ... ... ... ... B 9

23.....................Certificates to be obtained, etc. 1 ... ... ... ... ... ... ... ... B 10
24.....................Safe working load of pulley blocks ... ... ... ... ... ... ... B 10

25............................Safe working loads for cranes and slings, etc . ... 1 ... ... ... B 10

26..........................Shortening of chains and their protection ... ... ... ... ... ... B 11







27.................Fencing of motors, etc . ... ... ... ... ... ... ... ... ... ... B11
28.................Safeguards on cranes, etc. ... ... ... ... ... ... ... ... ... B 11

29.....................Driver's platform on cranes, etc . ... ... ... ... ... ... ... ... B 11
30. Measures regarding stem B11





Regulation PART IV Page

CARGO HANDLING

31.....................Duty to comply with this Part ... . ... ... ... ... ... B11

32..................Means of escape of workers ... ... ... ... ... ... ... ... ... B 12

33.......................Safe working load not to be exceeded ... ... ... ... ... ... ... B 12

34................................Competent person to be in charge of lifting appliances ... ... ... B 12

35.......................Operators of lifting appliances, etc. ... ... ... ... ... ... ... B 12

36..................Deck-stages or cargo-stages ... ... ... ... ... ... ... ... ... B 12

37..............Fencing of hatches ............. ... ... ... ... ... ... ... ... B 12

38.......................Loading or unloading by fall or sling ... ... ... ... ... ... ... B 13

39...........Use of hooks ................... ... ... ... ... ... ... ... ... B 13
40...........Provision of staging ........ ... ... ... ... ... ... ... ... ... ... B 13

41.........Shoring ....................... ... ... ... ... ... ... ... ... B 13

42..............Securing of beams ........... ... ... B 13

43..................Employment of signallers ... ... ... ... ... ... ... ... ... B 14

PART V
MISCELLANEOUS
PRODUCTIONS

44..................Duty to comply with this Part ... ... 1 ... ... ... ... ... B 14

45.......................Unauthorized removal of fencing, etc . ... ... ... ... ... ... ... B 14

46....................Safe means of access to be used ... ... ... ... ... ... ... ... B 14
47....................Prohibition on going upon beams ... ... ... ... ... .... ... ... B 14

PART VI
MISCELLANEOUS
PROVISIONS

48.........................Prohibition on use of appliances or gear ... ... ... ... ... ... B 14

49.............................Obligation of employers to comply with regulations ... ... ... ... B 14

50................Issue of certificates, etc . ... ... ... ... ... ... ... ... ... ... B is

51.......................Production of registers for inspection ... ... ... ... ... ... ... B 15

52................Reciprocal arrangements ... ... ... ... ... ... ... ... ... ... B is
53................Duty to report accidents ... ... ... ... ... ... ... ... ... ... B is

54......Forms ............................... ... ... ... ... ... ... ... B 16

PART VII
OFFENCES AND PENALTIES

55....................Offences by owners, masters etc . ... ... ... ... ... ... ... ... B 16

56...........................Offences by owners of lifting appliances, etc . ... ... ... ... ... B 16
57...........................Offences by persons carrying on cargo handling ... ... ... ... ... B 16
58. Contraventions of Part V B 16






59. Offence by employers B 16

60. Offences by competent examiners, etc . ... ... ... ... ... ... ... ... B 17

61. Offence for failure to produce register, etc . ... ... ... ... ... ... ... B 17 Schedule ... ... ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... B 17





SHIPPING AND PORT CONTROL (CARGO HANDLING) L.N. 287178.
REGULATIONS

(Cap. 313, section 80)

[29th December, 1978.1

PART I

PRELIMINARY

1. (1) These regulations may be cited as the Shipping and Citation and

Port Control (Cargo Handling) Regulations. commencement.

(2) Subject to paragraph (3), these regulations shall come into
operation on the 29th December 1978.

(3) Regulations 19(1), 20, 21(1) and (3), 22(1)(b), 23, 24, 25 and 5 1
shall come into operation on the 1 st July 1979.

2. In these regulations, unless the context otherwise requires Interpretation.

'competent examine?' means a person who, by reason of his
qualifications, training and experience, is competent to carry out
any test or examination of a lifting appliance or lifting gear for the
purposes of these regulations;

-competent person' means a person who, by reason of his training and
practical experience, is competent to perform an inspection or other
duty required to be carried out by a competent person for the
purposes of these regulations;

'hatch' means an opening in a deck used for the purpose of loading or
unloading a vessel or for trimming, or for ventilation;

'hatchway' means the whole space within the square of the hatches,
from the top deck to the bottom of the hold;

'owner' in relation to a lifting appliance or lifting gear, includes the
lessee or hirer thereof, and any overseer, foreman or other person in
charge or having the control or management of the lifting appliance
or lifting gear;

'person employed' means a person employed in cargo handling;

'pulley block' means a pulley, block, gin or similar gear, other than a
crane block specially constructed for use with a crane to which it is
permanently attached;

'register' means a register, in the specified form, of lifting appliances
and lifting gear;





'safe working load', in relation to a lifting appliance or lifting gear,
means

(a)the appropriate safe working load for operating the lifting
appliance or lifting gear as specified in the current certificate of
test and examination delivered in the specified form by a
competent examiner in respect of that lifting appliance or lifting
gear for the purposes of these regulations; or

(b)where no such certificate is required, the relevant safe working
load marked or ascertainable in accordance with regulation 25;

'.specified form' means a form specified by the Director under regulation
54 for any particular purpose of these regulations or a form
substantially similar to a form so specified;

'test and examination-, in respect of a lifting appliance or lifting gear,
means a test and examination in the manner set out in the
Schedule;

'thorough examination', in respect of a lifting appliance or lifting gear,
means a visual examination, supplemented if necessary by other
means such as a hammer test, carried out as carefully as the
conditions permit, in order to arrive at a reliable conclusion as to
the safety of the parts examined; and if necessary for the purpose,
by the dismantling of the parts of the lifting appliance or lifting
gear;

'workplace' means any place on a vessel in which persons employed
carry on cargo handling.

3. (1) Subject to paragraph (2), these regulations apply to all lifting
appliances and lifting gear used for cargo handling on board vessels.

(2) These regulations do not apply to lifting appliances and lifting
gear used from a place on land for cargo handling.

PART 11

SAFE MEANS OF ACCESS AND SAFE WORKPLACES

4. It shall be the duty of the owner, master or officer in charge of a
vessel to comply with this Part.

5. (1) Subject to paragraph (3), if a vessel is lying at a wharf or quay
for the purpose of loading or unloading cargo, there shall be safe means
of access for the use of persons employed at such times as they have to
pass from the vessel to the shore or from the shore to the vessel.





(2) For the purposes of paragraph (1), the safe means of access
shall be

(a)where reasonably practicable, the vessel's accommodation
ladder, a gangway or a similar construction, not less than 550
mm wide, properly secured to prevent its displacement,
constructed of materials of good quality and in good
condition, and securely fenced throughout on each side to a
clear height of not less than 820 mm, by means of upper and
lower rails, taut ropes or chains or by other equally safe means,
except that in the case of a vessel's accommodation ladder
such fencing shall be necessary on one side only provided
that the other side is properly protected by the vessel's side;

(b)in other cases, a ladder of sound material and adequate length
which shall be properly secured to prevent its displacement.

(3) This regulation shall not apply to-

(a)cargo stages or cargo gangways if other proper means of
access. is provided in accordance with these regulations;

(b)any vessel which is 50 m or less in length, if and while the
conditions are such that it is possible without undue risk to
pass to and from the vessel without the aid of any special
appliances.

6. (1) If a vessel is alongside any other vessel and persons
employed have to pass from one to the other, safe means of access shall
be provided for their use, unless the conditions are such that it is
possible to pass from one to the other without undue risk without the
aid of any special appliances.

(2) If one of such vessels is a barge, lighter or other similar vessel
of relatively low freeboard, the means of access shall be provided by the
vessel which has the higher freeboard.

7. (1) Where persons employed have to carry on cargo handling in a
hold the depth of which from the level of the deck to the bottom of the
hold exceeds 1.5 m, there shall be maintained safe means of access from
the deck to the hold for the use of persons employed.

(2) Save as otherwise provided in this regulation, the safe means of
access shall be afforded by ladder, or by ladder cleats or cups on the
coamings.

(3) The means of access provided under paragraph (2) shall not be
deemed to be safe

(a)unless the ladders between the lower decks are in the same
line as the ladder from the top deck, if that is practicable
having regard to the position of the lower hatch or hatches;





(b)unless the ladders provide a foothold of a depth, including any
space behind the ladder, of not less than 115 mm for a width of
not less than 250 mm and a firm handhold,

(c) unless the cleats or cups provided on coamings-

(i) provide a foothold of a depth, including any space
behind the cleats or cups, of not less than 115 mm for a width
of not less than 250 mm and a firm handhold;

(ii) are so constructed as to prevent a person's foot slipping
off the side; and

(iii) are placed vertically one above the other and in the
same line as the ladders to which they give access;

(d)unless the cargo is stowed sufficiently far from the ladder to
leave at each rung of the ladder a foothold of a depth, including
any space behind the ladder, of not less than 115 mm for a
width of not less than 250 mm and a firm handhold;

(e)unless there is room to pass between a winch or other
obstruction and the coamings at the place where the ladder
leaves the deck;

if the ladder is recessed under the deck more than is
reasonably necessary to keep the ladder clear of the
hatchway.

(4) The safe means of access may be provided-

(a)where the provision of a ladder on a bulkhead or in a trunk
hatchway can be shown to be reasonably impracticable, by
cleats or cups complying with the requirements of paragraph
(3)(c);

(b)by ladders or steps, separate from any hatchway or sloping
from deck to deck, if such ladders or steps comply with the
requirements of paragraph (3)(b), (d) and (e).

(5) Sufficient free passage to the means of access shall be left at the
coamings.

(6) Shaft tunnels shall be equipped with adequate handholds and
footholds on each side.

8. When cargo handling is being carried on on a vessel-

(a) all workplaces;

(b)the means of access provided in pursuance of regulations 5
and 6; and

(c)all parts of the vessel to which persons employed may be
required to proceed in the course of their employment,

shall be efficiently lighted, due regard being had to the safety of the
vessel and cargo, of all persons employed and of the navigation of other
vessels.





9. (1) Effective and suitable provision shall be made for the
adequate ventilation of every workplace, or other place on a vessel to
which persons employed are permitted access, or are required to have
access, in the course of their employment.

(2) Where in any place referred to in paragraph (1)
(a) the proportion of oxygen in the air is liable to have been
substantially reduced below the normal proportion; or

(b)there exists, or is likely to exist, any fume, gas, vapour, dust or
other impurity in the air that may be injurious to health,

such place shall, so far as practicable, be adequately ventilated before
any person is permitted to enter and remain therein and all practicable
measures shall be taken to protect the persons employed therein against
inhalation of such air, fume, gas, vapour, dust or other impurity.

10. All beams used for hatch coverings shall have suitable gear for
lifting them on and off without it being necessary for any person to go
upon them to adjust such gear.

11. (1) All hatch coverings shall be kept plainly marked to indicate
the deck and hatch to which they belong and their position therein,
except that such marking shall not be required in cases where all the
hatch coverings of a vessel are interchangeable or, in respect of marking
of position, where all hatch coverings of a hatch are interchangeable.

(2) Paragraph (1) shall apply to beams used for hatch coverings as
it applies to hatch coverings.

12. All beams used for hatch coverings, and all hatch coverings,
shall be maintained in good condition.

13. (1) Adequate hand grips shall be provided on all hatch
coverings, having regard to their size and weight, unless the
construction of the hatch or the hatch coverings is of a character
rendering the provision of hand grips unnecessary.

(2) All beams used for hatch coverings, and all hatch coverings of a
type that do not require hatch beams for support, shall be fitted with
adequate locking devices to prevent their displacement by a passing
load or in any other circumstances.

14. Where the working space around a hatch is less than 600 mm
wide, such provision shall be made as will enable persons employed to
remove and replace in safety all beams used for hatch coverings and all
hatch coverings.





15. (1) Power operated hatch coverings shall not be operated,
opened or closed by any person other than a competent person or
whilst any person is liable to be injured by the hatch coverings during
any such process.

(2) Paragraph (1) shall also apply to any power operated door in the
hull of a vessel, ramp, retractable deck or similar ship's equipment.

PART 111

LIFTING APPLIANCES AND LIFTING GEAR

16. It shall be the duty of the owner of a lifting appliance or lifting
gear, and in the case of a lifting appliance or lifting gear carried on board
a vessel it shall also be the duty of the master of the vessel, to comply
with this Part.

17. No lifting appliance or lifting gear shall be used for hoisting or
lowering unless

(a)it is of good mechanical construction and design, made of
strong and sound materials, and free from patent defect;

(b)it is properly maintained in safe working condition and is
properly installed and rigged for use in a safe and proper
manner;

(e)in the case of a lifting appliance, the arrangements for fixing
and anchoring the lifting appliance are adequate to secure its
safety; and

(d)in the case of a derrick, adequate measures are taken to
prevent the foot of the derrick being accidentally lifted out of
its socket or support.

18. (1) Every grab, lifting beam, lifting frame, vacuum lifting or
magnetic lifting device which does not form an integral part of a lifting
appliance shall be clearly marked with its own weight.

(2) All markings required under this regulation shall be readily
legible and done in such a manner that they shall not affect the strength
of the gear or appliance.

19. (1) No item of lifting gear made of wrought iron or having any
part made of wrought iron shall be used in cargo handling.

(2) No heat treatment shall be applied to any item of lifting gear
made of steel or having any part made of steel unless the treatment is
carried out under the supervision of a competent person and in
accordance with his requirements.





20. (1) Before being taken into use and after any substantial
alteration or repair to any stress-bearing part, all lifting appliances
shall have been tested and examined by a competent examiner.

(2) After being taken into use-
(a)all derricks and permanent attachments, including bridle
chains, to the derrick, mast and deck, used in hoisting or
lowering shall be inspected by a competent person once
at least in every 12 months and be thoroughly examined
by a competent examiner once at least in every 4 years;
(b)all other lifting appliances shall be thoroughly examined
by a competent examiner once at least in every 12 months.

21. (1) Subject to paragraph (3), no chain, ring, hook,
shackle, swivel or pulley block shall be used in hoisting or lowering
unless it has been tested and examined by a competent examiner.

(2) Where the Director is of opinion that, owing to the size,
design, material or infrequency of use of any gear or class of gear
specified in this regulation the requirement of this regulation as to
testing and examination is not necessary for the protection of
persons employed, he may by certificate in writing (which he may
at his discretion revoke) exempt such gear or class of gear from such
requirement subject to such conditions as may be specified in the
certificate.

(3) All chains, other than bridle chains attached to derricks
or masts, and all rings, hooks, shackles, swivels and pulley blocks
shall be thoroughly examined by a competent examiner once at
least in every 12 months and shall be inspected by a competent
person immediately before each occasion on which they are used in
hoisting or lowering, unless they have been inspected within the
preceding 3 months.

(4) All chains, rings, hooks, shackles or swivels used in
hoisting or lowering which have been lengthened, altered or repaired
by welding shall before being again taken into use be adequately
tested and re-examined by a competent examiner.

22. (1) No rope shall be used in hoisting or lowering-
(a)unless it is of suitable quality and free from patent defect;
and
(b)in the case of wire rope, unless it has been tested and
examined by a competent examiner.

(2) Every wire rope in general use for hoisting or lowering
shall be inspected by a competent person once at least in every 3
months, except that after any wire has broken in such rope it shall
be inspected once at least in every month.

(3) No wire rope shall be used in hoisting or lowering if in
any length of 8 diameters the total number of visible broken wires





exceeds 10 per cent of the total number of wires, or the rope shows
signs of excessive wear, corrosion or other defect which, in the
opinion of the person who inspects it, renders it unfit for use.

