SHIPPING AND PORT CONTROL (DWELLING VESSELS) REGULATIONS

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.

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