PILOTAGE ORDINANCE

PILOTAGE ORDINANCE

LAWS OF HONG KONG

PILOTAGE ORDINANCE

CHAPTER 84





CHAPTER 84

PILOTAGE ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ...........................3
2. Interpretation ........................3

PART II

ESTABLISHMENT OF PILOTAGE AUTHORITY AND PILOTAGE
ADVISORY COMMITTEE

3. Establishment of the Pilotage Authority 4
4. Establishment of Pilotage Advisory Committee 4
5. Functions of the Committee ............5

PART III

ISSUE OF LICENCES, CLASSIFICATION OF PILOTS AND
PERIODIC EXAMINATION OF PILOTS

6. Application for licence ...............6
7. Examination of applicants .............6
8. Issue of licences, and classification of pilots 7
9. General provisions relating to licences 7
10. Re-examination of licensed pilots ....8

PART IIIA

COMPULSORY PILOTAGE

10A. Interpretation ......................8
IOB. Pilotage area .......................9
10C. Compulsory pilotage .................9
10D. Exemption from compulsory pilotage ..10
10E. Duty to report to Authority .........10
10F. Powers of the Authority .............11





Section..................................... Page

PARTIV

RESTRICTION ON PERFORMANCE OF PILOTAGE AND
PAYMENT
OF PILOTAGE DUES ETC.

11.............................Restrictions on pilotage 12

12............................Information and assistance to pilot .................................
12

13..................Pilotage dues to be paid for pilotage service 13

14. No payment other than prescribed pilotage dues to be made for pilotage

service ...............................13
15..................Licensed pilot to carry licence where on duty 13
16.................Accidents to ships under pilotage to be reported 13

PART V

DISCIPLINARY PROCEEDINGS AGAINST LICENSED
PILOTS

17. Complaints in respect of misconduct, etc. of licensed pilots 14
18. Preliminary inquiry ..................15
19. Cancellation or suspension of licence after inquiry by board of investigation 15
20. Appeal against cancellation or suspension of licence under section 19 is

PART VI

SUPPLEMENTARY AND
MISCELLANEOUS

21. Power of Governor in Council to make regulations 16
22. Power of Authority to make orders ....16
23. Exemption of Authority and Government from liability for pilot 17

24. Liability of owner or master in the case of a vessel under pilotage ................ 17
24A................................Liability of licensed pilot for neglect or want of skill ................ 17

25. Pilot to be notified of cancellation or suspension of licence, etc . 17

Schedule 1. Ships subject to compulsory pilotage ............................
18

Schedule 2. Pilot boarding stations .......18
Schedule 3. Specified anchorages ..........19

Schedule 4.....................Dockyards approach area 20





CHAPTER 84

PILOTAGE

To establish the Pilotage Authority, to regulate and control pilotage in Hong Kong
and to provide for matters connected therewith.

[20 October 19721 L.N. 215 of 1972

Originally 73of 1971- L.N. 259 of 1975,55 of 1982,80 of 1982,29 of 1985, R.Ed. 1985, L.N. 210
of 1986, L.N. 163 of 1987,42 of 1987, L.N. 76 of 1989

PART 1

PRELIMINARY

1. Short title

This Ordinance may be cited as the Pilotage Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'Authority' means the Pilotage Authority established under section 3;

'board of investigation' means a board of investigation appointed under section
19(1);

'Committee' means the Pilotage Advisory Committee established under section 4;

'junk', 'lorcha' and 'launch' have the meanings assigned to them by the Merchant
Shipping Ordinance (Cap. 28 1);

'licence' means a licence issued under section 8(1) or 26 and licensed pilotshall be
construed accordingly;

'pilot' means

(a)a person who controls, or is in charge of, the navigation of a ship of
which he is not the master; and

(b)when used as a verb, to control, or be in charge of, the navigation of
a ship;

'register' means the register of licensed pilots kept in accordance with section 8(4);

',ship' means any description of vessel used in navigation other than

(a) a vessel propelled by oars; and

(b)a junk, lorcha or launch, whether or not mechanically propelled;
(Amended 29 of 1985 s. 2)





'terminal operator- means the operator of wharf or terminal specified in the
First Schedule to the Pilotage Order (Cap. 84 sub. leg.); (Added 42 of
1987s.2)
'waters of Hong Kong' has the same meaning as it has in the Shipping and
Port Control Ordinance(Cap. 313). (Added29of 1985 s.2)

PART 11

ESTABLISHMENT OF PILOTAGE AUTHORITY AND
PILOTAGE
ADVISORY COMMITTEE

3. Establishment of the Pilotage Authority

(1) There is hereby established a Pilotage Authority.