(4) A thimble or loop splice made in any wire rope shall have
at least 3 tucks with a whole strand of the rope and 2 tucks with
one half of the wires cut out of each strand, and the strands in all
cases shall be tucked against the lay of the rope:
Provided that this paragraph shall not operate to prevent the
use of another form of splice which can be shown to be as efficient
as that laid down in this paragraph.

23. (1) Where a competent examiner tests and examines a
lifting appliance as required by regulation 20, or a lifting gear as
required by regulation 21 or 22, a certificate of test and examination
in the appropriate form containing all the particulars required to be
entered in the certificate with regard to the test and examination
shall be obtained from the competent examiner and attached to the
register in respect of the lifting appliance or lifting gear, as the case
may be, before the lifting appliance or lifting gear is taken into use
in connexion with cargo handling.

(2) Where a competent examiner thoroughly examines a lifting
appliance as required by regulation 20, or a lifting gear as required
by regulation 21, it shall be ensured that the competent examiner
enters in the register in respect of the lifting appliance or lifting
gear, as the case may be, a certificate of thorough examination and
all the particulars required to be entered in the register with regard
to the examination before the lifting appliance of lifting gear is
taken into use in connexion with cargo handling.

(3) Where a competent person inspects a lifting appliance as
required by regulation 20, or a lifting gear as required by regulation
21 or 22, it shall be ensured that the competent person enters in the
register in respect of the lifting appliance or lifting gear, as the case
may be, a certificate of inspection and all the particulars required
to be entered in the register with regard to the inspection before the
lifting appliance or lifting gear is taken into use in connexion with
cargo handling.

(4) The register in respect of a lifting appliance or lifting gear
shall be available for inspection under regulation 51 on the vessel
on which the lifting appliance or lifting gear is used.

24. No pulley block shall be used in hoisting or lowering unless
the safe working load is clearly stamped upon it.

25. (1) Every crane and derrick shall have the safe working
load plainly marked upon it.

(2) Means shall be provided to enable any person using a
chain or wire rope sling to ascertain the safe working load for such
chain or sling under such conditions as it may be used.





(3) Chain slings shall be marked with the safe working load in plain
figures or letters upon the sling or upon a tablet or ring of durable
material attached securely thereto.

(4) Wire rope slings shall be marked in the manner specified in
paragraph (3) or a notice or notices shall be so exhibited as to be easily
read by any person concerned, stating the safe working loads for the
various sizes of wire rope slings used.

26. (1) Chains shall not be shortened by tying knots in them.

(2) Suitable packing shall be provided to prevent the links of chains
coming into contact with sharp edges of loads of hard material.

27. All motors, cog-wheels, chain and friction gearing, shafting, live
electric conductors and steam pipes shall (unless it can be shown that
by their position and construction they are equally safe to every person
employed as they would be if securely fenced) be securely fenced so far
as is practicable without impeding the safe working of the vessel.

28. Cranes and winches shall be provided with such means as will
reduce to a minimum the risk of the accidental descent of a load while
being hoisted or lowered.

29. The driver's platform on every crane driven by mechanical
power shall be securely fenced and shall be provided with safe means of
access and where access is by ladder--

(a)the sides of the ladder shall extend to a reasonable distance
beyond the platform or some other suitable handhold shall be
provided;

(b)the landing place on the platform shall be maintained free from
obstruction;

(c)in cases where the ladder is vertical and exceeds 9 m in height,
a resting place shall be provided approximately midway
between the platform and the foot of the ladder.

30. Adequate measures shall be taken to prevent exhaust steam
from, and so far as is practicable live steam to, any crane or winch
obscuring any part of the working place at which persons employed are
engaged in cargo handling.

PART A IV

CARGO HANDLING

31. (1) Subject to paragraph (2), it shall be the duty of every person
who by himself, his agents or workmen carries on the processes of cargo
handling, and of all agents, workmen and persons ploemyed by him in
cargo handling, to comply with this Part.





(2) Where cargo handling is carried on by a stevedore or other
person other than the owner of the vessel, it shall be the duty of the
owner, master or officer in charge of the vessel to comply with
regulation 37, so far as it concerns any hatch not taken over by the
stevedore or other person for the purpose of cargo handling.

32. Precautions shall be taken to facilitate the escape of persons
employed in a hold or on 'tween decks in dealing with bulk cargo.

33. (1) Subject to paragraph (2), no lifting appliance or lifting gear
shall be loaded beyond the safe working load.

(2) Paragraph (1) shall not apply where a lifting appliance or lifting
gear is being tested and examined.

34. No load shall be left suspended from any lifting appliance
unless there is a competent person in charge of the lifting appliance
while the load is so left.

35. No person under 18 years of age and no person who is not
sufficiently competent and reliable shall be employed to operate any
lifting appliance, whether driven by mechanical power or otherwise, or
to give signals to the operator of such appliance, or to attend to falls on
winch ends or winch drums.

36. (1) No deck-stage or cargo-stage shall be used in cargo
handling unless it is substantially and firmly constructed, adequately
supported and, where necessary, securely fastened.

(2) No truck shall be used for carrying cargo between a vessel and
the shore on a stage so steep as to be unsafe.

(3) Any stage which is slippery shall be made safe by the use of
sand or otherwise.

37. (1) Subject to paragraph (3), while persons employed are on a
vessel for the purpose of cargo handling, every hatchway of a cargo
hold accessible to the persons employed which exceeds 1.5 m in depth
from the level of the deck to the bottom of the hold, and which is not
protected to a clear height of 750 mm by the coamings, shall, when not in
use for the passage of goods or other material, or for trimming, be
securely fenced to a height of 900 mm or be securely covered.

(2) Fencing as required under paragraph (1) shall be provided when
necessary to protect all other openings in a deck which might be
dangerous to the persons employed.

(3) This regulation shall not apply to-

(a)any vessel which is 50 m or less in length and which has only
one hatchway; and





(b)any vessel during meal times or other short interruptions of
work during the period of employment.

(4) Hatch coverings shall not be used in the construction of deck or
cargo stages, or for any other purpose which may expose them to
damage.

(5) Hatch coverings shall be replaced on the hatches in the
positions indicated by the markings made thereon in pursuance of
regulation 11.

38. (1) Subject to paragraph (2), no cargo shall be loaded or
unloaded by a fall or sling at any intermediate deck unless the hatch at
that deck is securely covered, or a secure landing platform of a width
not less than that of one section of hatch coverings has been placed
across it, and has been safely fenced or protected by a safety net.

(2) Paragraph (1) shall not apply to any process of unloading the
whole of which will be completed within a period of half an hour.

39. (1) Subject to paragraph (2)-

(a)hooks shall not be made fast in the bands or fastenings of
bales of cotton, wool, cork, gunny bags, or other similar
goods;

(b)can-hooks shall not be used for hoisting or lowering a barrel
when, owing to the construction or condition of the barrel or
of the hooks, their use is likely to be unsafe.

(2) Paragraph (1) shall not apply to breaking out or making up
slings.

40. When work is proceeding on any skeleton deck, adequate
staging shall be provided unless the space beneath the deck is filled
with cargo to within a distance of 600 mm of such deck.

41. Where stacking, unstacking, stowing or unstowing of cargo or
handling in connexion therewith cannot be safely carried out unaided,
reasonable measures to guard against accident shall he taken by shoring
or otherwise.

42. (1) The beams of any hatch in use for cargo handling shall not
be left in place unless the hatch opening is of such a size as to permit
loading or unloading to be carried on without danger to any person in
the hold or space from the load striking against any such hatch beam.

(2) The beams of any hatch in use for cargo handling shall, if not
removed, be adequately secured to prevent their displacement.





43. (1) Subject to paragraph (2), where cargo is being loaded
or unloaded by a fall at a hatchway, a signaller shall be employed,
and where more than one fall is being worked at a hatchway, a
separate signaller shall be employed to attend each fall.

(2) Paragraph (1) shall not apply in cases where a barge, lighter
or other similar vessel is being loaded or unloaded if the driver of the
crane or winch working the fall has a clear and unrestricted view of
both of the holds where work is being carried on.

PART V

MISCELLANEOUS PROHIBITIONS

44. It shall be the duty of all persons, whether owners, persons
in charge of works or persons employed, to comply with this Part.

45. (1) No person shall, unless duly authorized or in case of
necessity, remove or interfere with any fencing, gangway, gear,
ladder, hatch covering, mark, stage or other thing whatsoever
required by these regulations to be provided.

(2) If any thing specified in paragraph (1) is removed, it shall
be restored at the end of the period during which its removal was
necessary by the persons last engaged in the work that necessitated
the removal.

46. Every person employed shall use the means of access pro-
vided in accordance with regulations 5, 6 and 7, and no person shall
authorize or order another to use means of access other than those
so provided.

47. No person shall go upon any beam used for hatch coverings
for the purpose of adjusting the gear for lifting it on and off nor shall
any person authorize or order another to do so.

PART VI

MISCELLANEOUS PROVISIONS

48. No employer of persons employed in cargo handling shall
require or allow any lifting appliance or lifting gear to be used by
such persons which does not comply with Part III.

49. If the persons whose duty it is to comply with regulations
5, 6, 8 and 9 fail so to do, then it shall be the duty of the employers
of the persons employed to comply with such regulations within the
shortest time reasonably practicable after such failure.





50. (1) A competent examiner who tests and examines a lifting
appliance as required by regulation 20, or a lifting gear as required
by regulation 21 or 22, shall deliver to the owner of the lifting ap-
pliance or lifting gear or, in the case of a lifting appliance or lifting
gear carried on board a vessel, to the master of the vessel, a certificate
of test and examination in the appropriate specified form containing
all the particulars required to be entered in the certificate with regard
to the test and examination.

(2) A competent examiner who thoroughly examines a lifting
appliance as required by regulation 20, or a lifting gear as required
by regulation 21, shall, on production to him of the register in
respect of the lifting appliance or lifting gear, enter in the register a
certificate of thorough examination and all the particulars required
to be entered in the register with regard to the examination.

(3) A competent person who inspects a lifting appliance as
required by regulation 20, or a lifting gear as required by regulation
21 or 22, shall, on production to him of the register in respect of the
lifting appliance or lifting gear, enter in the register a certificate
of inspection and all the particulars required to be entered in the
register with regard to the inspection.

51. A register in respect of a lifting appliance or lifting gear
shall, if required by an inspector for the purposes of inspection, be
produced to the inspector-
(a)in the case of a lifting appliance or lifting gear carried on
board a vessel, by the person for the time being in charge
of the vessel, together with the certificate of the vessel's
register; and

(b)in a case other than that to which paragraph (a) applies,
by the owner of the lifting appliance or lifting gear, as the
case may be.

52. If any testing, examining or inspection of lifting appliances
or lifting gear carried out in accordance with the law of any territory
and any certificates and records relating thereto, or any arrangements
adopted by any territory to secure a standard of safety for the
persons employed are, in the opinion of the Director or an inspector,
substantially in accordance with the requirements of these regula-
tions, the provisions of these regulations in that respect shall be
deemed to be complied with.

53. (1) Where arising out of and in the course of any process
of cargo handling-
(a) a person is killed or seriously injured in an accident;
(b)a crane, winch, hoist, derrick or other appliance used in
hoisting or lowering cargo collapses or fails (other than
breakage of a chain or rope sling); or





(c)a person, cargo or equipment is lost overboard from a vessel,

the owner or master of the vessel and the person in control of cargo
handling shall, subject to paragraph (3), report the occurrence
immediately to the Director orally, by means of signals or in writing and
shall furnish to the Director in writing full particulars thereof within 24
hours after the occurrence.

(2) For the purposes of paragraph (1), a person shall be deemed to
be seriously injured if he is admitted to a hospital immediately after he
sustains the injury for observation or treatment.

(3) An owner or master of a vessel shall not be required to report
under paragraph (1) if the occurrence has been reported under section
67 of the Ordinance.

(4) Any person who without reasonable excuse contravenes this
regulation commits an offence and is liable to a fine of $5,000.

.54. For the purposes of these regulations, the Director may specify
such forms as he thinks fit.

PART VII

OFFENCES AND PENALTIES

55. If an owner, master or officer in charge of a vessel contravenes
regulation 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 he commits an offence and
is liable to a fine of $5,000.

56. If an owner of a lifting appliance or lifting gear, or a master of a
vessel, contravenes regulation 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29 or 30 he commits an offence and is liable to a fine of $5,000.

57. (1) If any person who carries on the process of cargo handling,
or an agent, workman or person employed by him in cargo handling,
contravenes regulation 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 or 43 he
commits an offence and is liable to a fine of $5,000.

(2) If an owner, master or officer in charge of a vessel contravenes
regulation 37 he commits an offence and is liable to a fine of $5,000.

58. Any person who contravenes regulation 45, 46 or 47 commits
an offence and is liable to a fine of $5,000.

59. If an employer of persons employed contravenes regulation 48
or 49 he commits an offence and is liable to a fine of $5,000.





60. (1) Any competent examiner or competent person who without
reasonable excuse contravenes regulation 50 commits an offence and is
liable to a fine of $5,000.

(2) Any competent examiner who, in pursuance of regulation 50,
delivers a certificate of test and examination or enters in a register a
certificate of thorough examination which to his knowledge is false as to
a material particular commits an offence and is liable to a fine of $5,000.

(3) Any competent person who, in pursuance of regulation 50,
enters in a register a certificate of inspection which to his knowledge is
false as to a material particular commits an offence and is liable to a fine
of $5,000.

61. If a person who is required to produce a register under
regulation 51 fails to do so he commits an offence and is liable to a fine
of $2,000.

SCHEDULE [regs. 2, 20, 21, 22 33.1

PROCEDURE FOR TESTING AND EXAMINING
LIFTING

APPLIANCES AND LIFTING
GEAR

1. (1) Every winch, together with its accessories (including any derrick,
gooseneck, eye-plate, eyebolt or other attachments) shall be tested with a proof
load which shall exceed the safe working load as follows

(a)if the safe working load is less than 20 tonnes, the proof load shall
exceed the safe working load by at least 25 per cent;

(b)if the safe working load is 20 tonnes or more but not more than 50
tonnes, the proof load shall exceed the safe working load by at least 5
tonnes;

(c)if the safe working load is more than 50 tonnes, the proof load shall
exceed the safe working load by at least 10 per cent.

(2) The proof load shall be applied either-

(a) by hoisting movable weights; or

(b) by means of a spring or hydraulic balance or a similar appliance,

with the derrick at an angle to the horizontal which shall be specified in the
certificate of the test.

(3) In the case of sub-paragraph (2)(a), after the movable weights have been
hoisted, the derrick shall be swung as far as practicable first in one direction and
then in the other and in the case of sub-paragraph (2)(b) the proof load shall be
applied with the derrick swung as far as practicable first in one direction and then in
the other.

2. (1) Every crane and every other lifting appliance, together with its
accessories, other than a lifting appliance referred to in paragraph 1, shall be tested
with a proof load which shall exceed the safe working load as follows

(a)if the safe working load is less than 20 tonnes, the proof load shall exceed
the safe working load by at least 25 per cent;

(b)if the safe working load is 20 tonnes or more but not more than 50
tonnes, the proof load shall exceed the safe working load by at least 5
tonnes;







(c)if the safe working load is more than 50 tonnes, the proof load shall
exceed the safe working load by at least 10 per cent.





(2) The proof load shall be hoisted and then swung as far as is practicable
first in one direction and then in the other.
(3) Where a crane with a jib which has a variable vertical operating radius
is to be tested, the test shall be carried out by applying a proof load in accordance
with sub-paragraph (1) at both the maximum radius and the minimum radius
of the jib.
(4) Wherein testing a hydraulic crane or hoist it is, because of the limitation
of pressure, impossible to hoist a load which exceeds the safe working load by
25 per cent, it is sufficient compliance with this paragraph if the crane has the
greatest possible load applied to it.

