Cap. 548 sub. leg. F

Merchant Shipping (Local Vessels) (General) Regulation(Cap. 548, section 89)(Enacting provision omitted—E.R. 2 of 2024)[2 January 2007] L.N. 282 of 2006(Format changes—E.R. 2 of 2024) Part 1 Preliminary 1. (Omitted as spent—E.R. 2 of 2024) 2. Interpretation In this Regulation, unless the context otherwise requires—arrival (到達), in relation to a vessel entering the waters of Hong Kong, means the first occasion on which the vessel is at anchor, or made fast to any other vessel, any mooring or the shore, or aground, after entering those waters, and arrive (到達) shall be construed accordingly;berth (泊位) means any place in the waters of Hong Kong at which a vessel is not underway;cable reserve (電纜留用區) means an area of the waters of Hong Kong specified as such in the Sixth Schedule to the SAPCR;call sign (呼叫信號) has the same meaning as in the Radio Regulations; (L.N. 186 of 2016)cargo transport unit (貨物運輸單元) has the meaning given by section 1(1) of the Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg. H); (L.N. 247 of 2018)Class I vessel (第I類別船隻) has the same meaning as in the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D);Class II vessel (第II類別船隻) has the same meaning as in the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D);dangerous goods anchorage (危險品碇泊處) means an area of the waters of Hong Kong specified as such in the Seventh Schedule to the SAPCR; dangerous goods declaration (危險貨物聲明) means a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is— (a) properly classified, packaged, marked, labelled or placarded, as appropriate, in accordance with the IMDG Code; and (b) in a proper condition for carriage by sea; (L.N. 247 of 2018) departure (駛離), in relation to a vessel leaving the waters of Hong Kong, means the departure of the vessel from any berth to waters outside Hong Kong, and depart (駛離) shall be construed accordingly;forwarder (代運人) has the meaning given by section 1(1) of the Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg. H); (L.N. 247 of 2018)IMDG Code (《海運危險貨物規則》) means the International Maritime Dangerous Goods Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.122(75) on 24 May 2002, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 247 of 2018; L.N. 158 of 2022; L.N. 107 of 2023; L.N. 103 of 2025)immigration anchorage (入境船隻碇泊處) means an approved immigration anchorage within the meaning of section 2(1) of the Immigration Ordinance (Cap. 115);MARDEP or MARDEP, HONG KONG means the call sign of the Marine Department of the Government transmitted as such for the purpose of commencing VHF radiotelephone communication between a vessel and an authorized officer at the vessel traffic centre; (L.N. 186 of 2016)naval anchorage (海軍碇泊處) means an area of the waters of Hong Kong specified as such in the Seventh Schedule to the SAPCR;packaged form (有包裝) means the form of containment specified in the IMDG Code; (L.N. 247 of 2018)paragraph (e) vessel ((e)段船隻) means a local vessel within the meaning of paragraph (e) of the definition of local vessel in section 2 of the Ordinance;permit to remain (停留許可證) means a permit granted under section 41(3);port clearance (出港證) means the port clearance referred to in section 28(1) of the Ordinance;prescribed fee (訂明費用), in relation to any matter, means the fee prescribed for that matter by regulation made under section 88 of the Ordinance;principal fairway (主要航道) means an area of the waters of Hong Kong specified as such in the Third Schedule to the SAPCR;quarantine anchorage (檢疫碇泊處) means an area of the waters of Hong Kong specified as such in the Seventh Schedule to the SAPCR;Radio Regulations (《無線電規則》) means the Radio Regulations complementing the Constitution and Convention of the International Telecommunication Union as in force from time to time; (L.N. 186 of 2016; L.N. 126 of 2024)report (報告) means a report made to the vessel traffic centre by means of VHF radiotelephone communication in accordance with section 59(1), (2) and (3), or the making of the report; (L.N. 186 of 2016)SAPCR (《管制規例》) means the Shipping and Port Control Regulations (Cap. 313 sub. leg. A);seatrial (試航) means a seatrial conducted or completed in the waters of Hong Kong for the purpose (whether the sole purpose or otherwise) of testing the performance of a vessel;seaward limits of the vessel traffic service coverage (船隻航行監察服務範圍的朝海界限) means the limits delineated in the Fifteenth Schedule to the SAPCR specifying the extent of the coverage of the vessel traffic service; (L.N. 186 of 2016)shipper (付運人), in relation to any cargo carried by a vessel or delivered to a vessel for carriage, means the person who, whether as principal or agent, consigns the cargo for carriage by the vessel; (L.N. 247 of 2018)special anchorage (專用碇泊處) means an area of the waters of Hong Kong specified as such in the Seventh Schedule to the SAPCR;typhoon shelter (避風塘) has the same meaning as in section 2 of the Merchant Shipping (Local Vessels) (Typhoon Shelters) Regulation (Cap. 548 sub. leg. E);underway (在航) has the same meaning as in Rule 3(i) of the Schedule to the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap. 369 sub. leg. N);vessel traffic centre (船隻航行監察中心) means the vessel traffic centre (identified by the call sign “MARDEP” or “MARDEP, HONG KONG”) from which the vessel traffic service of Hong Kong is operated and to which reports are made; (L.N. 186 of 2016)vessel traffic service (船隻航行監察服務) means the vessel traffic service of Hong Kong operated by the Director in respect of vessels within the seaward limits of the vessel traffic service coverage; (L.N. 186 of 2016)VHF (甚高頻) means very high frequency; (L.N. 186 of 2016)VHF channel (甚高頻頻道), in relation to VHF radiotelephone communication, means a radiotelephone channel in the VHF band provided for in the Radio Regulations and specified in column 1 of the First Schedule to the SAPCR; (L.N. 186 of 2016)VHF sector (甚高頻區段) means a VHF sector the boundaries of which are delineated in the Second Schedule to the SAPCR; (L.N. 186 of 2016)Yau Ma Tei Anchorage (油麻地碇泊處) means the area of the waters of Hong Kong specified as such in the Seventh Schedule to the SAPCR. Part 2 Arrivals and Departures 3. Arrival clearance required upon arrival (1) Where a local vessel arrives in the waters of Hong Kong, the owner of the vessel, his agent or the coxswain of the vessel shall, as soon as practicable and in any event not later than 24 hours after the arrival, apply for an arrival clearance in respect of the vessel in accordance with section 4.