(2) The Director of Marine shall be the Pilotage Authority.

(3) The Authority may-

(a)delegate any of his powers, functions and duties to any Deputy or
Assistant Director of Marine; and

(b)authorize in writing any officer of the Marine Department to exercise
such of the powers and perform such of the duties conferred or
imposed on the Authority by this Ordinance as the Authority may
specify.

4. Establishment of Pilotage Advisory Committee

(1) There is hereby established a committee to be known as the Pilotage
Advisory Committee.

(2) The Committee shall consist of-

(a) the Authority, who shall be the chairman; and

(b)the members specified in subsection (3), each of whom shall be
appointed by the Governor.

(3) The members of the Committee appointed by the Governor shall be(a) 2
representatives of the shipping industry in Hong Kong nominated
respectively by the Hong Kong General Chamber of Commerce and the
Hong Kong Liner Shipping Association; (Amended 42 of 1987s. 3)

(aa) a representative of terminal operators nominated by the Hong Kong
General Chamber of Commerce; (Added 42 of 1987s. 3)

(b)a representative of the dockyard industry nominated by the
Employers' Federation of Hong Kong;

(e)an officer of the Royal Navy nominated by the Captain in Charge in
Hong Kong and H.M.S. Tamar; (Amended L.N. 259 of 1975)





(d) the following persons nominated by the Authority---

(i) a master mariner who is a Commonwealth citizen holding a
Commonwealth certificate of competency as master (foreign-
going) and has had at least 2 years experience in command of
ships on long international voyages;

(ii) a master mariner who is a Commonwealth citizen holding a
Commonwealth certificate of competency as master (foreign-
going) and has had experience of berthing and unberthing
ships at wharves and piers in Hong Kong;

(iii) 2 licensed pilots; and

(iv)3 officers of the Marine Department, at least one of whom shall
have previous pilotage experience. (Replaced 42 of 1987s.3)

(4) The members of the Committee, other than those members who are public
officers, shall be appointed for a period of 2 years or for such lesser period as the
Governor may in any particular case determine and shall be eligible for
reappointment.

(5) Any member of the Committee who is not a public officer may at any time by
notice in writing to the Governor resign from the Committee.

(6) 7 members of the Committee shall form a quorum at any meeting of the
Committee. (Amended 42 of 1987 s. 3)

(7) The chairman of the Committee shall preside at all meetings of the
Committee:

Provided that, if the chairman is absent from any meeting or any part thereof, he
may nominate a member to preside in his absence as chairman at the meeting or part
thereof.

(8) The chairman of the Committee or any member presiding in his absence shall
have a vote on all matters coming before the Committee; and in the case of an
equality of votes he shall also have a casting vote.

(9) The Director of Marine shall appoint an officer of the Marine Department to
be the secretary of the Committee.

(10) The secretary of the Committee shall furnish to the Authority a record in
writing of every meeting of the Committee.

(11) Subject to the provisions of this Ordinance, the Authority may make rules
regulating the procedure at meetings of the Committee.

5. Functions of the Committee

(1) Without prejudice to any other provision of this Ordinance, the Authority
may seek the advice of the Committee on any matter which is connected with or
incidental to

(a) the exercise of his powers, or the performance of his duties, under

this Ordinance; or





(b) the general regulation or control of pilotage in Hong Kong.

(2) The Committee shall advise the Authority on any matter referred to it under
subsection (1).

PART 111

ISSUE OF LICENCES, CLASSIFICATION OF PILOTS
AND
PERIODIC EXAMINATION OF PILOTS

6. Application for licence

(1) Any person who

(a)is a Commonwealth citizen or has the permission of the Governor
under subsection (2); (Amended 80 of 1982 s. 2)

(b) has the prescribed qualifications; and

(c)unless he has the permission of the Authority under subsection (3),
has the prescribed experience,

may apply for a licence.

(2) The Governor may permit a person to apply for a licence notwithstanding
that he is not a Commonwealth citizen. (Amended 80 of 1982 s.2)

(3) The Authority may permit a person to apply for a licence notwithstanding
that he does not have the prescribed experience.

