MERCHANT SHIPPING (PLEASURE VESSELS) REGULATIONS

MERCHANT SHIPPING (PLEASURE VESSELS) REGULATIONS

MERCHANT SHIPPING (PLEASURE VESSELS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................... Page

1.........Citation .......................... ... ... ... ... ... ... ... ... S2
2.........Interpretation .................... ... ... ... ... ... ... ... ... ... S2

3.................Licensing of pleasure vessels ... ... ... ... ... ... ... ... ... ... S3

3A.............Renewal of licences ........... ... ... ... ... ... ... ... ... ... ... S4

3B. Power to suspend or cancel licences ... ... ... 1 . ... ... ... ... S4

3C...............Display of licence discs .... ... ... ... ... ... ... ... ... ... ... S5

4....................Record of registered particulars ... ... ... ... ... ... ... ... ... S5

5.........Offences .......................... ... ... ... ... ... ... ... ... S5

5A........................Seizure, removal and detention of vessels ... ... ... ... ... ... ... S6

6.............................Transfer of ownership or charter of pleasure vessels ... ... ... ... . S6

7. Holders of certificates of competency on vessels under way ... ... ... ... S7

8.........[Revoked] ......................... ... ... ... ... ... ... ... ... S 8

9...............................Production of certificates of competency for inspection ... ... ... ... S 8

10...............Cancellation of licence ..... ... ... ... ... ... ... ... ... ... ... S 8

11.........................................Life-saving appliances and fire-fighting apparatuses to be carried on board S 9

12......................Director to be notified of any accident ... ... ... ... ... ... ... ... S 9

13.............................Exemption from international collision regulations ... ... ... ... ... S 9

14..................Directions by the Director ... ... ... ... ... ... 1 . ... ... S 9

15..................Mooring of pleasure vessels ... ... ... ... ... ... ... ... ... ... S 10

16.........[Revoked] ......................... ... ... ... ... ... ... ... ... S 10

17....................Unlawful use of pleasure vessels ... ... ... ... ... ... ... ... ... S 11

18. Objection to Director's decisions ... ... ... ... ... ... ... ... ... ... S 11

19.........................................Power to exempt S 11





MERCHANT SHIPPING (PLEASURE VESSELS)
REGULATIONS

(Cap. 281, sections 97 and 105)*

[1 April 1970.1

1. These regulations may be cited as the Merchant Shipping
(Pleasure Vessels) Regulations.

2. (1) In these regulations, unless the context otherwise requires

'licence' means a licence issued under regulation 3;

'licensed owner' means the person whose name is endorsed on the
licence of a pleasure vessel as the licensed owner of the pleasure
vessel under regulation 3(3);

'pleasure vessel' means any launch, yacht, inflatable vessel, junk,
lorcha or other vessel that

(a)has an engine installed in it or carried on it, or is designed to
have an engine installed in it or carried on it, whereby the
vessel may be propelled by mechanical means;

(b) is possessed or used exclusively for pleasure purposes; and

(c)is not let for hire or reward other than under the terms of a
charter agreement or hire-purchase agreement,

but does not include any launch, yacht, inflatable vessel, junk,
lorcha or other vessel that has never been launched;

'prescribed fee' means the fee prescribed in the Merchant Shipping
(Fees) Regulations.

(2) For the purposes of these regulations-

(a) any person who-

(i) is the sole, joint or part owner of a pleasure vessel which
is not subject to the terms of a hire-purchase agreement, bill
of sale or other similar instrument;

(ii) is the hirer under, and is entitled to possession of a
pleasure vessel which is subject to the terms of, a
hirepurchase agreement; or

(iii) is a party to, and is entitled to possession of a pleasure
vessel which is subject to the terms of, a bill of sale or other
similar instrument,

shall be deemed to be the owner of the pleasure vessel; and

These regulations are deemed to have been made under section 33 of the
Shipping and Port Control Ordinance (Cap. 313)-see s. 35(1) thereof.