3. Every item of lifting gear (whether an accessory to any lifting appliance
or not) shall be tested with a proof load in accordance with the following
provisions-
(a)if the item is a chain, ring, hook, shackle, or swivel, the proof load shall
be at least twice the safe working load;
(b)if the item is a single sheave pulley block or if a shackle is attached
thereto, the proof load shall be at least 4 times the safe working load;
(c)if the item is a multiple sheave pulley block with a safe working load of
not more than 20 tonnes, the proof load shall be at least twice the safe
working load;
(d)if the item is a multiple sheave pulley block with a safe working load
of more than 20 tonnes but not more than 40 tonnes, the proof load shall
exceed the safe working load by at least 20 tonnes;
(e)if the item is a multiple sheave pulley block with a safe working load of
more than 40 tonnes, the proof load shall be at least 11 times the safe
working load.

4. After being tested in accordance with paragraph 1, 2 or 3, each lifting
appliance (including its accessories) and all lifting gear shall be examined so as
to ensure that no part of the lifting appliance or lifting gear has been damaged
during the test. For the purpose of carrying out the examinations of a pulley
block the sheaves and pins of the block shall be removed.

5. Where any wire rope is tested, a sample of the rope shall be tested to
destruction, and the safe working load shall not exceed 20 per cent of the breaking
load of the sample tested.
L.N. 287/78. Citation and commencement. Interpretation. Schedule. Application. Duty to comply with this Part. Safe means of access to vessels. Safe means of access when vessels alongside each other. Safe means of access to holds. Lighting of workplaces. Ventilation and protection against fumes, etc. Gear for lifting beams. Marking on hatch coverings and beams, Maintenance of hatch coverings and beams. Hand grips and locking devices on hatch coverings and hatch beams. Safety in removing and replacing beams. Power operated hatch coverings and hull doors. Duty to comply with this Part. Safe lifting appliances and gear. Markings on lifting gear. Prohibitions regarding lifting gear. Testing and examination of lifting appliances. Testing of lifting gear. Testing of ropes. Certificates to be obtained, etc. Safe working load of pulley blocks. Safe working loads for cranes and slings, etc. Shortening of chains and their protection. Fencing of motors, etc. Safeguards on cranes, etc. Driver's platform on cranes, etc. Measures regarding steam. Duty to comply with this Part. Means of escape of workers. Safe working load not to be exceeded. Competent person to be in charge of lifting appliances, etc. Deck-stages or cargo-stages. Fencing of hatches. Loading or unloading by fall or sling. Use of hooks. Provision of staging. Shoring. Securing of beams. Employment of signallers. Duty to comply with this Part. Unauthorized removal of fencing, etc. Safe means of access to be used. Prohibition on going upon beams. Prohibition on use of appliances or gear. Obligation of employers to comply with regulations. Issue of certificates, etc. Production of registers for inspection. Reciprocal arrangements. Duty to report accidents. Forms. Offences by owners, masters etc. Offences by owners of lifting appliances etc. Offences by persons carrying on cargo handling. Contraventions of Part V. Offence by employers. Offences by competent examiners, etc. Offence for failure to produce register, etc.

L.N. 287/78. Citation and commencement. Interpretation. Schedule. Application. Duty to comply with this Part. Safe means of access to vessels. Safe means of access when vessels alongside each other. Safe means of access to holds. Lighting of workplaces. Ventilation and protection against fumes, etc. Gear for lifting beams. Marking on hatch coverings and beams, Maintenance of hatch coverings and beams. Hand grips and locking devices on hatch coverings and hatch beams. Safety in removing and replacing beams. Power operated hatch coverings and hull doors. Duty to comply with this Part. Safe lifting appliances and gear. Markings on lifting gear. Prohibitions regarding lifting gear. Testing and examination of lifting appliances. Testing of lifting gear. Testing of ropes. Certificates to be obtained, etc. Safe working load of pulley blocks. Safe working loads for cranes and slings, etc. Shortening of chains and their protection. Fencing of motors, etc. Safeguards on cranes, etc. Driver's platform on cranes, etc. Measures regarding steam. Duty to comply with this Part. Means of escape of workers. Safe working load not to be exceeded. Competent person to be in charge of lifting appliances, etc. Deck-stages or cargo-stages. Fencing of hatches. Loading or unloading by fall or sling. Use of hooks. Provision of staging. Shoring. Securing of beams. Employment of signallers. Duty to comply with this Part. Unauthorized removal of fencing, etc. Safe means of access to be used. Prohibition on going upon beams. Prohibition on use of appliances or gear. Obligation of employers to comply with regulations. Issue of certificates, etc. Production of registers for inspection. Reciprocal arrangements. Duty to report accidents. Forms. Offences by owners, masters etc. Offences by owners of lifting appliances etc. Offences by persons carrying on cargo handling. Contraventions of Part V. Offence by employers. Offences by competent examiners, etc. Offence for failure to produce register, etc.

https://oelawhk.lib.hku.hk/items/show/3191

SHIPPING AND PORT CONTROL REGULATIONS

SHIPPING AND PORT CONTROL REGULATIONS

ARRANGEMET OF REGULATIONS

Regulation Page


PART I

PRELIMINARY

....................... ...... ... ... ... ... ... A 4

2. interpretation ........................... ... ... ... ... ... ... ... A 4

PART II

V.H.F. RADIOTELEPHONE COMMUNICATIONS

3. Interpretation ........................... ... ... ... ... ... ... ... A 5

4. Application .................... ... ... ... ... ... A 5

5. Possession of radiotelephone equipment ... ... ... ... ... ... ... A 5

6. V.H.F. contact with Port Communications Centre ... ... ... ... ... ... A 5
7. Initial report to Port Communications Centre ... ... ... ... ... ... A 6
8. Further reports to Port Communications Centre ... ... ... ... ... ... A 6

9. Language of reports ...................... ... ... ... ... ... A 8
10. Reference to time ........................ ... ... ... ... ... A 8
11. Listening watch on radiotelephone ........ ... ... ... ... ... ... ...
... A 8

12. Directions from Port Communications Centre ... ... ... ... ... ... ... A 8

13. Authorization to deviate from this Part ... ... ... A 8

14. Deviation from this Part in emergencies ... ... ... ... ... A 9

15. Failure of radiotelephone contact ..... ... ... ... ... ... ... ... ... A 9

16. Penalties ................................ ... ... ... ... ... ... ... A 9

PART III

NAVIGATION AND CONTROL OF VESSELS

17. ....................Traffic separation schemes ... ... ... ... ... ... ... ... AA 0
18. Navigation in in Victoria port............... .. ... ... ... ... A 10

19. Speed of vessels. .......................... ... .. ... ... ... ... A 10

20, Stopping of vessels ................... ... ... ... ... ... ... A 11

21 Restriction on embarkation or disembarkation of pilots ... ... ... ... A 11

22. Master to report arrival .............. ... ... ... ... ... ... ... ... A 11

23. Entry into restricted areas, etc............. ... ... ... ... ... ... A 12

24........................Navigation near the Victoria Naval Basin ... ... ... ... .. ... ... A 13

25....................Embarkation and loading, etc. ... ... ... ... ... ... ... ... ... A 13

26. Manning of ships A 13

27. Obtaining of port clearance ... ... ... ... ... ... ... ... ... ... ... A 13

28. Failure to depart on obtaining port clearance ... ... ... ... ... ... ... A 14





Regulation Page

29. Notification regarding dead ships ... ... ... ... ... ... A 14

30. Information regarding dead ships ... ... ... ... ... ... ... ... ... ... A 14
31. Notification regarding laid-up vessels ... ... ... ...
... ... ... ... ... A 15
32. Information regarding laid-up ships ... ... ... ... ... ... A 15

PART IV

DISPLAY OF SIGNALS AND
LIGHTS

33. Identification and display of signals ... . ... .. 1 ... ... ... ... ... A 16
34. Display of flags 'S' over the code pennant ... ... ... ... ... ... ... ... A 16
35. Signals on police launches ... ... ... ... ... ... ... ... ... ... ... A 17
36. Signals for fire or police assistance ... ... ... ... ... ... ... ... .... ... A 17
37. Vessels handling explosives or petroleum ... ... ... ... ... ... ... ... A 17
38. Towing signals ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 18
39. Lights on junks, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... A 18
40. Lighting of piers, etc. ... ... ... ... ... ... ... ... ... ... ... ... A 18

PART V

ANCHORING. MOORING AND BERTHING OF
VESSELS

41. Anchoring of vessels ... ... ... ... ... ... ... ... ... ... ... ... ... A 18
42. Mooring to buoys ... ... ... ... ... ... ... ... ... ... ... ... ... A 19
43. Use of Government buoys and moorings ... ... ... ... ... ... ... ... A 20
44. Berthing of vessels ... ... ... ... ... ... ... ... ... ... ... A 20
45. Vessels alongside berthed vessels ... ... ... ... ... ... ... ... ... ... A 20
46. Berthing etc. at Government piers ... ... . ... ... ... ... ... ... ... A 21
47. Use of piers ... ... ... ... . ... ... ... ... ... ... ... A 21
48. Laying of private moorings ... ... ... ... ... ... ... . ... ... A 21

PART VI

PORT DUES AND
FEES

49. Port dues and fees ... ... ... ... ... ... ... ... A 22
50. Anchorage dues ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 23
51. Mooring buoy dues ... ... ... ... ... ... ... ... ... ... ... ... ... A 23
52. Fees ... ... ... ... ... ... ... ... ... ... ... ... A 23
53. Tonnage of vessels liable to pay port dues or fees ... ... ... ... ... ... ... A 23
54. Issue and production of receipt for port dues and fees ... ... .... ... ... ... A 24
55. Tables of port dues and fees ... ...
... ... ... ... ... ... ... ... ... A 24

PART VII

LOGS AND OTHER
TIMBER

56. Discharge and storage of logs and timber ... ... ... ... ... ... ... ... A

57. Towing of logs ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 25
58. Approval of timber storage pounds ... ... ... ... ... . ... ... ... A 25
59. Identification marks on logs ... ... ... ... ... ... ... ... ... A 25
60. Removal. etc. of logs and other objects ... ... ... ... ... ... ... ... ... A 25





Regulation
Page

PART VIII

MISCELLANEOUS
PROVISIONS

61. Signal stations ... ... . ... ... ... ... ... ... ... ... ... ... ... A 26
62. Use of naked lights and oil ... ... ... ... ... ... ... ... ... ... ... A 27
63. Use of lights ... ... .. ... ... ... ... ... ... ... A 27
64. Transport or disposal of things unlawfully obtained, etc . ... ... ... ... ... A 27
65. Minor prohibitions ... ... ... ... ... ... ... ... ... ... A 27
66. Control over races, etc., in the waters of Hong Kong ... ... ... ... ... ... A 28
67. Control over water-skiing and speed of vessels ... ... ... ... ... ... ... A28
68. Control of fishing ... ... ... ... ... ... ... ... ... ... ... ... ... A 29
69. Control of bright light fishing ... ... ... ... ... ... ... ... ... ... ... A 30
70. Notification and control of marine works ... ... ... ... ... ... ... ... A 30
71. Form ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 30
72. Power to amend Schedules ... ... ... ... ... ... ... ... ... ... ... A 31

First Schedule. V.H.F. Radiotelephone Channels ... ... ... ... ... ... ... ... A 31
Second Schedule Traffic Separation Schemes A 31
Third Schedule. Principal Fairways ... ... . ... ...
... ... ... ... ... A 34
Fourth Schedule. Speed of Vessels ... ... . ... ... ... ... ... ... ... A 36
Fifth Schedule. Restricted Areas ... ... . ... ... ... ... ... ... ... A 36
Sixth Schedule. Cable Reserves ... ... ... ... . ... ...
... ... ... ... ... A 37
Seventh Schedule. Special Anchorages ... ... ... ... ... ... ... ... ... ... ... A 38
Eighth Schedule. Berthing and other Signals ... ... ... ... ... ... ... ... ... A 40
Ninth Schedule. Towing Signals ... ... ... ... ... ...
... ... ... ... ... ... A 42
Tenth Schedule. Signals Stations and Calling-in Points ... ... ... ... ... ... ... A 43
Eleventh Schedule. Prohibited Fishing Areas and Bright Light Fishing
Areas ... ... ... A 44
Twelfth Schedule. Form ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 46
Thirteenth Schedule. Port Dues and Fees ... ... ... ... ...
... ... ... ... ... ... A 47





SHIPPING AND, PORT CONTROL REGULATIONS

(Cap. 313, section 80)
N 10. [29 December 1978.

Part 11: 1 July 1979.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Shipping and Port

Control Regulations.

2. (1) In these regulations, unless the context otherwise

requires

'all-round light- means a light showing an unbroken light over an arc of
the horizon of 360 degrees;

cable reserve- means an area of the waters of Hong Kong specified as
such in the Sixth Schedule;

'calling-in point- means a place specified as such in Part 11 of the Tenth
Schedule;

-dangerous goods anchorage' means an area of the waters of Hong
Kong specified as such in the Seventh Schedule;

'hydrofoil boat- means a vessel that is supported above the water
surface in normal operating conditions by hydrodynamic forces
generated on foils;

-immigration anchorage' means an approved immigration anchorage
under the Immigration Ordinance;

'naval anchorage' means an area of the waters of Hong Kong specified
as such in the Seventh Schedule;

'Port Communications Centre' means the Port Communications Centre
Signal Station, specified in Part 1 of the Tenth Schedule;

principal fairway' means any area of the waters of Hong Kong
specified as such in the Third Schedule;

private mooring' means a mooring which is not a Government
mooring;

'guarantine anchorage' means an area of the waters of Hong Kong
specified as such in the Seventh Schedule;

',signal station' means a signal station specified in Part 1 of the Tenth
Schedule;





'special anchorage' means any area of the waters of Hong Kong
specified as such in the Seventh Schedule;

'timber storage pound' means an area of the waters of Hong Kong
approved under regulation 58 for the storage of logs and other
timber;

Victoria port' means the area of the waters of Hong Kong declared
under section 56 of the Ordinance as Victoria port,

'Yau Ma Tei Anchorage' means the area of the waters of Hong Kong
specified as such in the Seventh Schedule.

(2) A vessel is 'underway' when she is not at anchor, made fast to
the shore, or aground.

PART II

V.H.F. RADIOTELEPHONE COMMUNICATIONS

3. In this Part, unless the context otherwise requires-

'Channel means a Channel as defined in the Radio Regulations annexed
to the International Telecommunications Convention currently in
force;

'report' means a report by radiotelephone that is made, or required to
be made, to the Port Communications Centre by a vessel under this
Part;

'V.H.F.' means very high frequency.

4. (1) This Part applies to all vessels over 300 tons gross (other
than vessels to which Part IV of the Ordinance applies) in the waters of
Hong Kong.

1 (2) This Part applies in addition to any other provision in or under the
Ordinance or any other enactment.

5. (1) Every vessel shall have on board radiotelephone equipment
that is capable of operation in the V.H.F. Band on the Channels
specified in the First Schedule.

(2) The radiotelephone equipment shall at all times be maintained
in good working condition and shall be available for operation on the
navigational bridge of a vessel.

6. (1) No vessel shall enter the waters of Hong Kong unless the
master of the vessel has, before such entry, made contact with the Port
Communications Centre over a V.H.F. radiotelephone on Channel 12.

(2) After the initial contact with the Port Communications Centre
under paragraph (1), all reports shall be transmitted by a vessel on the
Channel designated by the Port Communications Centre.





7. No vessel shall enter the waters of Hong Kong unless the
master of the vessel has, before such entry, reported to the Port
Communications Centre-

(a) the name of the vessel;

(b) the type of the vessel;

(e) the position of the vessel at the time of reporting;

(d)the height of the masts or superstructure of the vessel,
whichever is the higher, above sea level;

(e) the overall length of the vessel and its maximum draft;

the speed at which the vessel intends to proceed in the
waters of Hong Kong;

(g) whether the pilotage service will be used;

(h)whether the vessel will enter via the eastern or western
approaches to the harbour;

(i)the destination of the vessel (berth) within the waters of
Hong Kong;

(j)whether the vessel will proceed directly to its berth or via
any quarantine or immigration anchorage;

(k) the type of dangerous cargo (if any) carried by the vessel,

(1)any condition affecting the navigation of the vessel includ-
ing fire on board, defective propulsion machinery, defec-
tive steering equipment, excessive list or engagement in
towing;

(m)any other information as may be required by the Port
Communications Centre.