7. Examination of applicants

(1) Save as otherwise provided in this Ordinance, the Authority shall, on
application in the prescribed manner and on payment of the prescribed fee, cause an
applicant for a licence to be examined

(a)as to his competence to pilot ships, by a board of examiners
consisting of such members of the Committee as the Authority may
appoint;

(b)as to his physical and mental fitness, by a medical officer appointed
by the Director of Health; (Amended L.N. 76 of 1989)

(c)as to his eyesight, by an officer of the Marine Department appointed
by the Authority.

(1A) The Authority may exempt an applicant from the requirements of
subsection (1)(b) and (c) if

(a)the applicant has within the previous 12 months submitted himself to
a similar examination; and

(b) the Authority is satisfied as to the applicant's physical and

mental fitness and eyesight.(Added42of 1987s. 4)





(IB) The Director of Health may prescribe the fee payable under subsection
(1)(b) and (c). (Added42of 1987s. 4. Amended L.N. 76 of 1989)

(2) An applicant shall be required to attain such standards of competence to
pilot ships and of eyesight as may be determined by the Authority.

(3) The Committee shall notify the Authority of the results of an examination
under subsecton (1)(a).

8. Issue of licences, and classification of pilots

(1) The Authority may, if he is satisfied as to the competence, physical and
mental fitness and eyesight of an applicant who has been examined in accordance
with section 7, issue to him, on payment of the prescribed fee, a licence to act as a
pilot and shall specify in such licence the prescribed class of pilotage which in his
opinion the holder may undertake.

(2) If

(a)a licensed pilot has such experience, and has passed such
examination, as may be prescribed; and

(b)the Authority is satisfied that the licensed pilot is qualified to
undertake a prescribed class of pilotage higher than that specified in
his licence,

the Authority may amend the licence accordingly.

(3) Subject to any conditions of the licence, a licence shall entitle the holder
thereof to undertake the prescribed class of pilotage specified therein.

(4) The Authority shall maintain a register of licensed pilots, containing such
particulars as he thinks fit.

9. General provisions relating to licences

(1) A licence shall

(a) be in such form as the Authority may determine; and

(b)subject to this Ordinance, be valid until 31 December next following
the day on which it was issued.

(2) On

(a)application by a licensed pilot in the prescribed manner, not later than
14 days after the expiry of his licence; and

(b) payment of the prescribed fee, the Authority shall renew the licence
for one year with effect from its expiry.

(3) If a licence is lost, destroyed or defaced, the Authority may, on application
by the licensed pilot and payment of the prescribed fee, issue a copy of the licence.

(4) A licence relating to a pilot who has died shall be deposited forthwith with
the Authority by any person into whose possession it comes.





(5) Any person who contravenes subsection (4) shall be guilty of an offence
and shall be liable on conviction to a fine of $1,000.

10. Re-examination of licensed pilots

(1) A licensed pilot shall submit to an examination as to his physical and mental
fitness and his eyesight

(a) at least once in every 2 years; and

(b) at such other times as the Authority may require.

(2) An examination under subsection (1) as to the physical and mental fitness
of a licensed pilot shall be carried out by a medical officer appointed by the Director
of Health and as to the eyesight of a licensed pilot shall be carried out by an officer
of the Marine Department appointed by the Authority. (Amended L.N. 76 of 1989)

(3) The Director of Health may prescribe the fee payable for an examination
under subsection (1). (Replaced 42 of 1987 s. 5. Amended L.N. 76 of 1989)

(4) A licensed pilot who is required under subsection (1)(b) to submit to an
examination shall forthwith deposit his licence with the Authority.

(5) If

(a)a licensed pilot contravenes subsection (1)(a) or does not submit to
an examination in accordance with a requirement under subsection
(1)(b) within 14 days after he receives notice in writing of such
requirement; or

(b)the Authority is not satisfied as to the physical and mental fitness
and eyesight of a licensed pilot who has been examined in
accordance with this section,

the Authority may cancel the licence of the licensed pilot or suspend it for such
period as he thinks fit.