(2) In the case of a paragraph (e) vessel, the reference to “agent” in subsection (1) is a reference to an agent whose appointment has been notified under section 51(1).(3) This section does not apply to any local vessel for the time being used for any purpose by the Government.(4) If without reasonable excuse subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3. 4. Application for arrival clearance (1) An application for an arrival clearance in respect of a local vessel shall be made to the Director in the specified form and accompanied by—(a) the prescribed fee; and(b) a declaration made in the specified form in respect of—(i) the general condition of the vessel;(ii) the cargo carried on board the vessel; and(iii) the voyage it undertook immediately before its arrival.(2) An application for an arrival clearance in respect of a local vessel which is neither a pleasure vessel from a place outside Hong Kong nor a paragraph (e) vessel shall also be accompanied by—(a) a copy of the vessel’s operating licence; and(b) if required by the Director, any one or more of the documents specified in items 2, 4 and 5 of Schedule 1.(3) An application for an arrival clearance in respect of a local vessel which is a pleasure vessel from a place outside Hong Kong shall also be accompanied by—(a) the certificate of registry granted in respect of the vessel; and(b) if required by the Director, any one or more of the documents specified in Schedule 1.(4) An application for an arrival clearance in respect of a paragraph (e) vessel shall also be accompanied by—(a) the certificate referred to in paragraph (e)(iii) of the definition of local vessel in section 2 of the Ordinance;(b) documentary proof of an insurance required under section 49;(c) the certificate of registry granted in respect of the vessel; and(d) if required by the Director, any one or more of the documents specified in Schedule 1.(5) In this section, certificate of registry (註冊證明書) means a certificate of registry or other document granted in a place outside Hong Kong and similar or equivalent in effect to a certificate of registry granted under the Merchant Shipping (Registration) Ordinance (Cap. 415). 5. Grant, etc. of arrival clearance (1) Upon an application made for an arrival clearance, the Director may—(a) refuse to grant the arrival clearance on grounds of safety or public interest; or(b) grant the arrival clearance.(2) If the Director refuses an application for the grant of an arrival clearance, he shall notify the applicant of the refusal and the reason for the refusal.(3) Where a notice of refusal is served under subsection (2) in respect of a pleasure vessel from a place outside Hong Kong or a paragraph (e) vessel, the vessel shall depart from the waters of Hong Kong as soon as practicable after the service.(4) Where a notice of refusal is served under subsection (2) in respect of a local vessel which is neither a pleasure vessel from a place outside Hong Kong nor a paragraph (e) vessel, the notice may be accompanied by a direction given under section 24 of the Ordinance.(5) If without reasonable excuse subsection (3) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3. 6. Obtaining of port clearance (1) For the purposes of section 28 of the Ordinance, an application for a port clearance in respect of a local vessel shall be—(a) made to the Director in the specified form;(b) made by the owner of the vessel, his agent or the coxswain of the vessel; and(c) accompanied by the prescribed fee.(2) In the case of a paragraph (e) vessel, the reference to “agent” in subsection (1)(b) is a reference to an agent whose appointment has been notified under section 51(1).(3) The Director may require the person who makes an application under subsection (1) to provide any or all of the following information—(a) the nature of the voyage to which the application relates;(b) the number of passengers and crew members to be carried on board the vessel at the time of the departure to which the application relates;(c) a general description of the cargo to be carried on board the vessel at the time of the departure;(d) such other information as the Director may reasonably require for the purpose of considering the application.(4) Upon an application made for a port clearance, the Director may—(a) refuse to grant the port clearance on grounds of safety or public interest; or(b) grant the port clearance.(5) A port clearance granted in respect of a vessel under subsection (4)(b) shall cease to be valid if the vessel does not depart within the specified period after the port clearance is granted.(6) In subsection (5) and section 7(1), specified period (指明限期) means 72 hours or such other period as may be specified in the port clearance by the Director, whichever is shorter. 7. Report of failure to depart after obtaining port clearance (1) If a local vessel does not depart within the specified period after a port clearance is granted in respect of the vessel under section 6, the owner of the vessel, his agent or the coxswain of the vessel shall, as soon as practicable after the specified period—(a) report to the Director the reason why the vessel does not so depart; and(b) return the port clearance to the Director.