(b) any person who-
(i) is the owner of a pleasure vessel which is subject to
the terms of a hire-purchase agreement, bill of sale or other
similar instrument but who is not entitled to possession of
the pleasure vessel; or
(ii) has possession or control of a pleasure vessel under
the terms of a charter agreement,

shall be deemed not to be the owner of the pleasure vessel.

3. (1) An application for a licence in respect of a pleasure
vessel shall be made-

(a)where the pleasure vessel is owned by an individual who is
the sole owner, by that individual;

(b)where the pleasure vessel is owned by 2 or more persons at
least one of whom is an individual, by that individual or,
if more than one of the owners are individuals, by one of
such individuals who. is nominated by the other owners for
that purpose;

(c)where the pleasure vessel is owned solely by a company, by
an individual who is nominated by the company for that
purpose.

(2) An application made under paragraph (1) shall be submit-
ted to the Director on a form specified by him and shall contain-

(a) the name and address of the owner or owners;

(b)particulars of the pleasure vessel and of any other pleasure
vessel attached to or carried on it to which paragraph (8)
applies; and

(c)such other particulars of the vessel and of the owner or
owners thereof as the Director may from time to time
require to be furnished to him.

(3) On receipt of an application under this regulation and on
payment of the prescribed fee, the Director may issue a licence,
licence disc and licence number in respect of the pleasure vessel for
which the application is made and shall endorse on the licence the
name of the applicant as the licensed owner of the pleasure vessel.

(4) A licence shall be valid for such period, not exceeding 12
months, as shall be specified by the Director in the licence and shall
be subject to such conditions as the Director thinks fit; and such
conditions shall be endorsed on the licence.

(5) The form of a licence and of a licence disc shall be
determined from time to time by the Director.

(6) The Director may endorse on a licence a condition that the
pleasure vessel and any other pleasure vessel which, under para-
graph (8), is included in the licence for the pleasure vessel-





(a)shall not carry at any one time more persons than the number
endorsed on the licence (and, where another vessel is
included in the licence for a pleasure vessel, a different
number may be endorsed on the licence in respect of each
vessel);

(b) shall not be used at any time between sunset and sunrise.

(7) The Director shall endorse on a licence disc issued in respect
of a pleasure vessel under paragraph (3) or regulation 3A the licence
number of the vessel, the date of expiry of the licence and such other
particulars as the Director thinks fit.

(8) Where a pleasure vessel for which a licence is being applied
for, referred to in this paragraph as 'the parent pleasure vessel', has
attached to or carried on it another pleasure vessel not exceeding 4
metres in length and having an engine not exceeding 7.5 kilowatts, the
Director may, if he considers it reasonable to do so, include such other
pleasure vessel in the licence for the parent pleasure vessel and such
other pleasure vessel shall, so long as it is attached to or carried on the
parent pleasure vessel when not in use or used in conjunction with the
parent pleasure vessel, be deemed to be licensed together with the
parent pleasure vessel.

(9) The licensed owner of a pleasure vessel shall cause the licence
number issued to the pleasure vessel under paragraph (3) to be painted
and maintained, or otherwise permanently affixed, as near as practicable
amidships on each side of

(a) the pleasure vessel; and

(b)any other pleasure vessel which, under paragraph (8), is
included in the same licence,

the colour of which clearly contrasts with the colour of the
surface on which they are painted or affixed;

(ii) each of which shall be not less than 300 millimetres in height
and, except in the case of the figure 1 not less than 170
millimetres in width; and

(iii) marked in lines which are not less than 40 millimetres broad at
any point.

(10) A licensed owner who fails to comply with paragraph (9) shall
be guilty of an offence and shall be liable on conviction to a fine of
$5,000.

3A. The Director may, on payment of the prescribed fee, renew a
licence for such period, not exceeding 12 months, as he may specify;
and where the Director has renewed a licence he shall issue to the
licensed owner a new licence disc.

3B. The Director may suspend or cancel a licence for any breach of
a condition of the licence or of any of these regulations.





3C. (1) The licensed owner shall display at all times in a
conspicuous position on his pleasure vessel (other than a pleasure
vessel ordinarily attached to or carried on it to which regulation 3(8)
applies) the current licence disc issued under regulation 3(3) or 3A in
respect of the vessel.