8. (1) When a vessel anchors or moors in the waters of Hong
Kong, the master shall report to the Port Communications Centre-

(a)the time and place at which the vessel is so anchored or
moored; and

(b) the estimated time of the next movement of the vessel.

(2) When a vessel that is anchored or moored in the waters of
Hong Kong ceases to be so anchored or moored or is to be moved
within the waters of Hong Kong the master shall report such event
to the Port Communications Centre..

(3) A master of a vessel that is within the waters of Hong
Kong shall report to the Port Communications Centre when he
becomes aware of any of the following conditions-

(a)any condition affecting the navigation of the vessel includ-
ing fire on board, defective propulsion machinery, defec-
tive steering equipment or excessive list;





(b)if any tow, which the vessel is towing, cannot be controlled
or can be controlled only with difficulty;

(c) concentrations of fishing vessels;
(d) reduced visibility or other adverse weather conditions;

(e) floating logs or other obstruction to navigation;
(f) any defect in an aid to navigation;

(g)any defect on another vessel that is likely to affect the
navigation of that vessel.
(4) Not less than 60 minutes before a vessel proceeds to sea,
the master of the vessel shall report to the Port Communications
Centre-
(a) the name of the vessel;
(b) tie. type of the vessel;
(c) the position of the vessel at the time of reporting;
(d)the height of the masts or superstructure of the vessel,
whichever is the higher, above sea level;

(e)the overall length of the vessel and its maximum draft;
the speed at which the vessel intends to proceed in the
waters of Hong Kong;
(g) whether the pilotage service will be used;

(h)whether the vessel will leave via the eastern or western
approaches to the harbour;
(i) the intended time of departure of the vessel;

(j) the type of dangerous cargo (if any) carried by the vessel;

(k)any condition affecting the navigation of the vessel includ-
ing fire on board, defective propulsion machinery, defec-
tive steering equipment, excessive list or engagement in
towing;
(1)any other information as may be required by the Port
Communications Centre.

(5) When a vessel passes any calling-in point, the master shall,
if so required by the Port Communications Centre, report to the
Port Communications Centre-
(a) the name of the vessel;
(b) the name of the calling-in point;

(c) the time of passing the calling-in point;
(d) the speed of the vessel; and
(e)any other information as may be required by the Port
Communications Centre.
(6) When a vessel embarks or disembarks a pilot, the master
shall report to the Port Communications Centre such occurrence
together with its time and place.





9. Except where the Port Communications Centre permits the use of any
other language, all reports shall be made in the English language.

10. Where reference to time is made in any report, or in any
communication from the Port Communications Centre, the time shall be
specified in---

(a) Hong Kong Time; and

(b) the 24-hour clock system.

11. (1) Subject to paragraph (2), the master of every vessel that is within
the waters of Hong Kong shall maintain continuous listening watch on the
radiotelephone on board the vessel on Channel 12.

(2) Paragraph (1) shall not apply when-

(a) transmission by the vessel on that Channel is in progress;

(b)permission is granted by the Port Communications Centre to
transmit on another Channel, in which event the listening watch on
the radiotelephone shall be maintained continuously on such other
Channel, except when transmission by the vessel on such other
Channel is in progress: or

(c)permission is granted by the Port Communication Centre to the
master of a vessel to suspend the listening watch on the
radiotelephone.

12. (1) Where in the opinion of the person in charge of the Port
Communications Centre there exists in the waters of Hong Kong any of the
conditions specified in paragraph (2). he may give directions to the master of
any vessel specifying the time when lien and the place where the vessel shall

(a) enter;

(b) move within or through, or

(e) depart from,

the waters of Hong Kong.

(2) For the purposes of paragraph (1), the conditions are---

(a) vessel congestion

(b) adverse weather;

(c) reduced visibility; or

(d) other hazardous conditions.

13. (1) The person in charge of the Port Communications Centre may
upon request from a master of a vessel grant permission to the master to
deviate from any provision of or direction given under this Part and shall
specify the manner in which such deviation may be made.





(2) A master shall, in making a request under paragraph (1), state
the manner in which he wishes to deviate from any particular provision
of or direction given under this Part and the need for doing so.

(3) The granting of permission under paragraph (1) shall not
diminish or in any way affect the responsibility of the master to whom
the permission is granted in relation to his vessel, persons on board, its
cargo or any other person or property.

14. (1) A master of a vessel may, in any emergency affecting the
safety of life or property, deviate from any provision of or direction
given under this Part, or any permission granted under regulation 13, to
the extent necessary to avoid endangering persons, property or the
environment.

(2) Where a master deviates from any provision of or direction
given under this Part, or any permission granted under regulation 13, he
shall report such deviation to the Port Communications Centre.

15. (1) If for any reason it is not possible to operate the
radiotelephone equipment carried on board a vessel, the master shall at
the earliest practicable time restore it or cause it to be restored to
effective operating condition.

(2) During the time it is not possible to operate the radiotelephone
equipment carried on board a vessel

(a)compliance with regulations 7, 8(5) and (6) and 11 shall not be
required; and

(b)compliance with regulation 8(1), (2), (3) and (4) shall not be
required unless the required report can be made by telephone
or by any other means.

(3) A master shall as soon as practicable notify the Port
Communications Centre

(a)if it is not possible to operate the radiotelephone equipment
carried on board the vessel; and

(b)when such radiotelephone equipment is restored to effective
operating condition.

16. (1) If without reasonable excuse regulation 5 is contravened,
the owner and the master of the vessel commit an offence and each of
them is liable to a fine of 520,000.

(2) If without reasonable excuse regulation 6, 8, 9, 10, 11, 14(2) or 15
is contravened, the master of the vessel commits an offence and is liable
to a fine of 55,000.

(3) If without reasonable excuse a master contravenes regulation 7
he commits an offence and is liable to a fine of 5 10,000.





(4) If without reasonable excuse a master fails to comply with any
direction given to him under regulation 12 or any permission granted
under regulation 13 he commits an offence and is liable to a fine of
$10,000.

PART III

NAVIGATION AND CONTROL OF VESSELS
17. (1) Notwithstanding any rule relating to traffic separation
schemes in the internationl regulations for preventing collisions at
sea, all vessels using a traffic separation scheme in the waters of
Hong Kong shall comply with the rules of the traffic separation
schemes contained in Part I of the Second Schedule.

(2) For the purposes of paragraph (1), traffic separation
schemes shall be the traffic separation schemes contained in Part II
of the Second Schedule.

(3) If without reasonable excuse this regulation is con-
travened, the master of the vessel commits an offence and is liable
to a fine of $10,000 and to imprisionment for 6 months.

18. (1) Notwithstanding any rule relating to right of way in
the international regulations for preventing collision at sea, a vessel
which is proceeding along, as opposed to crossing, any principal
fairway shall have right of way over a vessel which is proceeding
accross such fairway, and a vessel which is proceeding across a
principal fairway shall give way to a vessel proceeding along a
principal fairway.

(2) If without reasonable excuse this regulation is con-
travened, the master of the vessel commits an offence and is liable
to a fine of $10,000 and to imprisonment for 6 months.

19. (1) Without prejudice to paragraph (2), no hydrofoil boat shall,
when underway in the waters of Hong Kong between half an hour after
sunset and half an hour before sunrise, proceed at a speed exceeding
the maximum speed to which a hydrofoil boat is subject in accordance
with the Fourth Schedule, except with the permission in writing from the
Director.

(2) Every vessel underway in any. port shall proceed with caution
and, unless the Director otherwise permits, at a speed not exceeding the
maximum speed to which the vessel is subject in accordance with the
Fourth Schedule.

(3) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of 5
10,000 and to imprisonment for 6 months.





20. (1) Any vessel underway to which the international code signal
'L' is made by flag, sound or flashing lamp from a marine, police,
immigration or customs and excise department launch or a signal
station, or to which any signal prescribed in regulation 35 is exhibited
from a police launch, shall stop until authorized to proceed.

(2) Any vessel not underway to which the international code signal
'L' is made in the manner specified in paragraph (1), or to which any
signal prescribed in regulation 35 is exhibited from a police launch, shall
not move from its position until authorized to do so.

(3) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of $5,000
and to imprisonment for 6 months.

21. (1) No vessel shall when entering Victoria port embark, or when
leaving it disembark, a pilot outside the port within a distance of one
nautical mile from the centre of the Lei Yue Mun Pass or Sulphur
Channel.

(2) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of $5,000.

22. (1) Subject to paragraphs (3) and (4). when a ship arrives in a
port or anchors in any other place in the waters of Hong Kong, the
owner of the ship, or if the owner is not in Hong Kong his agent, shall
within 24 hours after such arrival or anchoring

(a)report at the office of the Director the arrival or anchoring of
the ship; and

(b) deposit at the office of the Director-

(i) the ship's clearance from the last port of call;

(ii) if cargo is to be discharged or transhipped, a copy of
the manifest of such cargo;

(iii) a list of the passengers on board (if any);

(iv) a list of crew; and

(v) such other documents as the Director may require; and

(c)in the case of a British ship or a ship belonging to a nation
not having a consular officer in Hong Kong

(i) produce at the office of the Director the certificate of
registry of the ship;

(ii) deposit at the office of the Director the ship's articles.

(2) If an owner of a ship or his agent who complies with paragraph
(1) ceases to be the owner or agent, as the case may be, whilst the ship
is within the waters of Hong Kong he shall forthwith notify the Director
to that effect in writing.





(3) If the owner of a ship or his agent is not in Hong Kong, paragraph (1)
shall be complied with by the master of the ship.

(4) Paragraph (1) shall not apply to any ship for the time being used by
the Hong Kong Government, or to any warship or ship for the time being used
by Her Majesty's Government or the Government of any State for other than
commercial purposes.

(5) Any owner, agent or master who without reasonable excuse
contravenes this regulation commits an offence and is liable to a fine of $5,000

23. (1) Except with the permission of the Director, no vessel shall enter
the Hong Kong Airport Approach Area No. 1 specified in paragraph 1 of the
Fifth Schedule.

(2) Except with the permission of the Director, no vessel which has a
mast or superstructure height exceeding 30 metres above sea level shall enter or
pass through part of Kowloon Bay which lies to the north of the Hong Kong
Airport Approach Area No. 1 specified in paragraph 1 of the Fifth Schedule.

(3) Except with the permission of the Director, no vessel which has a
mast or superstructure height exceeding 35 metres above sea level shall when
proceeding to or from the Kwun Tong Oil Installation pass through the Hong
Kong Airport Approach Area No. 2 specified in paragraph -1 of the Fifth
Schedule.

(4) No vessel shall enter the Hong Kong Airport Approach Area No. 2
specified in paragraph 2 of the Fifth Schedule except

(a) with the permission of the Director;

(b)when a tropical cyclone warning signal other than No. 1 or 3 is
hoisted at the Port Communications Centre; or

(c)when proceeding to or from the Kwun Tong Oil Installation,
provided that the mast or superstructure height of such vessel does
not exceed 35 metres above sea level.

(5) No vessel shall enter and remain in an area of any cable reserve
specified in the Sixth Schedule except for the purpose of-

(a) laying or repairing a submarine cable or pipeline; or

(b) berthing at any pier within any such area.

(6) Except with the permission of the Director, no vessel shall enter any
area within

(a)100 metres of any part of the seawall of the Hong Kong Airport
runway;

(b) 100 metres from the low water mark on Green Island; or

100 metres from the low water mark on Stonecutters Island;

7) If without reasonable excuse this regulation is contravened, the master
of the vessel commits an offence and is liable to a fine of 55,000 and to
imprisonment for 6 months.





24. (1) Except with the permission of a naval authority, no
vessel shall enter or navigate within 100 metres of any part of the
Victoria Naval Basin.

(2) A vessel entering the Victoria Naval Basin shall keep a
distance of at least 60 metres from the seawall of the Victoria Naval
Basin before turning in and shall not turn in until the entrance is in
full view.

(3) A vessel leaving the Victoria Naval Basin shall proceed on
a north-westerly course which shall be maintained until well clear of
the point of exit.

(4) If without reasonable excuse this regulation is con-
travened, the master of the vessel commits an offence and is liable
to a fine of $2,000.

25. (1) Except with the written permission of the Director, no
person shall be embarked or disembarked, and no cargo shall be
loaded, unloaded or transhipped, onto or from a vessel at any place
within the waters of Hong Kong other than in-

(a) a port; or

(b) a special anchorage.

(2) This regulation shall not apply to vessels to which Part IV
of the Ordinance applies.

(3) If without reasonable excuse paragraph (1) is contravened,
the master of the vessel commits an offence and is liable to a fine of
$20,000 and to imprisonment for 1 year.

26. (1) A ship shall, while within the waters of Hong Kong,
have on board at all times such number of crew as is, in the opinion
of the Director, qualified and capable of carrying out all duties
which may reasonably be required to ensure the safety of the ship
having regard to the circumstances pertaining thereto.

(2) If this regulation is contravened, the owner and the master
of the ship commit an offence and each of them is liable to a fine of
$20,000.

27. (1) A master who is required to have port clearance in
respect of his vessel under section 15 of the Ordinance and who
intends to proceed to sea shall apply to the Director for a port
clearance before his intended departure and shall state the time of
departure.

(2) The Director shall, unless he has reason to refuse port
clearance, grant port clearance on application made under para-
graph (1) and return the ship's papers to the master.

(3) Before a port clearance is granted under paragraph (2), the
master shall, if required to do so by the Director, inform the
Director of the nature of the intended voyage, the number of





passengers (if any) and the general description of the cargo on board
the vessel, and provide such other information as the Director may
require.

(4) A port clearance granted under paragraph (2) shall cease
to be valid if the vessel does not proceed to sea within 48 hours after
the grant of the port clearance.

28. (1) If a master after having obtained port clearance under
regulation 27 does not proceed to sea within 48 hours thereafter, he
shall report forthwith to the Director the reason for not proceeding
to sea and shall, if so required by the Director, deposit the ship's
papers with the Director.

(2) Any master who without reasonable excuse contravenes
this regulation commits an offence and is liable to a fine of $5,000.

29. (1) Where a dead ship is expected to arrive in the waters
of Hong Kong, the owner or his agent or the master thereof shall
notify the Director of such expected arrival not less than 24 hours
before the arrival of the dead ship, or, if that is not practicable, as
early as practicable before the arrival of the dead ship.

(2) Subject to paragraph (5), the owner or his agent or the
master of a ship shall without delay notify the Director if the ship
becomes a dead ship after its arrival within the waters of Hong
Kong.

(3) Subject to paragraph (5), the owner or his agent or the
master of a dead ship which is within the waters of Hong Kong shall
without delay notify the Director after the dead ship ceases to be a
dead ship.

(4) A notification required to be given to the Director under
this regulation shall initially be given over a telephone or by means
of a radio or radiotelephone transmission and shall then be con-
firmed in writing by the owner. agent or master within 24 hours after
such initial notification.

(5)(a) Paragraph (2) shall not apply where permission to
carry out maintenance or repair work is obtained under
section 18(3) of the Ordinance.

(b)Paragraphs (2) and (3) shall not apply to any dead ship to
which section 18(2) and (3) of the Ordinance does not
apply.

(6) Any owner, agent or master who without reasonable
excuse contravenes this regulation commits an offence and is liable
to a fine of $5,000.

30. (1) An owner, agent or master shall give to the Director
such information as the Director may require in respect of a dead
ship or a ship which is to become a dead ship.