PART IIIA

COMPULSORY PILOTAGE

10A. Interpretation

In this Part, unless the context otherwise requires-

'compulsory pilotage' means compulsory pilotage of a ship as required by

section I0C(I);

'dynamically supported craft' has the same meaning as it has in the Shipping

and Port Control Ordinance (Cap. 313);

'exempted ship' means any ship referred to in section 10D(1) or exempted

under section 10D(2) or (3) or in respect of which a waiver of the

requirement of compulsory pilotage is made under section 10F(c) and (d);





'pilot boarding station' means an area of the waters of Hong Kong specified as

such in Schedule 2 or designated as such under section I0F(b);
'pilotage area' means the pilotage area referred to in section 1013;

'river trade limits' has the same meaning as it has in the Shipping and Port
Control Ordinance (Cap. 313);

'specified anchorage' means an area of the waters of Hong Kong specified as

such in Schedule 3; 'V.H.F.' means very high frequency.

10B. Pilotage area

The waters of Hong Kong shall be a pilotage area.

10C. Compulsory pilotage

(1) Subject to subsection (2), every ship specified in Schedule 1, other than an
exempted ship, while navigating in the pilotage area shall be under the pilotage of a
licensed pilot or pilots, whose number shall be determined by the Authority under
section 10E(3).

(2) A ship required to be under compulsory pilotage may navigate in the
pilotage area without a licensed pilot

(a)if it is on its inward voyage and its master has reported to the
Authority under section 10E(1), from the time it enters the pilotage
area to the time it arrives at a pilot boarding station or specified
anchorage, so long as it is directly proceeding to a pilot boarding
station or specified anchorage;

(b)if it is on its outward voyage under the pilotage of a licensed pilot,
from the time the licensed pilot disembarks to the time it leaves the
pilotage area, so long as it is directly leaving the pilotage area;

(c)if through stress of weather it is seeking shelter within the waters of
Hong Kong; or

(d)within the dockyards approach area specified in Schedule 4 for the
purpose of berthing, changing berths or docking at the dockyards on
the west of Tsing Yi Island.

(3) If a ship is not under pilotage as required by subsection (1), the master of
the ship commits an offence and is liable to a fine of $10,000 or double the amount of
the pilotage dues which would have been payable in respect of the ship if it had
been under pilotage, whichever is the greater.

(4) It shall be a defence in proceedings for an offence under subsection (3) to
prove that on the occasion to which the charge relates the ship was being navigated
in the pilotage area only so far as was necessary to avoid serious danger to the ship
or to any other ship or property.





(5) The Governor in Council may, by order published in the Gazette, amend
Schedule 1.

10D. Exemption from compulsory pilotage

(1) The following ships shall be exempted from compulsory pilotage

(a) ships belonging to Her Majesty;

(b) ships for the time being used by the Government;

(c)vessels to which Part IV other than section 25(1)(a) of the Shipping
and Port Control Ordinance (Cap. 313) applies.

(2) The following ships, whether individually or as a class, may be exempted
from compulsory pilotage by the Authority on application in writing to him

(a)vessels and dynamically supported craft engaged on ferry services
for the conveyance of passengers (whether or not goods are also
conveyed) between Hong Kong, Macau and Chinese ports within
river trade limits; and

(b) ships engaged in salvage or cable laying operations.

(3) The Authority may exempt a ship from compulsory pilotage if he is satisfied

(a) that no licensed pilot is available to pilot the ship; or

(b)that compliance with the requirement of compulsory pilotage is
unnecessary in the circumstances of the case.

(4) Notwithstanding subsections (1), (2) and (3), an exempted ship under this
section other than one referred to in subsection (2)(a) or to which Part IV of the
Shipping and Port Control Ordinance (Cap. 313) applies, shall be subject to
compulsory pilotage if it is a ship specified in item 5 of Schedule 1. (Amended 42 of
1987s. 6)

10E. Duty to report to Authority

(1) No ship to which compulsory pilotage applies and which is on its inward
voyage shall enter the pilotage area unless the master of the ship has in writing or
over a V.H.F. radiotelephone reported to the Authority--

(a) not less than 12 hours before such entry(i) the name and nationality of
the ship; (ii) the type and gross registered tonnage of the ship; (iii)
the overall length and the maximum draft of the ship; (iv) the
operational status of the machinery and steering equipment of the
ship;

(v) the requirement of pilotage services;

(vi)the estimated time of arrival at a pilot boarding station or
specified anchorage; and





(vii) any other information as may be required by the Authority; and

(b)not less than 4 hours before such entry, any change in or the
confirmation of the estimated time of arrival reported under paragraph
(a)(vi).