(2) If without reasonable excuse subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2. Part 3 Navigation in Waters of Hong Kong 8. Restriction on navigation by certain pleasure vessels (1) Except with the permission of the Director, a local vessel—(a) which is a pleasure vessel from a place outside Hong Kong; and(b) which does not remain in the waters of Hong Kong for more than 182 days out of 365 consecutive days,shall not navigate in the waters of Hong Kong.(2) Subsection (1) does not apply where—(a) the vessel is on its way to its berth in the waters of Hong Kong immediately after it has entered those waters; or(b) it is departing the waters of Hong Kong.(3) If without reasonable excuse subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 4 and to imprisonment for 1 year. 9. Speed of vessels (1) Except with the permission of the Director, a local vessel shall not, when underway in the waters of Hong Kong, proceed at a speed exceeding the maximum permitted speed provided in Schedule 2.(2) Except with the permission of the Director, a local vessel which is a high speed craft shall not, when underway in the waters of Hong Kong between half an hour after sunset and half an hour before sunrise, proceed at a speed exceeding 15 knots.(3) A local vessel must not, when underway in a restricted zone mentioned below, proceed at a speed exceeding 5 knots during the period specified below—(a) for a restricted zone specified in items 1 and 2 (other than paragraph (c)) of Schedule 18 to the SAPCR—the period from 8 a.m. to 12 midnight on—(i) any Saturday or public holiday; and(ii) any day from 1 July to 15 September (both days inclusive);(b) for the restricted zone specified in item 2(c) of Schedule 18 to the SAPCR—the period from 8 a.m. to 12 midnight; and(c) for a restricted zone specified in items 3, 4, 5 and 6 of Schedule 18 to the SAPCR—the period from 8 a.m. to 12 midnight on—(i) any Saturday or public holiday; and(ii) any day from 1 April to 31 October (both days inclusive). (L.N. 141 of 2019)(4) A local vessel shall not, when underway in the entrance to or within a typhoon shelter, proceed at a speed exceeding 5 knots.(5) If without reasonable excuse subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.(6) If without reasonable excuse subsection (3) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3. (L.N. 141 of 2019)(7) If without reasonable excuse subsection (4) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2.(8) In subsection (2), high speed craft (高速船) has the same meaning as in section 2(1) of the Merchant Shipping (Safety) (High Speed Craft) Regulation (Cap. 369 sub. leg. AW). 10. Stopping of vessels (1) A local vessel which is underway and to which the signal “L” as specified in the International Code of Signals published by the International Maritime Organization is made—(a) by flag, sound, flashing lamp or signal light from a launch used by the Marine Department, Hong Kong Police Force, Immigration Department or Customs and Excise Department of the Government; or(b) by signal light from a signal station,shall stop until authorized to proceed by an authorized officer.(2) A local vessel which is not underway and to which the signal referred to in subsection (1) is made in the manner specified in that subsection shall not move until authorized to do so by an authorized officer.(3) If without reasonable excuse subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. 11. Manning and equipment (1) A local vessel—(a) shall have on board a sufficient number of crew members who are qualified and capable of carrying out all duties which may reasonably be required; and(b) shall be adequately equipped,to ensure the safety of the vessel, having regard to the design, size, speed, total power, control mechanism, equipment and machinery of the vessel.(2) The Director may, as regards a particular type of local vessel, issue for the purposes of subsection (1) a notice specifying—(a) the number of crew members on board, the qualification, training and experience of such crew members; or(b) the equipment on board,which shall be regarded as adequate for ensuring the safety of a local vessel of that type.(3) In relation to a local vessel of a type to which a notice issued under subsection (2)(a) relates, compliance with the notice is to be regarded as compliance with subsection (1)(a).(4) In relation to a local vessel of a type to which a notice issued under subsection (2)(b) relates, compliance with the notice is to be regarded as compliance with subsection (1)(b).(5) If subsection (1) is contravened, the owner and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3 and to imprisonment for 6 months. 12. Prohibition of entry into airport approach areas (1) Except with the permission of the Director, a local vessel shall not enter the Hong Kong International Airport Approach Area No. 1, 2, 3 or 4 specified in paragraphs 5, 6, 7 and 8 respectively of the Fifth Schedule to the SAPCR.(2) Except with the permission of the Director, a local vessel with a height exceeding 15 m above sea level shall not enter the Hong Kong International Airport Approach Area No. 5 or 6 specified in paragraphs 9 and 10 respectively of the Fifth Schedule to the SAPCR.(3) Except with the permission of the Director, a local vessel with a height exceeding 30 m above sea level shall not enter the Hong Kong International Airport Approach Area No. 7 or 8 specified in paragraphs 11 and 12 respectively of the Fifth Schedule to the SAPCR. 13. Restriction on entry into cable reserve (1) A local vessel shall not remain or navigate in a cable reserve except for the purpose of—(a) laying or repairing a submarine cable or pipeline; or(b) berthing at any pier within the cable reserve.