(2) A licensed owner who fails to comply with paragraph (1) shall
be guilty of an offence and shall be liable on conviction to a fine of
$2,000.

(3) A licensed owner who displays on his pleasure vessel a licence
disc

(a) which has expired or is not valid for any other reason; or

(b) on which the figures or other particulars are not legible,

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000.

4. (1) The Director shall record in a register such particulars of
every licensed pleasure vessel and of the owner or owners thereof as
are submitted to him under regulation 3(2).

(2) The licensed owner of a pleasure vessel shall notify the
Director in writing of any change of address or other particulars
recorded on the register within 72 hours after the change thereof.

(3) A licensed owner who contravenes paragraph (2) commits an
offence and is liable

(a)where the contravention relates to a change of address, to a
fine of $5,000; or

(b)where the contravention relates to any other particulars, to a
fine of $2,000.

5. (1) No person shall-

(a) possess a pleasure vessel; or

(b) use a pleasure vessel in the waters of Hong Kong,

unless there is a valid licence in respect of the vessel.

(2) Any person who contravenes paragraph (1) and, if such person
is not the owner of the pleasure vessel, the owner shall each be guilty
of an offence and shall be liable on conviction to a fine of $20,000 and
to imprisonment for 1 year.

(3) Without prejudice to regulation 3B where a breach of any
condition of a licence of a pleasure vessel is committed the person in
charge of the pleasure vessel and, if such person is not the licensed
owner of the pleasure vessel, the licensed owner shall each be guilty of
an offence and shall be liable on conviction to a fine of $5,000.





SA. (1) An authorized officer may seize and remove or cause to be
removed from any place or premises or from any part of the waters of
Hong Kong any pleasure vessel which he has reason to believe is or
has been possessed or used in contravention of regulation 5(1).

(2) A pleasure vessel removed under paragraph (1) may be
detained by the Director until either

(a)the pleasure vessel is licensed and there is paid to the
Director a removal charge of $200 and a storage charge of $50
for every day after the second day during which the pleasure
vessel is detained; or

(b)the pleasure vessel is released by order of a court or
magistrate under paragraph (3).

(3) Where a pleasure vessel is detained under this regulation and
proceedings have been taken in respect of the suspected contravention
by reason of which the pleasure vessel was removed, the court or
magistrate in such proceedings may order that the pleasure vessel be
released and in such order may require that the vessel be licensed and
that the appropriate removal and storage charges be paid to the
Director before the pleasure vessel is released or, where removal and
storage charges have been paid, require the Director to refund the
same.

(4) Where a pleasure vessel is detained under this regulation the
Director with all reasonable dispatch shall give notice in writing of the
detention, to the owner if the name and address of such owner is known
to him, or if the name or address of the owner is not known to him, by
publication of the notice in the Gazette, and if such pleasure vessel is
not claimed by the owner within 3 months of the date of the notice the
Director thereafter may sell by public auction or otherwise dispose of
such pleasure vessel and the proceeds, if any, of such sale or disposal,
after deduction of any licence fees or charges due or incurred under the
Ordinance or these regulations, shall be paid into the general revenue of
Hong Kong at the expiry of 12 months from the date of such sale or
disposal if not previously claimed by the owner of the pleasure vessel.

(5) For the purposes of this regulation the expression pleasure
vessel' includes

(a) the fittings, equipment and contents on board; and

(b) any trailer or other device whereby the vessel is transported.

6. (1) Where-

(a)the full ownership of a licensed pleasure vessel is transferred
to any other person; or

(b) a licensed pleasure vessel is chartered to any person,





the licensed owner shall, within 72 hours after the transfer or the
charter agreement is entered into, notify the Director in writing of
the name and address of the new owner or of the charterer of the
vessel.

(2) Where a joint or part owner of a licensed pleasure vessel
transfers his interest in the pleasure vessel to any other person, such
joint or part owner shall, within 72 hours after the transfer, notify
the Director in writing of the name and address of the new joint or
part owner and the Director shall make the necessary alterations in
the register maintained under regulation 4.