(2) Not less than 3 hours before a ship to which compulsory pilotage applies
proceeds to sea on its outward voyage or navigates within the pilotage area, the
master of the ship shall report in writing or over a V.H.F. radiotelephone to the
Authority

(a) the name and nationality of the ship;

(b) the type and gross registered tonnage of the ship;

(e) the overall length and the maximum draft of the ship;

(d)the operational status of the machinery and steering equipment of the
ship;

(e) the requirement of pilotage services;
the estimated time of departure on its outward voyage or
commencement of navigation within the pilotage area; and

(g) any other information as may be required by the Authority.

(3) The Authority, after considering a report under subsection (1) or (2), shall
determine the number of licensed pilots required to pilot the ship.

(4) A master who without reasonable excuse contravenes subsection (1) or (2)
commits an offence and is liable to a fine of $10,000.

10F. Powers of the Authority

The Authority---

(a) may by notice in the Gazette amend Schedules 2, 3 and 4;

(b)may designate over the V.H.F. radiotelephone or by any other means
of communication any area within the waters of Hong Kong, other
than that specified in Schedule 2, to be a pilot boarding station;

(c)may waive the requirement of compulsory pilotage in respect of a ship
navigating in the pilotage area if there exists any condition which in
the opinion of the Authority may cause danger to a licensed pilot; and

(d)immediately before, or during the continuance of, the hoisting of a
tropical cyclone warning signal, may by announcement made over the
V.H.F. radiotelephone or by any other means of communication waive
the requirement of compulsory pilotage in respect of ships navigating
in the pilotage area.

(Part IIIA added 29 of 1985 s.
3)





PART IV

RESTRICTION ON PERFORMANCE OF PILOTAGE AND
PAYMENT
OF PILOTAGE DUES ETC.

11. Restrictions on pilotage

(1) A person shall not pilot a ship unless he is a licensed pilot or the master of
the ship.

(2) A licensed pilot shall not pilot a ship unless his licence is of the appropriate
class.

(3) A person shall not engage or permit another person to pilot a ship unless
such other person is a licensed pilot whose licence is of the appropriate class or is
the master of the ship.

(4) A licence is of the appropriate class for the purposes of this section only if
there is specified therein such prescribed class of pilotage as entitles the licensed
pilot to undertake the pilotage which he undertakes in relation to the ship
concerned.

(5) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 1
year.

12. Information and assistance to pilot

(1) The master of a ship shall

(a)on request by a licensed pilot who is piloting the ship, inform him of
its draught of water, gross registered tonnage, length and beam, and
provide him with such other information relating to the ship or its
cargo as the pilot requires to enable him to carry out his duties as the
pilot of the ship;

(b)bring to the notice of every licensed pilot who is piloting the ship
any defects in, and any matter peculiar to, the ship and its machinery
and equipment of which the master knows and which might affect
materially the navigation of the ship; and

(c)render all reasonable assistance to the licensed pilot who is piloting
the ship.

(2) The master of a ship who

(a)refuses to comply with a request made to him pursuant to subsection
(1)(a);

(b)makes a statement which he knows is false, or recklessly makes a
statement which is false, in response to such a request or is privy to
the making by another person in response to such a request of a
statement which the master knows is false; or





(c)fails without reasonable excuse to perform any duty imposed on him
by subsection (1)(b) or (c),

commits an offence and is liable to a fine of $10,000 and to imprisonment for 1 year.

(Replaced 29 of 1985 s. 4)

13. Pilotage dues to he paid for pilotage service

(1) The prescribed pilotage dues shall be paid for any pilotage service rendered
by a licensed pilot.

(2) The master of the ship and the person who engaged the licensed pilot shall
be liable for the payment of the prescribed pilotage dues.

(3) The Director of Marine may refuse to grant clearance to a ship until all
pilotage dues payable in respect of pilotage services rendered for that ship have
been paid.

14. No payment other than prescribed pilotage

dues to he made for pilotage service

(1) No person shall demand or receive any fee or other payment for any
pilotage service other than the prescribed pilotage dues.

(2) No person shall pay or offer to pay to any licensed pilot or other person any
fee or other payment for any pilotage service other than the prescribed pilotage
dues.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 1
year.