(2) Subsection (1) does not apply to a local vessel which is—(a) only passing through a cable reserve;(b) stopped, anchored or berthed in the cable reserve for the purpose of avoiding immediate danger; or(c) aground in the cable reserve. 14. Prohibition of entry into restricted areas Except with the permission of the Director, a local vessel shall not enter—(a) any area within 100 m from the low water mark on Green Island;(b) the Ngong Shuen Chau Barracks Area specified in paragraph 16 of the Fifth Schedule to the SAPCR;(c) any area within 100 m from the low water mark on Waglan Island; or(d) the Shing Mun River Channel. 15. Prohibition of entry into Kap Shui Mun Special Area Except with the permission of the Director, a local vessel exceeding 10 m in length overall shall not enter the Kap Shui Mun Special Area specified in paragraph 18 of the Fifth Schedule to the SAPCR—(a) by crossing over the south-eastern boundary of the Special Area specified in paragraph 19 of that Schedule; or(b) by crossing over the north-eastern boundary of the Special Area specified in paragraph 20 of that Schedule. 16. Prohibition of entry into Ngong Shuen Chau Naval Basin Area Except with the permission of the Hong Kong Garrison, a local vessel shall not enter the Ngong Shuen Chau Naval Basin Area specified in paragraph 17 of the Fifth Schedule to the SAPCR. 17. Prohibition of entry into Tsing Tsuen and Tsing Yi Bridges Area Except with the permission of the Director, a local vessel with a height exceeding 17 m above sea level shall not—(a) approach so near any bridge within the Tsing Tsuen and Tsing Yi Bridges Area specified in paragraph 3(b) of the Fifth Schedule to the SAPCR as to prejudice the safety of the bridge; or(b) if it is being towed, enter, berth or unberth within the Area referred to in paragraph (a) unless it is towed by such number of vessels as may reasonably be required to ensure its safety having regard to the circumstances pertaining to it. 18. Prohibition of entry into Ap Lei Chau Bridge Area Except with the permission of the Director, a local vessel with a height exceeding 14 m above sea level shall not—(a) approach so near any bridge within the Ap Lei Chau Bridge Area specified in paragraph 4(b) of the Fifth Schedule to the SAPCR as to prejudice the safety of the bridge; or(b) if it is being towed, enter, berth or unberth within the Area referred to in paragraph (a) unless it is towed by such number of vessels as may reasonably be required to ensure its safety having regard to the circumstances pertaining to it. 18A. Prohibition of entry into Tuen Mun-Chek Lap Kok Link Areas Except with the permission of the Director—(a) a local vessel with a height exceeding 21 m above sea level must not enter the Tuen Mun-Chek Lap Kok Link Area No. 1 specified in paragraph 22(b) of the Fifth Schedule to the SAPCR;(b) a local vessel with a height exceeding 12 m above sea level must not enter the Tuen Mun-Chek Lap Kok Link Area No. 2 specified in paragraph 23(b) of the Fifth Schedule to the SAPCR; or(c) a local vessel with a height exceeding 6 m above sea level must not enter the Tuen Mun-Chek Lap Kok Link Area No. 3 specified in paragraph 24(b) of the Fifth Schedule to the SAPCR.(L.N. 84 of 2017) 18B. Prohibition of entry into Hong Kong Link Road Areas and restriction on entry into Hong Kong Link Road Special Areas (1) Except with the permission of the Director—(a) a local vessel with a height exceeding 41 m above sea level must not enter the Hong Kong Link Road Area No. 1 specified in paragraph 25(b) of the Fifth Schedule to the SAPCR;(b) a local vessel with a height exceeding 12 m above sea level must not enter the Hong Kong Link Road Area No. 2 specified in paragraph 26(b) of the Fifth Schedule to the SAPCR;(c) a local vessel with a height exceeding 10 m above sea level must not enter the Hong Kong Link Road Area No. 3 specified in paragraph 27(b) of the Fifth Schedule to the SAPCR; or(d) a local vessel with a height exceeding 5 m above sea level must not enter the Hong Kong Link Road Area No. 4 specified in paragraph 28(b) of the Fifth Schedule to the SAPCR.(2) Except with the permission of the Director—(a) a local vessel must not enter the Hong Kong Link Road Special Area No. 1 specified in paragraph 29 of the Fifth Schedule to the SAPCR by crossing over the south-western boundary of the Special Area specified in paragraph 32 of that Schedule; or(b) a local vessel must not enter the Hong Kong Link Road Special Area No. 2 specified in paragraph 30 of the Fifth Schedule to the SAPCR by crossing over the north-eastern boundary of the Special Area specified in paragraph 33 of that Schedule.(3) Except with the permission of the Director, a local vessel exceeding 10 m in length overall must not enter the Hong Kong Link Road Special Area No. 3 specified in paragraph 31 of the Fifth Schedule to the SAPCR.(L.N. 84 of 2017) 18C. Prohibition of entry into Tseung Kwan O Cross Bay Bridge Areas Except with the permission of the Director—(a) a local vessel with a height exceeding 17 m above sea level must not enter the Tseung Kwan O Cross Bay Bridge Area No. 1 specified in paragraph 36(b) of the Fifth Schedule to the SAPCR;(b) a local vessel with a height exceeding 12 m above sea level must not enter the Tseung Kwan O Cross Bay Bridge Area No. 2 specified in paragraph 37(b) of the Fifth Schedule to the SAPCR;(c) a local vessel with a height exceeding 6 m above sea level must not enter the Tseung Kwan O Cross Bay Bridge Area No. 3 specified in paragraph 38(b) of the Fifth Schedule to the SAPCR; or(d) a local vessel with a height exceeding 3 m above sea level must not enter the Tseung Kwan O Cross Bay Bridge Area No. 4 specified in paragraph 39(b) of the Fifth Schedule to the SAPCR.