(3) Where the full ownership of a pleasure vessel in respect of
which there is a current licence is transferred, the current licence of
the pleasure vessel shall be transferred to the new owner until its
expiry; and the new owner shall, within 72 hours after the transfer,
produce the licence to the Director who shall-

(a)on payment of the prescribed fee, endorse on the licence
the name of the licensed owner and, for the purpose
of ascertaining the name of the licensed owner, regula-
tion 3(1) shall apply as if the reference in that regulation
to an application for a licence included a reference to the
production of a licence under this paragraph; and

(b)make the necessary alterations in the register maintained
under regulation 4.

(4) A licensed owner who contravenes paragraph (1), or a
joint or part owner who contravenes paragraph (2), or a new owner
who contravenes paragraph (3) shall be guilty of an offence and
shall be liable on conviction to a fine of 55,000.

7. (1) No pleasure vessel of more than 3 m in length or fitted
with an engine of more than 3 kW total power shall be under way in
the waters of Hong Kong unless there is on board-

(a)a person holding a valid and appropriate local certificate of
competency as master of a pleasure vessel or an equivalent
local or other certificate of competency; and

(b)a person holding a valid and appropriate local certificate of
competency as engineer of a pleasure vessel or an equiva-
lent local or other certificate of competency.

(2) Where there is on board a pleasure vessel which is under
way in the waters of Hong Kong a person who holds valid and
appropriate local certificates of competency both as master and as
engineer of a pleasure vessel or equivalent local or other certificates
of competency, paragraph (1) shall be deemed to be complied with.

(2A) No pleasure vessel which is 3 m in length or less and is
fitted with an engine of not more than 3 kW in power shall be under
way in the waters of Hong Kong unless the person in charge thereof
is not less than 16 years of age.





(3) Where paragraph (1) or (2A) is contravened-

(a) the person in charge of the pleasure vessel; and

(b)if such person is not, in the case of a licensed pleasure vessel,
the licensed owner of the pleasure vessel, the licensed owner;
or

(c)if such person is not, in the case of an unlicensed pleasure
vessel, the owner of the pleasure vessel, the owner,

shall each be guilty of an ofrence and shall be liable on conviction to a
fine of $10,000.

(4) In this regulation 'equivalent' means recognized as equivalent
by rules made under Part IV of the Ordinance.

8. [Revoked, L.N. 1871861

9. (1) [Deleted, L.N. 187/86]
(2) The holder of a local certificate of competency shall, on being
so required by any officer, or class of officer, of the Marine Department
so authorized by the Director or by any police officer, produce his local
certificate of competency to such officer for inspection.

(3) A holder of a local certificate of competency who is unable to
produce his certificate for inspection when required to do so under
paragraph (2), shall tender it for inspection by an officer of the Marine
Department at any Marine Licensing Office within 72 hours thereafter.

(4) Any person who contravenes paragraph (3) shall be guilty of
an offence and shall be liable on conviction to a fine of $1,000.

10. (1) if-

(a)the licensed owner of a pleasure vessel uses the vessel, or
permits it to be used, other than as a pleasure vessel; or

(b) a licensed pleasure vessel-

(i) is wrecked or destroyed; or

(ii) is removed permanently from Hong Kong,

the licensed owner shall notify the Director in writing of such use or
occurrence within 7 days after such use or occurrence.

(2) When notifying the Director under paragraph (1) the licensed
owner of a pleasure vessel shall submit to the Director the licence
issued in respect of the vessel.

(3) On receipt of notification under paragraph (1) the Director shall
cancel the licence issued in respect of the pleasure vessel.

(4) A licensed owner who contravenes paragraph (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of $5,000.





11. (1) Every pleasure vessel shall have on board such number and
type of life-saving appliances and fire-fighting apparatus as the
Director shall specify in the vessel's licence.

(2) Every such life-saving appliance and fire-fighting apparatus
shall be suitable for use in the pleasure vessel in which they are carried
and shall be maintained at all times in efficient working order.