(2) The information which the Director may require under
paragraph (1) shall be such as he may reasonably require for the
exercise of his powers in relation to the proper control of dead ships.

(3) Any information required under paragraph (1) which is
given over a telephone or by means of a radio or radiotelephone
transmission shall, if so required by the Director, be given in
writing by the owner, agent or master within 24 hours after such
requirement.

31. (1) Where a vessel, which to the knowledge of the owner
or his agent or the master thereof will become a laid-up vessel whilst
within the waters of Hong Kong, is expected to arrive in such waters,
the owner, agent or master shall notify the Director of such expected
arrival not less than 24 hours before the arrival of the vessel, or, if
that is not practicable, as early as practicable before the arrival of
the vessel.

(2) The owner or his agent or the master of a vessel shall
without delay notify the Director if the vessel becomes a laid-up
vessel after its arrival within the waters of Hong Kong.

(3) The owner or his agent or the master of a laid-up vessel
which is within the waters of Hong Kong shall without delay notify
the Director after the laid-up vessel ceases to be a laid-up vessel.

(4) A notification required to be given to the Director under
this regulation shall initially be given over a telephone or by means
of a radio or radiotelephone transmission and shall then be con-
firmed in writing by the owner, agent or master within 24 hours after
such initial notification.

(5) Any owner, agent or master who without reasonable
excuse contravenes this regulation commits an offence and is liable
to a fine of $5,000.

32. (1) An owner, agent or master shall give to the Director
such information as the Director may require in respect of a laid-up
vessel or a vessel which is to become a laid-up vessel.

(2) The information which the Director may require under
paragraph (1) shall be such as he may reasonably require for the
exercise of his powers in relation to the proper control of laid-up
vessels.

(3) Any information required under paragraph (1) which is
given over a telephone or by means of a radio or radiotelephone
transmission shall, if so required by the Director, be given in writing
by the owner, agent or master within 24 hours after such re-
quirement.





PART IV

DISPLAY OF SIGNALS AND LIGHTS

33. (1) Subject to paragraph (2), every vessel shall-

(a)on arrival within signalling distance of a signal station
when entering or leaving the waters of Hong Kong, hoist
her
(i) national colours;
(ii) house flag (if any); and
(iii) signal letters;

(b)when entering and leaving any port, hoist her national
colours;

(c)when underway in any port between sunrise and sunset,
keep her identification flags hoisted and also fly, well clear
of the identification flags, the appropriate berthing signal,
if any, specified in the Eighth Schedule.

(d)when underway in the waters of Hong Kong between
sunset and sunrise, identify herself, if so required by any
vessel which makes the international code signal 'K';

(e)hoist her signal letters not less than 30 minutes before
leaving a berth or anchorage between sunrise and sunset,

hoist a Blue Peter not less than 18 hours before the
intended time of proceeding to sea.

(2) Paragraph (1) shall not apply to vessels to which Part IV of
the Ordinance applies.

(3) If without reasonable excuse paragraph (1) is contravened,
the master of the vessel commits an offence and is liable to a fine of
$5,000.

34. (1) The master of a vessel which has been boarded by an
authorized officer pursuant to section 59 of the Ordinance shall if
required by such authorized officer hoist the international code flags
'S' over the answering pennant.

(2) Where the international code flags 'S' over the answering
pennant are hoisted under paragraph (1)-

(a) no person shall board or leave the vessel; and

(b)no other vessel shall approach within 30 metres of the
vessel,
without the permission of the authorized officer.

(3) Any master who fails to comply with a requirement under
paragraph (1) commits an offence and is liable to a fine of 55,000.

(4) Any person who contravenes paragraph (2)(a), or the
master of any vessel which contravenes paragraph (2)(b), commits
an offence and is liable to a fine of 55,000.





35. (1) A police launch shall, for the purposes of regulation 20,
exhibit the following signal

(a)between sunrise and sunset, a blue flag with one white and
two red diagonal stripes; and

(b) between sunset and sunrise, a blue light.

(2) If any vessel exhibits without authority any signal specified in
paragraph (1), the master of the vessel commits an offence and is liable
to a fine of $5,000.

36. Where fire services assistance or police assistance is required
on a vessel

(a)between sunrise and sunset, the international code signal
'CB3' shall be hoisted and, in the case of fire, that signal may
be supplemented by the international code signal 'CB6' 'I am
on fire

(b)between sunset and sunrise, 3 all-round lights in a vertical
line, the highest and the lowest lights white and the middle
red, shall be exhibited and that signal may be supplemented by
a flare up' every minute in the case of fire or 'blue lights' in
the case of riot or disturbance, and, in either case, a
continuous sounding with any fog signal apparatus may, in
addition, be adopted.

37. (1) Without prejudice to anything contained in the Dangerous
Goods (Shipping) Regulations, a vessel on which explosives are being
handled shall

(a)between sunrise and sunset, fly the international code signal
'B' at the fore masthead; and

(b)between sunset and sunrise, exhibit an all-round red light at a
height of not less than 6 metres above the uppermost deck,
and such light shall be of such intensity as to be visible in
clear atmosphere on a dark night at a distance of at least one
nautical mile.

(2) Without prejudice to anything contained in the Dangerous
Goods (Shipping) Regulations, a vessel on which petroleum having a
flash point of less than 65.5 Celsius is being handled shall

(a)between sunrise and sunset, fly a red flag of not less than one
metre square with a white circular centre 150 millimetres in
diameter at the fore masthead and shall also fly the
international code signal 'S.U.7.' and

(b)between sunset and sunrise, exhibit an all-round red light at a
height of not less than 6 metres above the uppermost deck,
and such light shall be of such intensity as to be visible in
clear atmosphere on a dark night at a distance of at least one
nautical mile.





(3) If this regulation is contravened, the master of the vessel
commits an offence and is liable to a fine of 55,000 and to imprisonment
for 6 months.

(4) For the purpose of this regulation, 'handle' includes all
operations connected with the loading, unloading, discharging,
stacking, stowing or restowing

38. (1) A vessel which is being towed by tugs in the waters of Hong
Kong shall, where radiotelephone equipment is not available for use, use
the towing signals specified in the Ninth Schedule to convey directions
to the tugs.

(2) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of $5,000.

39. (1) Every junk, which is not mechanically propelled, when
underway in the waters of Hong Kong at any time between sunset and
sunrise shall exhibit

(a) the lights prescribed for sailing vessel underway in the
international regulations for preventing collisions at sea;
or

(b)2 all-round white lights of such intensity as to be visible in
clear atmosphere on a dark night at a distance of at least one
nautical mile, one of which shall be placed at the fore
masthead and the other at the stern at a height above the
uppermost continuous deck of not less than 2 metres.

(2) Unless the Director so directs, no lights shall be required to be
exhibited on any vessel to which Part IV of the Ordinance applies that
tends to remain stationary in any part of the waters of Hong Kong.

(3) If this regulation is contravened, the master of the junk commits
an offence and is liable to a fine of 55,000.

40. (1) An owner or occupier of a pier, whether completed or under
construction, shall, unless exempted in writing by the Director, at all
times between sunset and sunrise cause a red light to be exhibited
within 2 metres of the outer end of the pier and at a height above it of
not less than 3 metres nor more than 6 metres, and such red light shall
be of such intensity and so constructed as to be visible from seaward in
clear atmosphere on a dark night at a distance of at least one nautical
mile.

(2) Any owner or occupier of a pier who contravenes paragraph (1)
commits an offence and is liable to a fine of $5,000.

PART V

ANCHORING, MOORING AND BERTHING OF
VESSELS

41. (1) Subject to paragraph (2), a vessel shall not anchor at any
place in a port other than at a place





(a)set aside by the Director for the anchorage of that particular
type, class or description of vessel or for a particular purpose;
or

(b) specified by the Director in any particular case.

(2) No vessel shall anchor or lie-

(a) within any principal fairway;

(b)in the direct approaches to the Lei Yue Mun Pass or Sulphur
Channel;

(c)in a position which obstructs the approaches or entrances to
any principal fairway, typhoon shelter or pier;

(d)in a position which gives a foul berth to any other vessel
made fast to a mooring, pier or dock premises;

(e)except with the permission of the Director, within 500 metres
of any place or vessel designated as a Government Explosives
Depot under section 13A of the Dangerous Goods Ordinance;

except with the permission of the Director, at any place at
which anchoring or lying is prohibited by notice to that effect
conspicuously posted at or near that place by order of the
Director;

(g)if the vessel exceeds an overall length of 100 metres, within
the Yau Ma Tei Anchorage except with the permission of the
Director,

(h)in an immigration anchorage except for the purpose of
compliance with the Immigration Ordinance;

(i)in a quarantine anchorage except for the purpsoe of
compliance with the Quarantine and Prevention of Disease
Ordinance;

(j)in a dangerous goods anchorage except for the purpose of
compliance with the Dangerous Goods Ordinance; and

(k)in a naval anchorage except with the permission of the naval
authorities.

(3) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of 510,000
and to imprisonment for 6 months.

42. (1) No vessel shall moor to a buoy unless the buoy is one laid
for mooring purposes.

(2) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of $2,000.





43. (1) Except with the permission of the Director, no vessel
shall moor to a Government mooring buoy.
(2) A vessel shall be secured to a Government mooring buoy
by her anchor cable.
(3) A vessel which is moored to a Government mooring buoy
shall not-
(a) swing ship for compass adjustment., or
(b) test main propulsion machinery.
(4) When a tropical cyclone warning signal is hoisted at the
Port Communications Centre every vessel (other than a dead ship)
which is moored to a Government mooring buoy shall clear anchor
and cables and prepare the main propulsion machinery to full power
conditions and such vessel shall, if so directed by the Director. leave
the mooring buoy.
(5) If without reasonable excuse this regulation is contra-
vened, the master of the vessel commits an offence and is liable to
a fine of $10,000.

44. (1) Subject to paragraph (3), no vessel shall berth at any
berth other than at the berth allocated to the vessel by the Director.
(2) A vessel which is berthed shall not leave the berth unless-

(a) directed to do so by the Director. or
(b) permission to do so is obtained from the Director.
(3) This regulation shall not apply to any vessel to which Part
IV of the Ordinance applies.
(4) If without reasonable excuse this regulation is contra-
vened, the master of the vessel commits an offence and is liable to a
fine of $10,000 and to a further fine of S 1,000 for every hour or part
of an hour during which the vessel remains in a berth in contraven-
tion of this regulation after the master thereof has been directed by
the Director to move from such berth.

45. (1) Save as provided in this regulation or as permitted by
the Director, no vessel shall lie alongside any other vessel which is
berthed anywhere in a port, other than in a typhoon shelter specified
in the Shipping and Port Control (Typhoon Shelters) Regulations.
(2) An oil bunkering vessel not exceeding 2 000 tons net
register may lie alongside another vessel for the purpose of
bunkering.
(3) Vessels to which Part IV of the Ordinance applies may lie
alongside a ship-
(a) not more than 3 abreast at the gangway of the ship;
(b)not more than 5 abreast at other parts on either side of the
ship;

(c)not more than 4 abreast alongside if the ship is moored at
any wharf,





(d)not more than 2 abreast alongside if the ship is moored at No.
5 North Berth of the Hong Kong and Kowloon Wharf and
Godown Company.

(4) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of $5,000.

46. (1) Except with the permission of the Director, no vessel shall lie
alongside a Government pier for any purpose other than to enable
passengers to embark or disembark (with their luggage, if any) and for
any time longer than is reasonably necessary for such embarking or
disembarking.

(2) Except with the permission of the Director, no vessel exceeding
35 metres in length shall go alongside any Government pier.

(3) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of $2,000.

47. (1) No vessel shall make fast to any part of a Government or
British Forces pier except to the recognized mooring bollards and rings
provided thereon as moorings.

(2) No vessel shall lie alongside any pier unless the pier is
designed and constructed for the purpose.

(3) If without reasonable excuse this regulation is contravened, the
master of the vessel commits an offence and is liable to a fine of 52,000.

48. (1) No person shall lay a private mooring anywhere in the
waters of Hong Kong except in the place specified in the permission
granted under section 6 of the Ordinance.

(2) A private mooring laid under paragraph (1) shall not be used by
any vessel not owned by or under the control of the owner of the
private mooring except with the consent of the owner of the private
mooring or by direction of the Director.

(3) Subject to paragraph (4), the fee prescribed in the Thirteenth
Schedule shall be paid for the keeping of a private mooring.

(4) No fee shall be payable in respect of a private mooring if the
Director is satisfied that the mooring is used exclusively for warping
purposes.

(5) Subject to paragraph (5A), if the owner of a private mooring
sells or otherwise transfers the private mooring

(a)he and the purchaser or transferee shall notify the Director in
a form specified by the Director of the name and address of
the new owner and shall give such other information as the
Director may require; and





(b)the purchaser or transferee shall pay the transfer of ownership
fee prescribed in the Thirteenth Schedule,

in each case within 14 days after the date of the sale or transfer.

(5A) Paragraph 5 shall not apply to the sale or transfer of a private
mooring by the Director.

(6) A private mooring and the chains, shackles and other
accessories of the mooring shall be of such nature and construction as
the Director may direct and the owner of the mooring shall keep and
maintain the mooring and its accessories in the approved position and
in good condition.

(7) The Director may inspect a private mooring and its accessories
and may require the owner of the private mooring

(a) to carry out any repairs to the mooring or its accessories;

(b) to re-lay or renew the mooring; or

(c) to remove the mooring.

(8) Any person who-

(a) contravenes paragraph (1). (5)(a) or (6); or

(b)fails to comply with any direction or requirement under
paragraph (6) or (7),

commits an offence and is liable to a fine of $5,000.

(9) If any vessel uses any private mooring in contravention of
paragraph (2), the owner or master of the vessel commits an offence and
is liable to a fine of $300 for each day or part of a day during which the
mooring is so used.

(10) Where in respect of a private mooring

(a)the prescribed fee is not paid under paragraph (3) or (5)(b), or

(b) an offence is committed under paragraph (8),

the Director may, without prejudice to the liability of the owner of the
private mooring for the fee or the penalty, as the case may be, remove
the private mooring and its accessories or sell the mooring and its
accessories.

PART VI

PORT DUES AND FEES

49. (1) Subject to paragraph (2), the port dues and fees prescribed
in the Thirteenth Schedule shall be paid in respect of every vessel which
enters the waters of Hong Kong.

(2) No port dues shall be payable under paragraph (1) in respect of





(a)a vessel underway in transit through the waters of Hong
Kong;

(b)a vessel sheltering in the waters of Hong Kong from stress of
weather; or

(c)a vessel entering the waters of Hong Kong solely for the
purpose of landing a sick or injured person.

50. (1) Subject to paragraph (2), the anchorage dues prescribed in
the Thirteenth Schedule shall be paid in respect of every vessel which
continues to lie at anchor in the waters of Hong Kong after the day on
which it arrives.

(2) No anchorage dues shall be payable under paragraph (1) in
respect of any vessel

(a)to which Part IV of the Ordinance applies, other than a vessel
of 50 metres or more in length;

(b)sheltering in the waters of Hong Kong from stress of weather;

(c)equipped to the Director's satisfaction as a cable ship or
salvage vessel and which is based on Hong Kong,

(d) at anchor in a naval anchorage;

(e) secured to a mooring or pier,

(f) secured alongside a shipyard or at a slipway or dry dock; or

(g)secured alongside a vessel which is secured alongside a
shipyard.

51. The mooring buoy dues prescribed in the Thirteenth Schedule
shall be paid in respect of every Government mooring buoy which is
occupied by or reserved for a vessel.

52. The fees prescribed in the Thirteenth Schedule shall be payable
for certificates, permits and other services specified in that Schedule.

53. (1) For the purpose of calculating any port dues or fees payable
under the Ordinance which are based on the tonnage of a vessel, the
Director may require the owner or his agent or the master of the vessel
to produce for inspection the register of the vessel.