(L.N. 235 of 2022) 18D. Prohibition of entry into Tseung Kwan O Interchange Areas Except with the permission of the Director—(a) a local vessel with a height exceeding 6 m above sea level must not enter the Tseung Kwan O Interchange Area No. 1 specified in paragraph 40(b) of the Fifth Schedule to the SAPCR;(b) a local vessel with a height exceeding 3 m above sea level must not enter the Tseung Kwan O Interchange Area No. 2 specified in paragraph 41(b) of the Fifth Schedule to the SAPCR; or(c) a local vessel with a height exceeding 2 m above sea level must not enter the Tseung Kwan O Interchange Area No. 3 specified in paragraph 42(b) of the Fifth Schedule to the SAPCR.(L.N. 235 of 2022) 18E. Prohibition of entry into Tseung Kwan O Southern Bridge Areas Except with the permission of the Director— (a) a local vessel with a height exceeding 5.6 m above sea level must not enter the Tseung Kwan O Southern Bridge Area No. 1 specified in paragraph 43(b) of the Fifth Schedule to the SAPCR; or(b) a local vessel with a height exceeding 4 m above sea level must not enter the Tseung Kwan O Southern Bridge Area No. 2 specified in paragraph 44(b) of the Fifth Schedule to the SAPCR.(L.N. 235 of 2022) 19. Prohibition of entry into other bridge areas (1) Except with the permission of the Director, a local vessel with a height exceeding 8 m above sea level shall not enter the Tung Chung Bridges Area specified in paragraph 13(b) of the Fifth Schedule to the SAPCR.(2) Except with the permission of the Director, a local vessel with a height exceeding 41 m above sea level shall not enter the Kap Shui Mun Bridge Area specified in paragraph 14(b) of the Fifth Schedule to the SAPCR.(3) Except with the permission of the Director—(a) a local vessel with a height exceeding 57 m above sea level must not enter the Tsing Ma Bridge Area; or(b) a local vessel with a height exceeding 54.6 m, but not exceeding 57 m, above sea level must not enter the Tsing Ma Bridge Area other than during the specified hours of a day within the meaning of subsection (3A). (L.N. 237 of 2020)(3A) For the purposes of subsection (3)(b), the Director of Highways, or an officer authorized by the Director of Highways—(a) may by notice specify—(i) any period; and(ii) in relation to each day in the period, the hours (specified hours) during which the space for the travelling of the movable gantries underneath the Tsing Ma Bridge between the Tsing Yi Tower and the Ma Wan Tower will not be occupied for inspection or maintenance of the Tsing Ma Bridge or related purposes; and(b) must publish the notice on the website of the Highways Department or in any other way that the Director of Highways, or the officer authorized by the Director of Highways, considers appropriate. (L.N. 237 of 2020)(3B) In subsections (3) and (3A)—Ma Wan Tower (馬灣橋塔) means the bridge tower on the Ma Wan side of the Tsing Ma Bridge;Tsing Ma Bridge Area (青馬大橋區域) means the area specified in paragraph 15(b) of the Fifth Schedule to the SAPCR;Tsing Yi Tower (青衣橋塔) means the bridge tower on the Tsing Yi side of the Tsing Ma Bridge. (L.N. 237 of 2020)(4) Except with the permission of the Director, a local vessel with a height exceeding 68.5 m above sea level shall not enter the Stonecutters Bridge Area specified in paragraph 21(b) of the Fifth Schedule to the SAPCR. (L.N. 150 of 2008) 19A. Prohibition of entry into Central Military Dock Inner and Outer Areas (1) A local vessel must not enter the Central Military Dock Inner Area except with the permission of the Director.(2) Before giving permission under subsection (1), the Director must obtain the consent of the Hong Kong Garrison.(3) A local vessel must not enter the Central Military Dock Outer Area except with the permission of the Director.(4) Even if a local vessel is permitted to enter the Central Military Dock Inner Area under subsection (1) or the Central Military Dock Outer Area under subsection (3), it must not stay, anchor, moor or berth in the Area, unless otherwise specified in the permission.(5) Subsection (3) does not apply to a local vessel that has an overall length not exceeding 60 metres if it only enters the Central Military Dock Outer Area for the purpose of passing through the Area directly without staying, anchoring, mooring or berthing in the Area.(6) In this section—Central Military Dock Inner Area (中區軍用碼頭內圍區域) means the area specified in paragraph 34 of the Fifth Schedule to the SAPCR;Central Military Dock Outer Area (中區軍用碼頭外圍區域) means the area specified in paragraph 35 of the Fifth Schedule to the SAPCR.(L.N. 70 of 2019) 20. Offences relating to restricted areas, etc. (1) If without reasonable excuse section 12(1), (2) or (3), 13(1), 14, 15, 17, 18, 18A, 18B(1), (2) or (3), 18C, 18D, 18E, 19(1), (2), (3) or (4) or 19A(1), (3) or (4) is contravened— (L.N. 150 of 2008; L.N. 84 of 2017; L.N. 70 of 2019; L.N. 235 of 2022)(a) in the case of a local vessel not being towed, the coxswain of the vessel commits an offence; or(b) in the case of a local vessel being towed, the coxswain of the vessel and the coxswain or person in charge or command of any other vessel towing the vessel commit an offence,and is, or each of them is (as the case may be), liable on conviction to a fine at level 3 and to imprisonment for 6 months.(2) If without reasonable excuse section 16 is contravened—(a) in the case of a local vessel not being towed, the coxswain of the vessel commits an offence; or(b) in the case of a local vessel being towed, the coxswain of the vessel and the coxswain or person in charge or command of any other vessel towing the vessel commit an offence,and is, or each of them is (as the case may be), liable on conviction to a fine at level 1.