15. Licensed pilot to carry licence where on duty

(1) A licensed pilot shall

(a)keep his licence in his possession at all times when he is acting as a
pilot; and

(b)produce it for inspection whenever he is required to do so by the
Authority, any officer of the Marine Department not below the rank of
marine officer or any person who has engaged, or intends to engage,
him to pilot a ship. (Amended 29 of 1985 s. 5)

(2) A licensed pilot who fails or refuses without reasonable excuse to produce
his licence when required to do so under subsection (1)(b) commits an offence and
is liable to a fine of $5,000. (Added29of 1985 s.5)

16. Accidents to ships under pilotage to he reported

(1) A licensed pilot shall, when an accident occurs while a ship is being piloted
by him, report the accident to the Authority, orally forthwith and in writing within 24
hours.





(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $2,000.

PART V

DISCIPLINARY PROCEEDINGS AGAINST LICENSED
PILOTS

17. Complaints in respect of misconduct,

etc. of licensed pilots

(1) Any person who has reasonable grounds for believing that a licensed pilot

(a) has been guilty of misconduct as a pilot;

(b)has otherwise failed in, or neglected without reasonable excuse, his
duties as a pilot; or

(c) is otherwise not a fit and proper person to act as a pilot, may report the
matter in writing to the Authority.

(2) The Authority may refuse to take any action on a report under subsection
(1)(a) or (b) unless it is made in writing within a reasonable time after the occurrence
of the matter to which it relates.

(3) For the purposes of this Ordinance, any licensed pilot who

(a)without reasonable excuse, refuses to pilot a ship if he is engaged to
do so, or is directed to do so by the Authority;

(b)without reasonable excuse, delays in piloting a ship which he is
engaged to pilot;

(c)refuses to navigate a ship, which he is piloting, to any port or place
within the waters of Hong Kong when directed to do so by the
Authority, or requested to do so by the master or owner of the ship,
unless he has reasonable grounds for believing that to do so would
endanger the ship; (Amended 29 of 1985 s.6)

(d) leaves a ship which he is piloting-

(i) without the consent of the master of the ship before completing
the pilotage service for which he was engaged; or (ii) if he is
piloting the ship on the direction of the Authority, without the
consent of the Authority;

(e) pilots a ship when he is under the influence of alcohol or drugs;

(f) pilots a ship while his licence is suspended;

(g)gives his licence to any other person for such other person's use,
whether on loan or otherwise; or

(h)unnecessarily cuts or slips, or causes to be cut or slipped, any cable
which forms part of the equipment of any ship,

shall be guilty of misconduct as a pilot.





18. Preliminary inquiry

The Authority may appoint an officer of the Marine Department to hold a
preliminary inquiry in the prescribed manner into-
(a) any matter reported to the Authority under section 17(1); or
(b)any accident which occurs while a ship is being piloted by a
licensed pilot.

19. Cancellation or suspension of licence after
inquiry by board of investigation

(1) If, on consideration of-
(a)the report of the officer who held a preliminary inquiry under
section 18; or
(b)the report made after a preliminary inquiry under section 51 of
the Merchant Shipping Ordinance(Cap. 28 1),
the Authority considers that-
(i) any matter reported to the Authority under section 17(1); or
(ii) any accident which occurred while a ship was being piloted by a
licensed pilot,
should be further investigated, the Authority shall appoint a board of
investigation in accordance with this Ordinance.
(2) If, after due inquiry, a board of investigation is satisfied that a licensed
pilot-
(a) has been guilty of misconduct as a pilot;
(b)has other-wise failed in, or neglected without reasonable excuse,
his duties as a pilot; or
(c) is otherwise not a fit and proper person to be a licensed pilot,
the board shall recommend to the Authority that the licence of that licensed
pilot be cancelled or suspended, and the Authority may, on consideration of the
recommendation of the board, cancel the licence or suspend the same for such
period as he thinks fit.

20. Appeal against cancellation or suspension
of licence under section 19

(1) A licensed pilot whose licence has been cancelled or suspended by
the Authority under section 19(2) may appeal against the cancellation or
suspension to a judge by lodging notice in writing with the Registrar of the
Supreme Court within 14 days after he was notified of the cancellation or
suspension.
(2) On an appeal under subsection (1), the judge may confirm, reverse or
vary the decision of the Authority or may make such other order as he thinks
fit, including an order that the case be referred for further consideration by the
board of investigation.





(3) The Chief Justice may make rules regulating the practice and
procedure on any such appeal.
(4) Subject to any rules made under subsection (3), the practice and
procedure on any such appeal shall be such as the judge may determine.