(2) Where the owner, agent or master fails to comply with any
requirement under paragraph (1) or to satisfy the Director as to the true
tonnage of a vessel, the Director may cause the vessel to be measured,
and such measurement shall be deemed to be the true tonnage of the
vessel for the purpose of calculating the port dues or fees.





(3) Any expenses incurred by the Director in measuring a vessel
under paragraph (2) shall be recoverable from the owner or his agent or
the master of the vessel in the same manner as port dues payable under
the Ordinance are recoverable.

(4) An owner or master of a vessel who refuses to allow his vessel
to be measured under paragraph (2) or obstructs any person carrying
out such measurement shall be guilty of an offence and shall be liable
on conviction to a fine of $5,000.

54. (1) The Director shall issue a receipt for any port dues or fees
paid under the Ordinance.

(2) The Director may require the production for inspection of any
receipt issued under paragraph (1) and may refuse to grant port
clearance in respect of a vessel, in respect of which any dues or fees are
payable, until such receipt is produced.

55. The Director shall cause to be posted at such place as he may
determine tables of all port dues and fees prescribed under the
Ordinance.

PART VII

LOGS AND OTHER TIMBER

56. (1) Except with the written permission of the Director, no person
shall

(a)load or discharge on or from a vessel logs or other timber onto
or from any waterfront or seawall within the boundaries of any
port other than within the limits of a privately owned or leased
waterfront or seawall;

(b)discharge logs or other timber from a vessel into the waters of
Hong Kong other than in a timber storage pound;

(c)store logs or other timber in the waters of Hong Kong other
than in a timber storage pound;

(d)tow logs, or permit them to lie afloat or rest on the sea bed, in
the waters of Hong Kong other than in a timber storage
pound; or

(e)discharge logs or other timber (other than sawn timber) from
one vessel to another in the waters of Hong Kong.

(2) Any person who contravenes paragraph (1) commits an offence
and is liable to a fine of 510,000 and to imprisonment for 6 months.

(3) The owner or his agent or master of a vessel from which it is
intended to discharge logs or other timber (other than sawn timber) into
any other vessel within the waters of Hong Kong shall give notice of
such intention to the Director, in such form as the Director may specify,
not less than 24 hours before the discharge commences.





57. (1) The owner, or the person in charge, of logs or log rafts
which are being towed in the waters of Hong Kong shall exhibit-

(a)between sunrise and sunset, red flags not less than 600
millimetres square at each end of every log or log raft at a
height of not less than 2 metres above sea level, and if any
log or log raft exceeds 15 metres in length a third similar
flag at the middle thereof;

(b)between sunset and sunrise, all-round white lights in place
of the flags required under sub-paragraph (a), and such
lights shall be of sufficient intensity so as to be visible in
clear atmosphere on a dark night at a distance of at least
one nautical mile.

(2) Any person who contravenes paragraph (1) commits an
offence and is liable to a fine of $10,000 and to imprisonment for
6 months.

58. (1) The Director may approve as a timber storage pound
any area of the waters of Hong Kong in which logs and other timber
may be stored, whether floating or submerged, and in granting such
approval he may impose such conditions as he thinks fit.

(2) Any person who fails to comply with any condition im-
posed under paragraph (1) commits an offence and is liable to a fine
of $10,000 and to imprisonment for 6 months.

59. (1) The owner of logs stored in the waters of Hong Kong
shall mark every such log for the purpose of identifying the owner
and shall notify the Director in writing of the identification mark
used.

(2) Any owner of logs who contravenes paragraph (1) com-
mits an offence and is liable to a fine of 510,000 and to imprisonment
for 6 months.

60. (1) The Director may give such directions as he thinks fit
in respect of the removal, movement or securing of-

(a)a log or other timber which is stranded, floating or
submerged in the waters of Hong Kong, other than in a
timber storage pound;

(b)any other object which is stranded, floating or submerged
in the waters of Hong Kong and which is a hazard to
navigation.

(2) A direction under paragraph (1) may be given to the owner
or other person who claims that he is entitled to the possession of the
log or other timber or object.

(3) If any direction given under paragraph (1) is not complied
with by the person to whom the direction is given, he commits an
offence and is liable to a fine of $5,000 and to imprisonment for
6 months.





(4) The Director may seize and detain a log or other timber or
object referred to in paragraph (1) if-

(a)a direction given under paragraph (1) is not complied with;
or

(b)after reasonable inquiry he is unable to ascertain the name
and address of, or after reasonable attempts fails to
contact, the owner or other person entitled to the posses-
sion of the log or other timber or object.

(5) For the purposes of seizing a log or other timber or object
under paragraph (4), the Director may take any action that is
necessary to remove, move or secure the log or other timber or
object.

(6) The Director shall publish in the Gazette and in one
English language and one Chinese language newspaper circulating
in Hong Kong a notice of a seizure effected under paragraph (4) and
the notice shall specify-

(a)the name (if known to the Director) of the person whom
the Director believes to be the owner or otherwise entitled
to the possession of the log or other timber or object;

(b)a description of the log or other timber or object and the
place at which it was seized;

(c)a reasonable period within which and the place at which a
claim shall be submitted for the release of the log or other
timber or object.

(7) If a valid claim to a log or other timber or object seized
under paragraph (4) is submitted at any time before a notice is
published under paragraph (6) or within the period specified in a
notice published under that paragraph, the Director shall, on
payment to him of all expenses involved in the seizure and custody
thereof, release the log or other timber or object to the claimant.

(8) If the release of a log or other timber or object is not
obtained in pursuance of paragraph (7), the Director may sell, or
otherwise dispose of in such other manner as he thinks fit, the log or
other timber or object, as the case may be, and in the case of sale the
proceeds, after deducting all expenses payable under paragraph (7)
and any reasonable expense incurred in the sale, shall be paid to the
person making a valid claim thereto within 6 months after the date
of sale or forfeited to the Crown if not claimed within that period.

PART VIII

MISCELLANEOUS PROVISIONS

61. The signal stations specified in Part 1 of the Tenth Schedule
shall be the signal stations for the purposes of conveying directions
to vessels in the waters of Hong Kong and for the other purposes of
the Ordinance.





62. (1) No naked light shall be used on board any vessel in the
waters of Hong Kong.

(2) No oil which gives off an inflammable vapour at less than 49.9
Celsius shall be used to burn in lanterns on any vessel.

(3) Any person who contravenes this regulation commits an
offence and is liable to a fine of 55,000.

63. (1) Subject to paragraph (2), no person shall use a light on or
from a vessel in the waters of Hong Kong in a manner that is likely to
interfere with the safe operation of any other vessel or any aircraft.

(2) Paragraph (1) does not apply to-

(a)a public officer in the exercise of his powers or performance of
his duty, and

(b) Her Majesty's forces.

(3) Any person who without reasonable excuse contravenes
paragraph (1) commits an offence and is liable to a fine of 55,000.

64. (1) Any person who for the purpose of preventing seizure or
discovery of any cargo or other thing unlawfully obtained from or
carried on a vessel wilfully lets fall or throws such cargo or other thing
into the waters of Hong Kong commits an offence.

(2) Any person who-

(a) conveys in any vessel; or

(b)in any manner conveys away from a vessel, pier, seawal or
waterfront,

any cargo or other thing unlawfully obtained from a vessel in the waters
of Hong Kong commits an offence.

(3) Any person who commits an offence under this regulation is
liable to a fine of 55,000 and to imprisonment for 6 months.

(4) A police officer may take into custody any person who is
contravening, or who he has reasonable grounds for believing has
contravened, paragraph (1) or (2) and may seize and detain any vessel

(a) out of which the cargo or other thing is let fall or thrown;

(b) in which the cargo or other thing is conveyed; or

(e) in which such person is found.

65. (1) No person-

(a) shall dredge for any purpose in any cable reserve,

(b) shall without the permission of the Director sound a
whistle, siren, bell, gong or foghorn on board any vessel in
a port except as provided in the international regulations
for preventing collisions at sea or these regulations;




(e)not being a public officer or a member of Her Majesty's forces
on duty, shall make fast to or cause to be made fast to a ship
underway within the waters of Hong Kong any vessel except
with the permission of the master of the ship.

(2) Any person who contravenes this regulation commits an
offence and is liable to a fine of $5,000.

66. (1) Except with the permission of the Director, no person shall
hold or organize in or upon any part of the waters of Hong Kong any

(a)race, regatta or similar event in which vessels of any type take
part; or

(b) swimming race or similar event

which interferes with, or is likely to interfere with, the navigation of
vessels or the safety of any person in or upon such waters.

(2) On the occasion of any race, regatta or similar event referred to
in paragraph (1) in or upon any part of the waters of Hong Kong, the
Director may prohibit or regulate all traffic upon or in the vicinity of
such waters and may give to an organizer of, and persons taking part in,
the race, regatta or similar event such directions as he thinks fit for the
avoidance of accidents and the safety of persons.

(3) Any person who contravenes paragraph (1) or fails to comply
with any prohibition or regulation of traffic, or direction given, under
paragraph (2) commits an offence and is liable to a fine of $2,000.

67. (1) The Director may, by notice in the Gazette and in any other
manner he thinks fit, prohibit within any area of the waters of Hong
Kong any vessel from

(a)towing any water ski, aquaplane or other similar object, or any
person, or r any person riding upon a water ski, aquaplane or
other similar object;

(b)proceeding at a speed exceeding the maximum speed specified
in the notice.

(2) A person in charge of a vessel which is used for the purpose of
towing any person, whether or not such person is riding upon a water
ski, aquaplane or other similar object, shall be accompanied by another
person not below 18 years of age who shall be responsible for
communicating to the person in charge any mishap occurring to the
person being towed.

(3) Any person in charge of a vessel who contravenes a notice
under paragraph (1), or paragraph (2), commits an offence and is liable
to a fine of $2,000.





68. (1) No person shall fish by purse net, seine net, drift net, trawl,
cage trap, hand line or long line in any prohibited fishing area specified
in Part 1 of the Eleventh Schedule.

(2) No person shall in the waters of Hong Kong-

(a) erect or maintain a stake net; or

(b) operate a beach seine net,

except under, and in accordance with, a licence granted under paragraph
(3).

(3) The Director may, on payment of the fee prescribed in the
Thirteenth Schedule, grant to any person an annual licence, or renew an
annual licence

(a) for the erection and maintenance of a stake net; or

(b) for the operation of a beach seine net.

(4) A licensee shall-

(a) not transfer a licence,

(b)not erect or maintain a stake net otherwise than at the place
specified in the licence or within 200 metres of an existing
stake net without the permission of the owner of that existing
stake net,

(e)exhibit on a stake net in a conspicuous position a notice,
supplied free of charge by the Director, showing the number of
the licence of the stake net;

(d)exhibit on a stake net, between sunset and sunrise, a white
light visible in all directions seaward, and such light shall be
of such intensity as to be visible in clear atmosphere on a dark
night at a distance of at least one nautical mile;

(e)remove at his expense a stake net that is not in use, and if he
fails to do so the Director may remove it and recover the cost
of removal from the licensee as a civil debt;

comply with any conditions attached to a licence.

(5) Any person who contravenes this regulation commits an
offence and is liable to a fine of 52,000.

(6) In this regulation, unless the context otherwise requires-

'beach seine net' means a net not less than 30 metres in length by 1
metre in width, that is shot from a boat and hauled by both ends to
the shore;

',stake net' includes

(a)an inshore net, which means a net attached to poles and
worked by a windlass stationed on shore or in less than 6
metres of water;





(b)an offshore net, which means a net attached to poles and
worked by a windlass stationed in more than 6 metres of
water;

(e)a line of stakes and nets, which means a net or nets
attached to a line of stakes driven into the foreshore or
sea-bed.

69. (1) No person shall within the waters of Hong Kong use
bright light on any vessel for the purpose of fishing or attracting fish
except in the areas specified in Part 11 of the Eleventh Schedule and
in accordance with paragraphs (2) and (3).

(2) Not more than 2 bright lights shall be used at the same
time on a vessel, and no bright light shall be placed at a height
greater than 3 metres above sea level.

(3) A bright light shall be shaded to the satisfaction of the
Director and shall be so constructed and used that the shade shall at
all times extend not less than 120 millimetres below the lowest part
of the light.

(4) Any person who contravenes this regulation commits an
offence and is liable to a fine of $5,000.

70. (1) Without prejudice to the provisions of any other
enactment, no person shall commence any construction or reclama-
tion works, dredging, boring, cable laying or any other type of
works in the waters of Hong Kong, which interfere or are likely to
interfere with the navigation of vessels or with port facilities,
without giving the Director at least 14 days' notice in writing of-

(a) the nature of the works;

(b) the date of their commencement;

(e) the locality in which they will be carried out; and

(d) the estimated duration of the works.

(2) The person in control of the works referred to in para-
graph (1) shall, during the carrying out of the works, comply with
such directions as the Director may give to ensure the safety of
vessels navigating in the vicinity of the works.

(3) Any person who-

(a) contravenes paragraph (1); or

(b)fails to comply with any direction given under paragraph
(2),

commits an offence and is liable to a fine of 510,000 and to
imprisonment for 6 months.

71. The notice under section 77 of the Ordinance shall be in the
form contained in the Twelfth Schedule.
1985 ed cap 313 A31 1985ed cap 313 A32 1985 ed cap 313 a33 1985 ed cap 313 a34 1985 ed cap 313 a35




FOURTH SCHEDULE [reg. 19.1

SPEED OF VESSELS

1. The maximum permitted speed for a hydrofoil boat under regulation 19(1)
is 15 knots.

2. The maximum permitted speed in any port, other than Victoria port, is
10 knots.

3. The maximum permitted speeds within the limits of Victoria port are-

(a) in the case of a vessel of an overall length of 15 metres or less-

(i) 10 knots within the area bounded to the cast by aline drawn from the
North Point Signal Station on a bearing due north to the point of
intersection with the Hong Kong Airport runway, and to the west by a
line drawn from the western extremity of Stonecutters Island to the
eastern extremity of Little Green Island and thence on a bearing due south
to the shore, and to the north by a line drawn from the southern
extremity of Stonecutters Island eastwards to the northern arm of the
northern entrance to the Yau Ma Tei typhoon shelter;

(ii) 10 knots within the Western Dangerous Goods Anchorage;

(iii) 10 knots within 100 metres of the shore or any structure
projecting therefrom;

(iv) 15 knots within any other area of Victoria port.

(b)in the case of a vessel exceeding an overall length of 15 metres but not
exceeding 60 metres. 10 knots;

(e) in the case of a vessel of an overall length of 60 metres more. 8 knots.

FIFTH SCHEDULE [reg. 23.]

RESTRICTED AREAS

1. HONG KONG AIRPORT APPROACH AREA No. 1

The area of the waters of Hong Kong situated in the approaches to the
Hong Kong Airport runway and bounded by straight lines joining the following
positions:

(a) latitude22' IS' 28' north,
longitude114' 12' 34' cast;
(h) latitude22' 18' 17 north,
longitude114' 12' 48 cast:
(c) latitude221 IS' 21' north,
longitude114' 12' 54' cast;
(d) latitude22' 18'04' north,
longitude1141' 13' 21 east;
(e) latitude22' IT46' north,
longitude1141 13' 03 cast:
latitude22' 18'04' north,
longitude114' 12' 18' cast;
(g) latitude22' 18' 28' north,
longitude114' 12' 34' cast.

2. HONG KONG AIRPORT APPROACH AREA No. 2

The area of the waters of Hong Kong bounded by straight lines joining the
following positions:







(a) latitude 22' IT 54' north.

longitude114' 13' 11 cast;





(b) latitude 22' 18' 0 1
north,
longitude 114' 13' 18' east;

(c) latitude 22' 17' 21' north,
longitude 114' 14' OT'
east;

(d) latitude 22' IT 11
north,
longitude 114' 13' 54'
east;

(e) latitude 22' 17' 53' north,
longitude 114' 13' 1 l' cast.