(3) Without prejudice to sections 17(a), 18(a), 18A, 18B(1) and (3), 18C, 18D, 18E and 19(1), (2), (3) and (4), if a local vessel collides with any bridge within any of the Areas referred to in those sections— (L.N. 150 of 2008; L.N. 84 of 2017; L.N. 235 of 2022)(a) in the case of a local vessel not being towed, the owner of the vessel, his agent and the coxswain of the vessel; or(b) in the case of a local vessel being towed—(i) the owner of the vessel, his agent and the coxswain of the vessel; and(ii) the owner of any other vessel towing the vessel, his agent and the coxswain or person in charge or command of that other vessel,commit an offence and each of them is liable on conviction to a fine at level 5 and to imprisonment for 6 months.(4) In proceedings for an offence under subsection (3), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. Part 4 Berthing 21. Anchorages (1) The Director may set aside a place in the waters of Hong Kong for the anchorage of—(a) a particular type, class or description of local vessel; or(b) a particular local vessel in a particular case.(2) The Director shall notify the setting aside of a place under subsection (1) by notice published in the Gazette.(3) The Director may designate a place in the waters of Hong Kong at which no local vessel shall anchor or lie.(4) The Director shall notify the designation of a place under subsection (3) by posting a notice at or near the place to which the designation relates. 22. Anchoring of local vessels (1) Subject to subsection (2), a local vessel shall not anchor at any place in a port other than at—(a) a special anchorage;(b) a typhoon shelter in accordance with the Merchant Shipping (Local Vessels) (Typhoon Shelters) Regulation (Cap. 548 sub. leg. E); or(c) a place specified in a notice published under section 21(2) which applies to the vessel.(2) A local vessel shall not anchor or lie at any place—(a) within any principal fairway;(b) in a direct approach to the Lei Yue Mun or Sulphur Channel;(c) in a position which obstructs an approach or entrance to any principal fairway, port, typhoon shelter or pier;(d) in a position which gives a foul berth to any other vessel made fast to a mooring, pier or dock premises;(e) within 500 m of any place or vessel designated as a Government Explosives Depot under section 13A of the Dangerous Goods Ordinance (Cap. 295), except with the permission of the Director;(f) at or near which a notice is posted under section 21(4), except with the permission of the Director;(g) (if the vessel exceeds 100 m in length overall) in the Yau Ma Tei Anchorage, except with the permission of the Director;(h) in an immigration anchorage, except for the purpose of compliance with the Immigration Ordinance (Cap. 115);(i) in a quarantine anchorage, except for the purpose of compliance with the Prevention and Control of Disease Ordinance (Cap. 599); (14 of 2008 s. 18)(j) in a dangerous goods anchorage, except for the purpose of compliance with the Dangerous Goods Ordinance (Cap. 295); or(k) in a naval anchorage, except with the permission of the Hong Kong Garrison.(3) If without reasonable excuse subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. 23. Prohibited anchorage area (1) Without prejudice to section 22 and except with the permission of the Director, a local vessel shall not anchor within the prohibited anchorage area specified in the Nineteenth Schedule to the SAPCR.(2) Subsection (1) does not apply to—(a) a local vessel used by the Government in connection with the performance of official duties;(b) a local vessel used by the Hong Kong Garrison in connection with the performance of official duties; or(c) a privately owned local vessel that is under contract with the Government and that is used in connection with the performance of the Government’s official duties.(3) If without reasonable excuse subsection (1) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. 24. Mooring to buoys (1) A local vessel shall not moor to a buoy unless the buoy is one laid for mooring purposes.(2) If without reasonable excuse subsection (1) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1. 25. Mooring to Government mooring buoys (1) Except with the permission of the Director, a local vessel shall not moor to a Government mooring buoy.(2) An application for the permission referred to in subsection (1) shall not be made in respect of a local vessel at any time before 48 hours immediately preceding the estimated time of arrival of the vessel.(3) In subsection (2), the reference to the estimated time of arrival of a local vessel is a reference to the estimated time of arrival of the vessel stated in the application for the permission referred to in subsection (1) in respect of the vessel.(4) A local vessel which is moored to a Government mooring buoy shall not be swung for compass adjustment.(5) No testing of the main propulsion machinery of a local vessel shall be conducted when it is moored to a Government mooring buoy.(6) When a tropical cyclone warning signal is issued by the Hong Kong Observatory—(a) a local vessel (other than a dead vessel) which is moored to a Government mooring buoy shall clear anchor and cables;(b) the main propulsion machinery of the vessel shall be prepared to operate in full power conditions; and(c) the vessel shall, if so directed by the Director, leave the mooring buoy.(7) If without reasonable excuse subsection (1), (4), (5) or (6) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3. 26. Mooring to private moorings (1) A local vessel shall not moor to a private mooring except—(a) with the permission of the owner of the private mooring; or(b) pursuant to a direction given by the Director under section 24(c) of the Ordinance.(2) If without reasonable excuse subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine of $300 for each day or part of a day during which that subsection is contravened.(3) In this section, private mooring (私人繫泊設備) means a mooring which is not a Government mooring buoy and was laid in a place specified in a permission referred to in section 6(1) of the Shipping and Port Control Ordinance (Cap. 313). 