PART VI

SUPPLEMENTARY AND MISCELLANEOUS

21. Power of Governor in Council to make regulations

The Governor in Council may make regulations providing for all or any of
the following matters-
(a) the conduct and duties of licensed pilots;
(b) empowering the Authority to give directions to licensed pilots;
(e)the general supervision of pilotage and pilots in Hong Kong by
the Authority;
(d) the registration of apprentice pilots;
(e)the manner in which applications for licences and the renewal
thereof shall be made;
the powers of an officer holding a preliminary inquiry under
section 18 and the procedure on any such inquiry;
(g) the composition of boards of investigation;
(h)the powers of boards of investigation and the procedure on an
investigation by a board of investigation;
(i) anything which is to be or may be prescribed;
(j) the better carrying out of this Ordinance.

22. Power of Authority to make orders

The Authority may, after consultation with the Committee, by order
published in the Gazette provide for-
(a) the amount of pilotage dues;
(b)the fees and expenses payable to, and the maintenance of,
licensed pilots carried outside Hong Kong;
(c)the registration of apprentice pilots and the qualifications and
experience of applicants for registration;
(d)the remuneration of apprentice pilots and liability for payment
thereof,
(e) the training and examination of apprentice pilots;
(f) requiring apprentice pilots to keep a record of training;
(g) the qualifications and experience of applicants for a licence;
(h) the classes of pilotage;





(i) the training and examination for each class of pilotage;
(j) standards of competency for each class of pilotage;
(k) the pilotage services which may be carried out by each class of
pilotage.

23. Exemption of Authority and Government
from liability for pilot

Neither the Authority nor the Government shall be liable for any death,
injury, loss or damage caused by or arising out of any act or omission of a
licensed pilot.

24. Liability of owner or master in the
case of a vessel under pilotage

The owner or master of a vessel navigating under circumstances in which
pilotage is compulsory shall be answerable for any loss or damage caused by the
vessel or by any fault of the navigation of the vessel in the same manner as he
would if pilotage were not compulsory.

24A. Liability of licensed pilot for neglect or want of skill

A licensed pilot shall not be liable in damages for neglect or want of skill
on his part while piloting a ship for any amount exceeding in the aggregate the
sum of $1,000 and the amount of pilotage dues payable in respect of pilotage
services rendered by him for that ship.
(Added 55 of 1982 s. 2)

25. Pilot to he notified of cancellation
or suspension of licence, etc.

(1) If the licence of a licensed pilot is cancelled or suspended, the
Authority shall-
(a) inform the pilot thereof in writing; and
(b) record the cancellation or suspension in the register.
(2) A pilot whose licence is cancelled or suspended shall deposit his
licence with the Authority within 3 days after he is notified of the cancellation
or suspension under subsection (1)(a), unless the licence has been so deposited
in accordance with section 10(4).
(3) Any person who contravenes subsection (2) shall be guilty of an
offence and shall be liable on conviction to a fine of $1,000.





SCHEDULE 1 [ss. 10C & 10D]

SHIPS SUBJECT TO COMPULSORY
PILOTAGE

1. A ship of 5 000 gross registered tonnage or over.

2.A ship of 1000 gross registered tonnage or over but under 5 000 gross registered tonnage

proceeding to or from any wharf specified in Part 1 of the First Schedule, and any container
terminal specified in the Third Schedule, to the Dangerous Goods (Shipping) Regulations
(Cap. 295 sub. leg.).

3. A ship of 1000 gross registered tonnage or over carrying dangerous goods specified in

Categories 1, 2 and 5 in the Schedule to the Dangerous Goods (Classification) Regulations
(Cap. 295 sub. leg.).

4.A ship of 1000 gross registered tonnage or over but under 5 000 gross registered tonnage

proceeding to or from a Government mooring buoy.

5. A ship of 300 gross registered tonnage or over which

(a)is, for any reason, unable to proceed under its own power, manoeuvre with its own
steering gear, or work with its own anchors;

(b)has any part of the hull structure removed, or under repair, which may affect the water-
tight integrity of the ship; or

(c)is at risk of causing injury to persons or damage to property, any other ship or the
environment by virtue of the condition of the ship or the nature or condition of its
cargo.