SIXTH SCHEDULE [reg. 2 21]

CABLE RESERVES

1. Central Cable Reserve
The area of the waters of Hong Kong bounded-

(a)on the west, by a straight line drawn from position latitude 22' IT 43'
north, longitude 114' 09' W' east to position latitude 22' 17' 13.5,' north,
longitude 1141 09' 1911 east;

(b)on the east, by a straight line drawn from position latitude 22' 17' 43.Y'
north, longitude 114' 10' 1S.Y' east to position latitude 22' IT 035' north,
longitude 114' 09' 36.5' east.

These boundaries are marked by black and white diamond day-marks and by

fixed red lights at night.

Note:In this cable reserve is the harbour pipeline for conveyance of water
from Kowloon to the Island of Hong Kong. It lies on the harbour bed
between the sign boards erected on the harbour front of Kowloon Point
in the line of Nathan Road projected to the seawall. and Queen's Pier.
Victoria.
2. Stonecutters Island West) Cable Reserve The area of
the waters of Hong Kong bounded

(a)on the west, by a straight line drawn from position latitude 221 20' W'
north, longitude 114' 08' 02.Y' cast to position latitude 22' 19' 2 V north,
longitude 114' OT W east;

(b)on the east, by a straight line drawn from position latitude 221 20' 115'
north, longitude 114' 08' OT' east to the western corner of Stonecutters
Island;

(c)on the north, by a straight line drawn from position latitude 22, 20, W'
north, longitude 1141 08' 02.5' east to position latitude 221 20' 13. 5'
north, longitude 114' 08' 07 east;

(d)on the south, by a straight line drawn from position latitude 221 19' 2V
north, longitude 1141 OT W' east to the western corner of Stonecutters
Island.
3. Stonecutters Island (East) Cable Reserve The area of
the waters of Hong Kong bounded

(a)on the north, by a straight line drawn from position latitude 22' 19, 2W
north, longitude 1141 08' 35' cast to position latitude 22' 19' 205' north,






longitude 1141 08' 445' cast, thence a straight line drawn to position
latitude 22' 19' 18.5' north. longitude 1141 09' 27.5' cast;

(b)on the south, by a straight line drawn from position latitude 22` 19, IT'
north, longitude 1141 08' 3V cast to position latitude 221 19' 093' north,
longitude 114' 09' 2T' east.





4. Sulphur Channel Cable Reserve

The area of the waters of Hong Kong bounded

(a) on the south-wesi, by the harbour limits:

(b)on the north-cast, by a line parallel to the south-west boundary lying four
cables to the north-east.

5. Aberdeen Cable Reserve

The area of the waters of Hong Kong bounded

(a)on the cast, by a straight line drawn 008 from position latitude 221 14
49.5 north, longitude 114 09 19.5 cast on Ap Lei Chau to the mainland;

(h)on the west, by a straight line drawn 000 from position latitude 22 14 48
north, longitude 114 09 16.5 cast on Ap Lei Chau to the mainland,

the lines in each case being marked by two beacons in transit on Ap Lei

Chau
6, Cross Harbour Gas Main Cable Reserve The area of
the waters of Hong Kong bounded

(a)on the east. by a straight line drawn from position latitude 22 IT IF'
north, longitude 114 10 48 cast to position latitude 22 IT 56.5 north,
longitude 114' 10' 34.5 east;

(b)on the west. by a straight line drawn from position latitude 22 IT 10
north. longitude 114' 10 46 cast to position latitude 221 IT 55 north.
longitude 114' 10 32.5 east.

7. North Point Cable Reserve

The area of the waters of Hong Kong bounded

(a)on the cast, by a straight line drawn from position latitude 221 189 35.9
north, longitude 1141 1 V 28.3 cast to position latitude 22 IT 43.1
north. longitude 114' 11' 57.9 cast;

(b)on the west. by a straight line drawn from position latitude 221 IT 40.5
north, longitude 114' IV 45 cast to position latitude 22 18 21 north,
longitude 1141 1 l' 24.5 cast.

SEVENTH SCHEDULE [reg. 2.]

SPEC SPECIAL
ANCHORAGES

1. Quarantine Anchorages

(a) Eastern Quarantine Anchorage

The area of the waters of Hong Kong bounded by straight lines
joining the following positions

(i) latitude22` 18' 21 north.
longitude 114' 12' 00 cast;

(ii) latitude2 18'04' north,
longitude 1141 1200 cast:

(iii) latitude221 18' 04' north,






loneitude1141 12' 1 W' cast;
(iv) latitude22' 18' 21 north,
longitude1141 12' 29' case
(v) latitude221 1 S' 21 north,

longitude 1141 12'OW cast.





(b) Western Quarantine Anchorage

The area of the waters of Hong Kong bounded by straight lines
joining the following positions

(i) latitude22' 19' 21 north,
longitude114' 06' 16.5' east;
(ii) latitude22' 18' 3T' north,
longitude114' 06' 21' cast;
(iii) latitude22' 18' 21 north,
longitude114' 06' 03 east;
(iv) latitude22' 19' OY' north,
longitude1141 05'42' east.

2. Dangerous Goods Anchorages

(a) Pun Shan Dangerous Goods Anchorages

The area of the waters of Hong Kong bounded by straight lines
joining the following positions

(i) latitude22` 19' 24' north.
longitude 114' 03' 24' east;

(ii) latitude22` 19' 24' north,
longitude 114' 04' OW east;

(iii) latitude22' 18' 00' north.
longitude 114103' 24' east,

(iv) latitude 221 18'00' north,

longitude114' 04' 30' east.

(h) Tsuen Wan Dangerous Goods Anchorage

The area of the waters of Hong Kong bounded

(i) on the north, by the
mainland:

(ii) on the south, by a straight line drawn 090' from the southern
extremity of Ngan Ying Chau to the mainland. (By a straight
line drawn 0791 from the southern extremity of Ngan Ying
Chau to the mainland, see B.A. Chart 3632 for typhoon
shelter);

(iii) on the cast, by the mainland,

(iv) on the west, by a straight line drawn 0001 from the

northwest extremity of Ngan Ying Chau to the mainland.

(c) Western Dangerous Goods Anchorage

The area of the waters of Hong Kong bounded by straight lines
joining the following positions

(i) latitude22' 18' 5Y' north,
longitude114' 07' 24' east;
(ii) latitude22' 19' 0 1 north,
longitude114' 07' 21 east;
(iii) latitude22' 19' M' north,
longitude114' 06'48' east.
(iv) latitude221 19' 21 north,






longitude1141 06' 17 cast.
(v) latitude22' 18' 47 north,
longitude1141 06' 2W east;
(vi) latitude22' 18' 2T' north,
longitude114' 07' 03 east.

(d) Rocky Harbour Dangerous Goods Anchorage

The area of the waters of Hong Kong bounded by straight lines
joining the following positions

(i) latitude22' 20' 48' north,
longitude 114'20'09'east;

(ii) latitude 22` 20' 48' north.

longitude114120' 27 east;





(iii) latitude22' 20' 3 1 north,
longitude 114' 20' 2T' cast:

(iv) latitude221 20' 3 1 north,
longitude 114' 20' 09 cast.

(e) Bay Dangerous Goods The area of the waters of Hong Kong Kong bounded by straight lines 9
joining the following positions

(i) latitude221 17 33 north.
longitude114' 15 00 cast;
(ii) latitude22' 17 33 north.
longitude114' 15' 21 cast;
(iii) latitude22' IT 12 north,
longitude114' 15 21 east;
(iv) latitude22' IT 12 north,

longitude 114' 15 00 cast.

3. Yau Mu Tei Anchorage
The area of the waters of Hong Kong bounded by straight lines

joining the following positions

(a) latitude22' 19' 10.5 north..
longitude1140 09 15 east;

(b) latitude22 19' 11.5' north
longitude114108' 43 east;
(c.) latitude221 1 S' 36 north,
longitude114108' 36 cast;
(d) latitude221 1 S' 24.5 north.
longitude114 09 cast

4. Naval A nchorage
The area of the waters of Hong Kong bounded by. lines drawn
(a)from a point on the northern shore of Hong Kong Island position latitude
22` 17 03 north. longitude 1140 09 37 cast. to position latitude 22' IT 14
north. longitude 114' 09 39.5 cast..

(h)thence to position latitude 22' IT 23 north. longitude 114' 09' 4T' cast and
to position latitude 2-10 IT 2Y' north. longitude 110 10' 11. 5 east:

(c)thence following the circumference of a circle xiilh radius 300 metres from
position latitude 22' 17' 1Y' north. longitude 114' 10' IV cast to position
latitude 220 17' 0521' north. longitude 114' 10' JY cast;

(d)thence to position latitude 220 17' 0Y north, loncitude 114' 09' 59' cast;

(e)thence to a point on the northern shore of Hong Kong Island position
latitude 221 16' 5S.Y' north. longitude 114' 09' 5Y east.

EIGHTH SCHEDULE [reg. 33.1

BERTHING AND OTHER SIGNALS

The Ocean Terminal at Tsim Sha Tsui belong- Answering Pennant-OT

ing to the Hong Kong Kowloon Wharf

Godown Co. Lid.

The wharf at Kwun Tong belonging to the Answering Pennant-KT







Shell Company of Hong Kong Ltd.

The wharf at Ap Lei Chau belonging to the Answering Pennant-AP

Shell Company of Hong Kong Ltd.





The wharf at Tsuen Wan belonging to the Answering Pennant-TW Hong
Kong Oil Co. Ltd.

The wharf at Tsuen Wan belonging to Caltex Answering Pennant-TW
Oil Hong Kong Ltd.

The wharf at Sham Tseng belonging to Hong Answering Pennant-SW
Kong Breweries Ltd.

The wharf at Hung Horn belonging to Hong Answering Pennant-KD
Kong United Dockyards Co. Ltd.

The wharf at Ngan Ying Chau belonging to Answering Pennant-NY
China Resources Co. Ltd.

The wharf at Chai Wan belonging to China Answering Pennant-CW
Resources, Petroleum and Chemicals Co.

Ltd.

Thewharf at Kennedy Town belonging to Answering Pennant-CM China
Merchants Lighterage and Trans

portation Co. Ltd.

The wharf at Lamma Island belonging to Far Answering Pennant-FE
East Cement Co. Ltd.

The wharf at Tsing Yi Island belonging to Answering Pennant-MO Mobil
Oil Hong Kong Ltd.

Thewharf at Tsing yi Island (south side) Answering Pennant-ET
belonging to Caltex Oil Hong Kong Ltd.

The wharf at Tsing Yi Island belonging to Answering Pennant-CO Caltex
Oil Hong Kong Ltd.

The wharf at Tsing Yi Island belonging to Answering Pennant_EO Esso
Oil Co. Ltd.

The wharf at Tsing Yi Island belonging to Answering Pennant-GO Hong
Kong Oil Co. Ltd.

The wharf at Tsing Yi Island belonging to Answering Pennant-FO Feoso
Oil Co. Ltd.

The wharf at Kwai Chung (Lot No. 1) belong- Answering Pennant-KC I
ing to Modern Terminals Ltd.

The wharf at Kwai Chung (Lot No. 2) belong- Answering Pennant-KC2
ing to Hong Kong International Terminals Ltd.

The wharf at Kwai Chung (Lot No. 3) belong- Answering Pennant-KC3
ing to Sealand Orient Ltd.

The wharf at Kwai Chung (Lot No. 4) belong- Answering Pennant-KC4
ing to Hong Kong International Terminals Ltd.

The wharf at Kwai Chung (Lot No. 5) belong- Answering Pennant-KC5
ing to Modern Terminals Ltd.

The wharf at Kwai Chung (Lot No. 6) belong- Answering Pennant-KC6
ing to Hong Kong International Terminals Ltd., southern side

Theanchorage off the north-cast coast of Answering Pennant-PS Lantau






Island known as Pun Shan Dan

gerous Goods Anchorage

Western Dangerous Goods Anchorage Answering Pennant-WE
Western Quarantine Anchorage Answering Pennant-WQ
Kellett Bank Anchorage Answering Pennant-BA
Yau Ma Tei Anchorage Answering Pennant-YT
Yam 0 Bay Anchorage Answering Pennant-OA





Tolo Harbour Anchorage Answering Pennant-TA
Sham Shui Po Anchorage Answering Pennant-SA
Junk Bay Anchorage Answering Pennant - JA
~Rocky Harbour Anchorage Answering Pennant-RH
Sok Kwu Wan Anchorage Answering Pennant-PA

Theanchorage off north coast of Lantau Answering Pennant-LA Island
known as Laid Up Ship

Anchorage

Naval Base Answering Pennant-NB

The wharf at Connaught Road West known Answering Pennant-MW as
the Hong Kong-Macau Ferry Terminal

The wharf at Siu Lam belonging to Lok On Answering Pennant-SD Pai
Desalination Plant

Thewharf at Po Lo Tsui, Lamma Island. Answering Pennant-LE
belonging to Hong Kong Electric Co.

Ltd.

Thewharf at Tap Shek Kok belonging to Answering Pennant-TE China
Light Power Co. Ltd.

Thewharf at Tap Shek Kok belonging to Answering Pennant-TC China
Cement Co. Ltd.

Floating Dock at Tsing Yi Island (Apple Answering Pennant-AD Dock)
belonging to Euroasia Dockyards

Co. Ltd.

Floating Dock at Tsing Yi Island (Whampoa Answering Pennant-WD
Dock) belonging to Hong Kong, United Dockyards Co. Ltd.

Floating Dock at Tsing Yi Island (Taikoo Answering Pennant-TD Dock)
belonging to Hong Kong United

Dockyards Co. Ltd.

Floating Dock at Tsing Yi Island (Yiu Lian Answering Pennant-YDI No. 1
Dock) belonging to Yiu Lian Dockyards Co. Ltd.

Floating Dock at Tsuen Wan (Yiu Lian No. 2 Answering Pennant-YD2
Dock) belonging to Yiu Lian Dockyards Co. Ltd.

'A' buoys Ans'ering Pennant-A-with
appropriate buoy number
'B' buoys Answering Pennant-B-with
appropriate buoy number
Naval Buoys Answering Pennant-N-with
appropriate buoy number

NINTH SCHEDULE [reg. 38.1

ToWING SIG\ALS

A vessel being towed by lugs shall use the following sound signals on whistle or
siren

1. Conventional Method (Bow and Stern Wires







(i) Tow ahead ...one long blast
(ii) Tow to starboard one long blast followed by one short
.................blast





(iii) Tow to port ......... one long blast followed by two short
....blasts
(iv) Tow astern........... three short blasts
(v) Stop towing........... two long blasts
(vi) Let go ......... one long blast followed by four short
....blasts
(vii) Steering tug take up
stern position............ four short blasts

2. Alongside Method

(a) If two tugs are engaged alongside

(i) Tow ahead......... 1 one long blast
(ii) Tow to starboard ......... one long blast followed by one short
...blast
(iii) Tow to port ......... one lone blast followed by two short
...blasts
(iv) Tow astern ......... three short blasts
(v) Stop towing ........ two long blasts (vi) Let go .......
one long blast followed by four short
...blasts

(b) If three tugs are engaged alongside

Any signal intended for the after tug op7~t. will be preceded by the signal

one short hlast.lolloit.ed hi. one long hlast

(c) If four tugs are engaged alongside

Any signal intended for the after two tugs oii~i. will be preceded by the
signal

one short hlavt.f(?llo;t,ed hY one long hlasi

TENTH SCHEDULE [regs. 2 6 1.1

PART I

SIGNALS STATIONS

Name Location

1. Waglan Signal Station latitude 22' 1 V OW'
north.

longitude 114' 18' 0Y east.

2. B] ufr Point Signal Station latitude 22' 11' 5T' north.
longitude 114' 12' 45' east.
3. Green Island Signal Station latitude 22' 17' 11 'north.
longitude 114' 06' 3T' cast.
4. North Point Signal Station latitude 22' 17' 45' north.
longitude 114' 11' 54.5 cast.
5. Port Communications Centre latitude 22' 17' 21 north.

