SHIPPING AND PORT CONTROL (TYPHOON SHELTERS) REGULATIONS

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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