27. Local vessels alongside berthed vessels (1) Except with the permission of the Director, a local vessel which is constructed or adapted for the carriage of petroleum product in bulk or fuel in bulk and exceeds 2 000 net tonnage must not lie alongside any other vessel. (27 of 2024 s. 27)(1A) Despite subsection (1), if a local vessel referred to in that subsection is a bunkering vessel, the vessel may lie alongside another vessel for the purpose of bunkering. (27 of 2024 s. 27)(2) Except with the permission of the Director, a paragraph (e) vessel shall not lie alongside any ship.(3) Where 3 or more vessels lie abreast on any side of a ship which is at anchor or moored to a mooring buoy, a local vessel shall not lie alongside any of those 3 or more vessels.(4) Where 2 or more vessels lie abreast on any side of a ship which is moored at any pier, a local vessel shall not lie alongside any of those 2 or more vessels.(5) If without reasonable excuse subsection (1) is contravened, the coxswain of the local vessel commits an offence and is liable on conviction to a fine at level 2.(6) If without reasonable excuse subsection (2) is contravened, the coxswain of the paragraph (e) vessel commits an offence and is liable on conviction to a fine at level 2.(7) If without reasonable excuse subsection (3) or (4) is contravened, the coxswain of the local vessel commits an offence and is liable on conviction to a fine at level 2.(8) For the purposes of this section, a vessel lies alongside another vessel if the bow, stern or either side of the vessel lies against that other vessel.(9) In this section, ship (船舶) means a ship to which the Merchant Shipping (Safety) Ordinance (Cap. 369) applies. 28. Berthing, etc. at Government piers (1) Except with the permission of the Director, a local vessel shall not lie alongside a Government pier for any purpose other than to enable passengers of the vessel to embark or disembark (with their baggage, if any) and for any time longer than is reasonably necessary for the embarkation or disembarkation.(2) Except with the permission of the Director, a local vessel exceeding 35 m in length overall shall not go alongside a Government pier.(3) A local vessel shall not make fast to any part of a Government pier except to the mooring bollards and rings provided on the pier by the Government.(4) If without reasonable excuse subsection (1), (2) or (3) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1.(5) For the purposes of subsection (1), a local vessel lies alongside a Government pier if the bow, stern or either side of the vessel lies against the pier.(6) For the purposes of subsection (1), where 2 or more vessels lie alongside each other and one of the vessels lies alongside a Government pier, each of the vessels is to be regarded as lying alongside the pier.(7) For the purposes of subsection (2), a local vessel goes alongside a Government pier if the vessel is being manoeuvred to lie alongside the pier.(8) For the purposes of subsection (6), a vessel lies alongside another vessel if the bow, stern or either side of the vessel lies against that other vessel. 29. Making fast to another vessel (1) A local vessel shall not make fast to any other vessel (whether or not a local vessel) which is underway except with the permission of the coxswain or person in charge or command of that other vessel.(2) Subsection (1) does not apply where the local vessel carries a public officer who is to board the other vessel when performing his official duties in good faith.(3) If without reasonable excuse subsection (1) is contravened, the coxswain of the local vessel commits an offence and is liable on conviction to a fine at level 2. Part 5 Local Passenger Vessels 30. Application and interpretation (1) This Part applies to a Class I vessel or Class II vessel which is permitted under its operating licence to carry passengers.(2) In this Part—local passenger vessel (本地客船) means a vessel to which this Part applies;passenger service vessel (客運船隻) means a vessel which is a Class I vessel for the purposes of Schedule 1 to the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D) and which is in use on or is reserved for a franchised service or licensed service under the Ferry Services Ordinance (Cap. 104). 31. Vessels to be kept clean (1) A local passenger vessel shall be kept clean at all times for the safety and comfort of passengers on board the vessel.(2) If subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 1.(3) In proceedings for an offence under subsection (2), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. 32. Embarkation and disembarkation of passengers, etc. (1) Except with the permission of the Director, no embarkation or disembarkation of passengers on or from a passenger service vessel shall take place otherwise than at a pier, seawall or landing place.(2) Except with the permission of the Director, no embarkation or disembarkation of passengers on or from a passenger service vessel shall take place otherwise than by means of—(a) a gangway adequately secured to the vessel and the shore and fitted with a handrail; or(b) landing steps alongside which the vessel has made fast.(3) Except with the permission of the Director, no cargo shall be loaded onto or unloaded from a passenger service vessel otherwise than at a pier, seawall or landing place.(4) If subsection (1), (2) or (3) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2. 33. Notice stating maximum number of passengers to be posted (1) A notice complying with subsection (2) shall be posted at a prominent location at all places on a local passenger vessel where passengers embark on the vessel.(2) The notice referred to in subsection (1) shall state in English words and Chinese characters, of no less than 70 mm in height, the maximum number of passengers the vessel is allowed to carry under its operating licence.