(3) No pleasure vessel shall have on board a fire-fighting
apparatus containing an extinguishing medium which, at any time,
whether or not in use, emits gases harmful to human beings.

(4) Where this regulation is contravened-

(a) the person in charge of the pleasure vessel; and

(b)if such person is not, in the case of a licensed pleasure vessel,
the licensed owner of the pleasure vessel, the licensed owner;
or

(c) if such person is not, in the case of an unlicensed pleasure

1 vessel, the owner of the pleasure vessel, the owner,

shall each be guilty of an offence and shall be liable on conviction to a
fine of $10,000.

12. (1) Where, as the result of an accident involving a pleasure
vessel, any damage is sustained by any vessel or any injury is suffered
by any person, the person for the time being in charge of a pleasure
vessel which is involved in the accident shall, within 48 hours after the
accident, supply the Director with full particulars of the damage
sustained by any vessel and the injury suffered by any person.

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

13. The Director may exempt in writing any pleasure vessel from all
or any of the requirements in the international collision regulations
relating to the carriage and display of lights.

14. (1) The Director may-

(a)require any pleasure vessel to be anchored, secured or moored
at any place;

vessel to the Director for inspection;

(b)prohibit any pleasure vessel from being anchored, secured or
moored at any place; or

(c) require any pleasure vessel to be moved from any place in
the waters of Hong Kong to any other such place.





(2) Any person who fails to comply with any requirement or
prohibition imposed by the Director under this regulation shall be
guilty of an offence and shall be liable on conviction to a fine of
$5,000.

15. (1) The Director may by notice published in the Gazette
specify mooring areas in the waters of Hong Kong for use for the
mooring of pleasure vessels.

(2) No pleasure vessel shall, when not in use, be moored,
anchored or otherwise secured in the waters of Hong Kong except in
a specified mooring area or in any place required by the Director
under regulation 14(1).

(3) All moorings in a specified mooring area shall be kept and
maintained in good condition and in the correct position by the
owners thereof at their own expense, and the Director may inspect
such moorings and require repairs or the relaying or removal
thereof.

(4) The appropriate fee prescribed in the Merchant Shipping
(Fees) Regulations shall be paid to the Director in respect of all
moorings in a specified mooring area.

(5) All moorings in a specified mooring area shall be laid in
accordance with the directions of the Director.

(6) No mooring shall be laid in the waters of Hong Kong
outside the specified mooring areas without the approval of the
Director.

(7) In the event of the contravention of paragraph (2) the
licensed owner of the pleasure vessel, or the owner of an unlicensed
pleasure vessel, concerned shall be guilty of an offence and shall be
liable on conviction to a fine of $1,000.

(7A) Any owner of a mooring in a specified mooring area
who-

(a) fails to keep and maintain that mooring in good condition;

(b)fails to keep and maintain that mooring in the correct
position; or

(e)fails to comply with a direction of the Director as to repairs
of the mooring or the laying, relaying or removal thereof,

shall be guilty of an offence and shall be liable on conviction to a fine
of $5,000.

(8) Any person who contravenes paragraph (6) shall be guilty
of an offence and shall be liable on conviction to a fine of $5,000.

16. [Revoked, L.N. 551781





17. Any person who uses a pleasure vessel without the consent
of the licensed owner of the vessel shall, without prejudice to the
provisions of any other law, be guilty of an offence a -rid shall be liable
on conviction to a fine of $20,000 and to imprisonment for 1 year.

18. (1) Any person aggrieved by a decision, act or omission of the
Director or an authorized officer made or done in the exercise of any
powers or the performance of any duties under these regulations may,
within 14 days after the date when he was informed of the decision,
act or omission or when the decision, act or omission became known to
him (whichever is the later), or within such further period as the Chief
Secretary may allow in any particular case, by notice in writing lodge an
objection to the decision, act or omission with the Chief Secretary.

(2) On consideration of an objection lodged in accordance with
paragraph (1), the Chief Secretary may confirm, vary or reverse the
decision, act or omission of the Director or authorized officer or
substitute therefor such other decision or make such other order as he
thinks fit.

