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

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

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

(Cap. 313, section 63)

[1 August 19841

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

1. Citation

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

2. Exemption

Vessels of the type or types specified in

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

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

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

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

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

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

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

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

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





SCHEDULE 1 [para. 2]

TYPE OF VESSEL TO WHICH EXEMPTION
APPLIES

PART 1

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

(L.N. 243 of 1984)

PART II

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

(L.N. 316 of 1984)

PART III

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

(L.N. 333 of 1984)

PART IV

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

(L.N. 28 of 1985)

PART V

Vessels plying as water boats.

(L.N. 264 of 1985)

PART VI

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

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

(L.N. 310 of 1986)

PART VII

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

(L.N. 17 of 1989)





PART VIII

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

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

(L.N. 147 of1988)

SCHEDULE 2 [para. 21

REQUIREMENTS FROM WHICH EXEMPTION is
GRANTED

PART 1

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

Regulations 45A and 45C

(L.N. 243 of 1984)

PART II

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

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

(b) capable of passing a stability test;

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

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

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

(L.N. 316 of 1984)

PART III

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

Regulation 48A(1)(b)

(L.N. 333 of 1984)

PART IV

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

Regulation 47A(1)(a)

(L.N. 28 of 1985)





PART V

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

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

(L.N. 264 of 1985)

PART VI

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

Regulations 45A and 45C

(L.N. 310 of 1986)

PART VII

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

Regulation 10(1)
Regulation 11(1)

(L.N. 17 of 1989)

PART VIII

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

Regulation 48A(1)(b)

(L.N. 147 of 1988)

SCHEDULE 3 [para. 21

CONDITIONS

PART I

The exemption shall not apply to a vessel, unless-

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

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

(L.N. 243 of 1984)





PART II

The exemption is conditional upon such ship complying with

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

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

(L.N. 316 of 1984)

PART 111

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

(L.N. 333 of 1984)

PART IV

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

(L.N. 28 of 1985)

PART V

The exemption shall only apply where

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

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

(L.N. 264 of 1985)

PART VI

1. The exemption shall only apply

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

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

2. In this Part-

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

(L.N. 310 of 1986)

PART VII

1. The exemption shall only apply to a vessel which

(a) carries no fare-paying passengers; and







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

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

(L.N. 17 of 1989)

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