Signal Station longitude 114' 09' 0Y east.





PART 11

CALLING-IN POPT

1. Eastern Approaches

Waglan Lighthouse Tathong
Point Hak Kok Tau (Cape
Collinson) Lei Yuc Mun
Eastern Quarantine
Anchorage.

2. Weslern Approaches

Po Toi Island Lamma Channel
Separation Buoy No. 1 Larnma Patch
Buoy Green Island Western Quarantine
Anchorage.

ELEVENTH SCHEDULE [regs. 68 69.1

PART 1

PROHIBIM) FisHi\G AREAS

The following areas of the waters of Hong Kong are prohibited fishing areas
for the purposes ofregulation 68

1 The direct approaches to the Lei Yuc Mun Pass.

2. The direct approaches to the Sulphur Channel,

3. Any, principal fairway.

4.Any area at or near which a notice prohibiting fishing is conspicuously
posted hs, order of the Director.

PART 11

AREAS WHFRE BRIGHT LIGHT FISHING 15 PERMITTED UNDER
REGULATION 69

1. Mirs Bar, Tolo Harbour and Pori Shcher-The waters of Hong Kong
bounded on the south by a straight line drawn from Mirs Point, latitude 22' 27' 06'
north, longitude 114' 30' OT' cast. to the south eastern extremity of East Ninepin
Island (Tung Kwo Chau). thence a straight line drawn 1-381 to the south eastern
extremity of South Ninepin Island (Nam Kwo Chau). thence a straight line drawn
278' to tu Tau Point (Fat Tong Kok).

2. Tseting Kivan 0 or Junk Ba i-The waters of Hong Kong bounded on the
south and west by a straight line drawn from a position to the south of Titi Keng
Wan. latitude '2' IS' 1W north. longitude 114' 15' 10 cast. to the western extremity
of Junk Island (Fat Tau Chau). thence a straight line drawn 090' to meet the
mainland.

3. Deep Bay-The waters of Hong Kong bounded on '.he west by a straight line
drawn from South West Point. latitude 22 28 30 north. longitude 1131 52 50
cast, to Black Point (Lan Kok Tsui)





4. Castle Peak-The waters of Hong Kong bounded on the south by a straight
line drawn 0971 from Pillar Point (Mong Hau Shek) to Brother's Point (Tai Lam
Kok).

5. North Lantau-The waters of Hong Kong bounded on the north by a straight
line drawn from the headland on the western side of Luk Keng Bay, latitude 22' 20'
07 north, longitude 114' 01' 04' east, to the southern extremity of East Brother
Island (Siu Mo To), thence a straight line drawn 248' to the southernmost
extremity of West Brother Island (Tai Mo To), thence a straight line drawn 254'
to the northernmost extremity of Chek Lap Kok Island and a straight line drawn
from the westernmost extremity of Chek Lap Kok Island. latitude 22' 18' 5Y
north. longitude 114' 55'24'cast, to the headland, latitude 22' IT42' north.
longitude (1B) 53' 45' cast, near Sha lo Wan.

6~ North Lantau-The waters of Hong Kong bounded by a straight line drawn
from the headland. latitude 22' 20' 57 north, longitude 114' 02' 36' cast, near
Kwai Shek to a headland at latitude 22120' IT' north, longitude 114' 0 V 54' east.

7. East Lantau-The waters of Hong Kong bounded on the cast by a straight
line drawn from a small unnamed island (25 feet) in latitude 221 19' 54' north,
longitude 114' 03' 24' east to the north eastern extremity of Kau Yi Chau and
thence from the south eastern extremity of Kau Yi Chau a straight line drawn
2181 to the south eastern extremity of Hei Ling Chau, thence a line drawn to a
headland at latitude 22' 13' 55' north, longitude 1141 01' 06' east. Lantau Island

8. South Lawau-The waters of Hong Kong bounded on the south by a straight
line drawn from a headland. latitude 22' 12' 5W north, longitude (1B) 59' 06,' cast,
to the south cast of Mong Fung Wan, to a headland at latitude 220 12AT' north,
longtitude 1131 55'43' cast. cast of Lo Kei Wan.

9. South Lantau-The waters of Hong Kong bounded on the south by a straight
line drawn from a headland. latitude 22' 12' 3W north. longitude 1131 54' 37' cast,
to the west of Lo Kei Wan to a headland at latitude 22' 1 V 54---north. longitude
113' 5 V OW cast. cast of Kau Ling Chung.

10. The Soko Islands and West Lamma Channel-The waters of Hong Kong
bounded on the west by a straight line drawn from the northern extremity of Siu A
Chau, latitude 22' 1 V 2Y north, longitude 113' 54' 13' cast. to a small unnamed
island (98 feet) in latitude 22' 10' 24' north, longitude (1B) 53' 5V cast thence a
straight line drawn to a position at latitude 22' 09' OW north and longitude (1B)
53, 47' east.

11. The Soko Islands and West Lamina Channel-The waters of Hong Kong
bounded on the south by a straight line drawn from position latitude 221 09' 00'
north, longitude (1B) 53' 47' east, to a position latitude 22' 09' OW north,
longitude 114' 08' 5V east.

12. The Soko Islands and West Lamma Channel-The waters of Hong Kong
bounded on the east by a straight line drawn 360' from a position at latitude 22' 09,
00' north, longitude 114' 08' 51' east to Yuen Kok, south eastern extremity of
Lamma Island thence along the coast line from Yuen Kok to Wong Chuk Kok,
thence by a straight line drawn from Wong Chuk Kok to a position at latitude 22'
14' 2V north and longitude 1141 OT 12' east.

13. The Soko Islands and West Lamma Channel-The waters of Hong Kong
bounded on the north by a straight line drawn from the headland at latitude 22' 14,
34' north, longitude 114' 06' 5T' cast to the north eastern extremity of Cheung
Chau Island, latitude 22' 13' 37 north, longitude 114' 01' 5T' cast. and a straight
line drawn from the south western extremity of Cheung Chau Island. latitude 22'
11' 51' north, longitude 114' 01' OT' cast, to the south western extremity of Shek
Kwu Chau, latitude 22' 11' 24' north, longitude 113' 59' 18' cast. thence a straight
line drawn 270' to the northern extremity of Siu A Chau.

14. Hong Kong Island (South)-The waters of Hong Kong bounded on the west
by a straight line drawn from the headland at Waterfall Bay, latitude 22' 15' IT'






north, longitude 114' OT 48' cast, thence to the south western extremity of Ap
Lei Pai, latitude 221 13' 50' north, longitude 114' 09' 3Y cast, thence a straight
line drawn 126' to Wong Ma Kok (Bluff Head) thence a straight line drawn 075' to
Hok Tsui (Cape D'Agui[ar).





15. Hong Kong Island (South)-The waters of Hong Kong bounded by a
straight line drawn 037' from the easternmost extremity of Po Toi Island to the
south eastern extremity of Sung Kong Island and by a straight line drawn 2701
from the north eastern extremity of Sung Kong Island to the north eastern
extremity of Lo Chau (Beaufort Island) and by a straight line drawn 157 from the
southern extremity of Lo Chau (Beaufort Island) to the southern extremity of Po
Toi Island.

TWELFTH SCHEDULE [reg. 71.1

SHIPPING AND PORT CONTROL ORDINANCE

(Chapter 313)

Notice under section 77 of the Shipping and Port
Control
Ordinance to be served on a Master of a vessel
alleged to have committed an offence

To ...............................
............................................

master of (h) ...............................................................................................

1,......(c) .......................................................... ........ ..............

(d) . . ...**** ... .... . .***

(being an officer of the Marine Department of the rank of Marine Inspector Class 11

or above), have reasons to suspect that you on the day

of ............................................ 19 at about
*a.m. p.m.

did (c) ....................................................................................
...........................................

at/in (f) .............................. ....................................................................
.............................

in the waters of Hong Kong, thereby committing an offence under section

(g) ........... of the Shipping and Port Control Ordinance*

regulation W ......................... of the Shipping and Port
Control

Regulations particulars of which are *below overleaf (111 ...................

2. Pursuant to section 77 of the Shipping and Port Control Ordinance. 1
hereby serve you with notice that you are required to be and appear on the

....................day of ......19 at

*a.m. p.m. at the Magistrate's Court at ... ................. 1.1 *Hong
Kong

Kowloon before such magistrate as may then be there. to answer to the alleged
offence and to be dealt with according to law.

Dated this .............day of ............ 19

..................................... 1







Officer of the Marine Department

Rank .........................................................
WARNING:If you fail to appear at the time and place mentioned in paragraph 2
of this notice

(a) The magistrate may issue his warrant for your arrest; and

(b)you may have to pay the costs of such warrant not
exceeding 5400 in addition to any other penalty which on
conviction may be imposed on you.

delete whichever is not applicable.

Notes: (a) insert full name of the master of the vessel alleged to have committed the offence:
(b) insert the name of the vessel
insert name of the officer of the Marine Department serving notice.
(d) insert rank of such officer of the Marine Department.
(e) insert particulars of the offence alleged

place at which the alleged offence was committed: (g) insert the section
of the Ordinance or the regulation. contravened (h) insert the relevant
provisions of the section or regulation contravened: (i) to be signed by the
officer serving this notice.

This notice is to he completed in
duplicate.





The original is to be served personally on the offending master or may, be handed
personally to the senior officer on board the vessel or to the person appearing to
be in charge or command of the vessel at the time of service.

This notice was served by me at on

the .day of ............................... 19 at

...................................... .........................................
*a.m./p.m. by handing the same personally
to ................................... who stated himself in

............. (language) to be

and who appeared to understand the contents thereof.

................

(Signature of the officer of the

Marine Department
serving the
notice)

.Dated .
.(o verleaf)

Particulars of the section of the
Ordinance
or regulation contravened

THIRTEENTH SCHEDULE [regs. 48, 50.
51, 52 others.]
PORT DUES AND FEES
Purpose or service Fees
5

The following port dues, fees and charges shall be payble

1. Anchorage dues

For a ship lying at anchor, per 100 tons or part thereof,
per day or part of a day

(a) Whilst lying in the limits of Victoria port 37.00 up to and
.............................including 31
.............................March 1986 and
.............................545.00 thereafter
(b) Whilst lying elsewhere in the waters of Hong Kong 19.00 up to and
.............................including 31
.............................March 1986 and
.............................530.00 thereafter
2..............................Buoy dues-
For each day or part of a day that a buoy is occupied or
reserved-
(a) A Class A buoy ..........2. 100.00 up to
.............................and including
.............................31 March 1986
.............................and $2,400.00
.............................thereafter
(b) A Class B buoy ..........1,400.00 up to
.............................and including
.............................31 March 1986
.............................and S 1,600.00
.............................thereafter






Note: (1)A buoy may be reserved up to a maximum of 2
days in advance of a vessel's estimated time of
arrival.
1985 ED CAP 313 A48 1985 ED CAP 313 A49




Purpose or service Fees
S

6. Registers and records-
The following fees shall be payble-
(a) For a search in the registers and records on behalf of an
applicant ........................75.00
(b) For any certified extract or copy of a document 100.00
(c) For each uncertified sheet of a Rank Xerox (or similar)
copy of a document ...............5.00

7. Charges for service outside office hours

Where any officer of the Marine Department is required to
perform any service referred to in this Schedule either at the
Marine Department, or at any other place at Hong Kong
outside office hours, there shall be payable. in addition to the
fee prescribed for the service required, the following
charges-
(a) On weekdays from 7 a.m. to 9 a.m. or 5 p.m. to 7 p.m.
(per hour per official) ........400.00

(b) On weekdays before 7 a.m. or after 7 p.m. and on

Saturdays after noon (per hour per official) ....... 800.00

(c) On Sundays and public holidays (per hour per official) 1.200.00

Note:A service occupying less than an hour will be charged for as one hour.
according to the scale. Where a service occupies more than one hour but
not an exact number of hours. the charge will be

(a)if the period in excess of an exact number of hours is 30 minutes or
less, half the appropriate fee for one houn

(b) if the period in excess is more than 30 minutes. the appropriate fee

for one hour.
8. Fishing licence fees-
(a) For the erection and maintenance of each inshore or
offshore stake net ...............120.00
(b) For the operation of each beach seine net 120.00
L.N. 274/78. L.N. 95/79. L.N. 98/79. L.N. 297/80. 46 of 1981. L.N. 150/82. L.N. 69/83. L.N. 118/83. L.N. 78/84. L.N. 29/85. L.N. 127/85. L.N. 236/85. L.N. 237/85. L.N. 293/78. Citation. Interpretation. Sixth Schedule. Tenth Schedule. Seventh Schedule. (Cap. 115.) Seventh Schedule. Tenth Schedule. Third Schedule. Seventy Schedule. Tenth Schedule. Seventh Schedule. Seventh Schedule. Interpretation. Application. Possession of radiotelephone equipment. First Schedule. V.H.F. contact with Port Communications Centre. Initial report to Port Communications Centre. Further reports to Port Communications Centre. Language of reports. Reference to time. Listening watch on radiotelephone. Directions from Port Communications Centre. Authorization to deviate from this Part. Deviation from this Part in emergencies. Failure of radiotelephone contact. Penalties. Traffic separation schemes. Second Schedule. Second Schedule. Navigation in Victoria port. Speed of vessels. Fourth Schedule. Fourth Schedule. Stopping of vessels. Restriction on embarkation or disembarkation of pilots. Master to report arrival. Entry into restricted areas, etc. Fifth Schedule. Fifth Schedule. Fifth Schedule. Fifth Schedule. Fifth Schedule. Navigation near the Victoria Naval Basin. Embarkation and loading, etc. Manning of ships. Obtaining or port clearance. Failure to depart on obtaining port clearance. Notification regarding dead ships. Information regarding dead ships. Notification regarding laid-up vessels. Information regarding laid-up ships. Identification and display of signals. Eighth Schedule. Display of flags 'S' over the code pennant. Signals on police launches. Signals for fire or police assistance. Vessels handling explosives or petroleum. (Cap. 295, sub. leg.) Towing signals. Ninth Schedule. Lights on junks, etc. Lighting of piers, etc. Anchoring of vessels. (Cap. 295.) (Cap. 115.) (Cap. 141.) (Cap. 295.) Mooring to buoys. Use of Government buoys and moorings. Berthing of vessels. Vessels alongside berthed vessels. (Cap. 313, sub. leg.) Berthing, etc. at Government piers. Use of piers. Laying of private moorings. Thirteenth Schedule. L.N. 127/85. L.N. 127/85. Thirteenth Schedule. L.N. 127/85. L.N. 127/85. L.N. 127/85. Port dues and fees. Thirteenth Schedule. Anchorage dues. Thirteenth Schedule. Mooring buoy dues. Thirteenth Schedule. Fees. Thirteenth Schedule. Tonnage of vessels liable to pay port dues or fees. Issue and production of receipt for port dues and fees. Tables of port dues and fees. Discharge and storage of logs and timber. Towing of logs. Approval of timber storage pounds. Identification marks on logs. Removal, etc. of logs and other objects. Signal stations. Tenth Schedule. Use of naked lights and oil. Use of lights. Transport or disposal of things unlawfully obtained, etc. Minor prohibitions. Control over races, etc., in the waters of Hong Kong. Control over water-skiing and speed of vessels. Control of fishing. Eleventh Schedule. Thirteenth Schedule. Control of bright light fishing. Eleventh Schedule. Notification and control of marine works. Form. Twelfth Schedule. Power to amend Schedules. L.N. 236/85. 7 L.N. 297/80. L.N. 237/85. L.N. 150/82. L.N. 29/85. L.N. 29/85. L.N. 29/85. L.N. 95/79. L.N. 95/79. 46 of 1981, s. 15. L.N. 98/79. L.N. 69/83. L.N. 118/83. L.N. 78/84. L.N. 127/85. (Cap. 104.)