(Added29 of 1985 s. 7; Amended L.N. 163 of
1987)

SCHEDULE 2 [ss. I OA &

PILOT BOARDING STATIONS

Description Location

1. Area at the northern end of the traffic separation latitude 229 16' 00' north,
scheme in the East Lamma Channel specified in the longitude 1141 06' 36' east.
Second Schedule to the Shipping and Port Control
Regulations (Cap. 313 sub. leg.)
2. Area off the turning buoy in the Tathong Channel latitude 220 16' 00' north,
longitude 114' 15' 40' east.
3. Area off Lam Kok Tsui (Black Point) in Urmston latitude 220 23' 30' north,

Road longitude 113' 53' 3T east.
4. Area off the entrance to Tolo Channel latitude 220 29' W north,
longitude 1140 19' 42' east.

(Added L.N. 210 of 1986. Amended L.N. 224 of 1986)
(Added29 of 1985 s. 7)





SCHEDULE 3 [ss. 10A & 1 OF]

SPECIFIED ANCHORAGES

1. Urmston Road Anchorage

The area of the waters of Hong Kong bounded by straight lines joining the following
positions

(i) latitude 22` 25' 00' north,
longitude 113' 52' 30' cast;
(ii) latitude 22' 25' 00' north,
longitude 113' 53' 00` east;
(iii) latitude 22' 23' 48' north,
longitude 113' 53' 18' east;
(iv) latitude 22' 23' 48' north,
longitude 113' 52' W cast.

2. South-east Lamma Anchorage

The area of the waters of Hong Kong bounded by straight lines joining the following
positions

(i) latitude 221 10' 24' north,
longitude 114' 10' 00'\ cast;
(ii) latitude 22` 09' 30` north,
longitude 114' 10' 00' cast;
(iii) latitude 22' 09' 30' north,
longitude 114' 09' 00' east;
(iv) latitude 22' 10' 24' north,
longitude 114' 09' 00' east.

3. South Lamma Dangerous Goods Anchorage

The area of the waters of Hong Kong bounded by straight lines joining the following
positions

(i) latitude 221 10' 24' north,
longitude 114' 08' 48' cast;
(ii) latitude 22' 09' 30' north,
longitude 114' 08' 48' east;
(iii) latitude 22' 09' 30' north,
longitude 114' 08' 00' east;
(iv) latitude 220 10 24' north,
longitude 114` 08 00' cast.

4. South-west Lamma Anchorage

The area of the waters of Hong Kong bounded by straight fines joining the following
positions

(i) latitude 22* 10' 24' north,
longitude 114' 07' W cast;
(ii) latitude 22' 09' 30' north,
longitude 114' 07' 48' east;
(iii) latitude 22' 09' 30' north,
longitude 1140 07' 00' cast;
(iv) latitude 22' 10' 24' north,
longitude 114' 07' 00' east.





5. Junk Bay Dangerous Goods Anchorage

The area of the waters of Hong Kong bounded by straight fines joining the following
positions

(i) latitude 221 17' 33' north,
longitude 114' 15' 00' east;
(ii) latitude 22' 17' 33' north,
longitude 114` 15' 21' cast;
(iii) latitude 22` 17' 12' north,
longitude 1141 15' 21' east;
(iv) latitude 22' 17' 12' north,

longitude 114' 15' 00'east.

6. Mirs Bay Dangerous Goods Anchorage

The area of the waters of Hong Kong bounded by straight lines joining the following
positions

(i) latitude 22' 32' 18' north,
longitude 114* 22' 00' cast;
(ii) latitude 22* 32' 18' north,
longitude 114' 23' 00' east;
(iii) latitude 22* 31' 18' north,
longitude 114' 23' 00' east;
(iv) latitude 22' 31' 18' north,
longitude 114' 22' 00'east. (Added L.N. 210 of 1986)
(Added29 of 1985 s. 7)

SCHEDULE 4 [ss. 10C& I0F]

DOCKYARDS APPROACH
AREA

The waters of Hong Kong bounded by the coast of Tsing Yi Island and straight lines joining
the following positions

(i) latitude 22' 21' 09' north,
longitude 114' 04' 43' east;
(ii) latitude 22' 21' 09' north,
longitude 114' 04' 00' cast;
(iii) latitude 22' 19' 42' north,
longitude 1141 04' 00' east;
(iv) latitude 22' 19' 42' north,
longitude 114' 05' 24' cast.

(Added29 of 1985 s. 7)

https://oelawhk.lib.hku.hk/items/show/2396

1964

v7

84

21