19. The Director may, subject to such conditions as he thinks fit to
impose, exempt any pleasure vessel from any requirement in or under
these regulations where he is satisfied that such requirement has been
substantially complied with or that compliance therewith is
unnecessary having regard to the circumstances.
L.N. 12/70. L.N. 140/70. L.N. 257/74. L.N. 55/78. L.N. 219/81. L.N. 287/81. L.N. 294/85. L.N. 187/86. Citation. Interpretation. L.N. 55/78. L.N. 219/81. (Cap. 281, sub. leg.) Licensing of pleasure vessels. L.N. 55/78. L.N. 219/81. L.N. 294/85. L.N. 287/81. L.N. 219/81. Renewal of licences. L.N. 140/70. L.N. 55/78. Power to suspend or cancel licences. L.N. 55/78. Display of licence discs. L.N. 55/78. L.N. 219/81. Record of registered particulars. L.N. 55/78. L.N. 219/81. Offences.. L.N. 55/78. L.N. 219/81. Seizure, removal and detention of vessels. L.N. 219/81. Transfer of ownership or charter of pleasure vessels, L.N. 55/78. L.N. 219/81. Holders of certificates of competency on vessels under way. L.N. 55/78. L.N. 187/86. L.N. 187/86. L.N. 219/81. L.N. 187/86. Production of certificates of competency for inspection. L.N. 55/78. Cancellation of licence. L.N. 55/78. L.N. 257/74. L.N. 219/81. Life-saving appliances and fire-fighting apparatuses to be carried on board. L.N. 55/78. Director to be notified of any accident. L.N. 257/74. Exemption from international collision regulations. L.N. 55/78. Directions by the Director. L.N. 55/78. L.N. 257/74. Mooring of pleasure vessels. L.N. 55/78. (Cap. 281, sub. Leg.) L.N. 55/78. L.N. 55/78. L.N. 257/74. L.N. 55/78. Unlawful use of pleasure vessels. L.N. 257/74. L.N. 55/78. L.N. 219/81. Objection to Director's decisions. L.N. 55/78. L.N. 219/81. Power to exempt. L.N. 55/78.

L.N. 12/70. L.N. 140/70. L.N. 257/74. L.N. 55/78. L.N. 219/81. L.N. 287/81. L.N. 294/85. L.N. 187/86. Citation. Interpretation. L.N. 55/78. L.N. 219/81. (Cap. 281, sub. leg.) Licensing of pleasure vessels. L.N. 55/78. L.N. 219/81. L.N. 294/85. L.N. 287/81. L.N. 219/81. Renewal of licences. L.N. 140/70. L.N. 55/78. Power to suspend or cancel licences. L.N. 55/78. Display of licence discs. L.N. 55/78. L.N. 219/81. Record of registered particulars. L.N. 55/78. L.N. 219/81. Offences.. L.N. 55/78. L.N. 219/81. Seizure, removal and detention of vessels. L.N. 219/81. Transfer of ownership or charter of pleasure vessels, L.N. 55/78. L.N. 219/81. Holders of certificates of competency on vessels under way. L.N. 55/78. L.N. 187/86. L.N. 187/86. L.N. 219/81. L.N. 187/86. Production of certificates of competency for inspection. L.N. 55/78. Cancellation of licence. L.N. 55/78. L.N. 257/74. L.N. 219/81. Life-saving appliances and fire-fighting apparatuses to be carried on board. L.N. 55/78. Director to be notified of any accident. L.N. 257/74. Exemption from international collision regulations. L.N. 55/78. Directions by the Director. L.N. 55/78. L.N. 257/74. Mooring of pleasure vessels. L.N. 55/78. (Cap. 281, sub. Leg.) L.N. 55/78. L.N. 55/78. L.N. 257/74. L.N. 55/78. Unlawful use of pleasure vessels. L.N. 257/74. L.N. 55/78. L.N. 219/81. Objection to Director's decisions. L.N. 55/78. L.N. 219/81. Power to exempt. L.N. 55/78.

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