(3) If subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2.(4) In proceedings for an offence under subsection (3), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. Part 5A Class I Vessels, Class II Vessels and Class IV Vessels (Part 5A added L.N. 186 of 2016. Amended L.N. 69 of 2020) Division 1 Automatic Identification System 33A. Application of Division 1 (1) This Division applies to a Class I vessel that is licensed to carry more than 100 passengers except—(a) a floating restaurant;(b) a stationary vessel; or(c) a vessel the operating licence of which restricts the vessel to plying within a typhoon shelter.(2) This Division also applies to a Class II vessel that is—(a) a dangerous goods carrier;(ab) a gas carrier; (L.N. 24 of 2023)(b) a noxious liquid substance carrier;(c) an oil carrier; or(d) a vessel of 300 gross tonnage or above fitted with a propulsion engine.(3) This Division does not apply to a vessel referred to in subsection (2)(a), (b) or (c) if—(a) the vessel is not fitted with a propulsion engine; and(b) the vessel is not carrying any dangerous goods as defined by section 3 of the Dangerous Goods (Shipping) Regulation 2012 (Cap. 295 sub. leg. F). (29 of 2021 s. 62)(4) This Division also applies to a Class IV vessel that is licensed to carry more than 100 passengers. (L.N. 69 of 2020) 33B. Automatic identification system (1) Subject to subsection (2), an automatic identification system fitted on a vessel must at all times be switched on.(2) Compliance with subsection (1) is not required when—(a) the coxswain of the vessel reasonably considers the operation of the system may compromise the safety of the vessel; or(b) a security incident is imminent.(3) The automatic identification system must at all times be maintained in a good working condition.(4) If for any reason it is not possible to operate the automatic identification system fitted on the vessel, the coxswain of the vessel must as soon as practicable restore it or cause it to be restored to an effective operating condition.(5) If subsection (1) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3.(6) If subsection (3) is contravened, each person specified in subsection (7) commits an offence if the person has no reasonable excuse for the contravention.(7) The persons are—(a) the owner of the vessel;(b) the owner’s agent; and(c) the coxswain of the vessel.(8) A person who commits an offence under subsection (6) is liable on conviction to a fine at level 3.(9) If subsection (4) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1.(10) In this section— automatic identification system (自動識別系統) has the meaning given by section 80A(8) of the Merchant Shipping (Local Vessels) (Safety and Survey) Regulation (Cap. 548 sub. leg. G). Division 2 Radar Equipment 33C. Application of Division 2 (1) This Division applies to a Class I vessel—(a) that is a ferry vessel or a launch;(b) that operates a franchised service or a licensed service; and(c) that plies outside the boundaries of the Victoria port.(2) This Division also applies to a Class I vessel that is licensed to carry more than 100 passengers except—(a) a floating restaurant;(b) a stationary vessel;(c) a vessel the operating licence of which restricts the vessel to plying within a typhoon shelter; or(d) a vessel—(i) that is in use on or is reserved for a franchised service or a licensed service;(ii) that is subject to the maximum permitted speed specified in Schedule 2; and(iii) the operating licence of which restricts the vessel to plying within the boundaries of the Victoria port.(2A) This Division also applies to a Class IV vessel that is licensed to carry more than 100 passengers. (L.N. 69 of 2020)(3) In this section—franchised service (專營服務) has the meaning given by section 2(1) of the Ferry Services Ordinance (Cap. 104);licensed service (領牌服務) has the meaning given by section 2(1) of the Ferry Services Ordinance (Cap. 104);Victoria port (維多利亞港口) has the meaning given by section 2(1) of the Ferry Services Ordinance (Cap. 104). 33D.

Radar equipment (1) Radar equipment fitted on a vessel must at all times be maintained in a good working condition.(2) A certificated coxswain must be present on board the vessel at all times when it is underway.(3) Radar equipment fitted on the vessel must be used and operated by a certificated coxswain.(4) If for any reason it is not possible to operate the radar equipment fitted on the vessel, the coxswain of the vessel must as soon as practicable restore it or cause it to be restored to an effective operating condition.(5) If subsection (1) or (2) is contravened, each person specified in subsection (6) commits an offence if the person has no reasonable excuse for the contravention.(6) The persons are—(a) the owner of the vessel;(b) the owner’s agent; and(c) the coxswain of the vessel.(7) A person who commits an offence under subsection (5) is liable on conviction to a fine at level 3.(8) If subsection (3) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3.(9) If subsection (4) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1.(10) In this section—certificated coxswain (持證船長) means a holder of a local certificate of competency as a coxswain of a local vessel with an endorsement that the holder is competent in the use and operation of radar equipment. Division 3 Radiotelephone Equipment 33E. Application of Division 3 (1) This Division applies to a Class I vessel that is licensed to carry more than 12 passengers except—(a) a floating restaurant;(b) a stationary vessel;(c) a vessel to which Part 9 applies; or(d) a vessel the operating licence of which restricts the vessel to plying within a typhoon shelter.(1A) This Division also applies to— (a) a Class IV vessel that is licensed to carry 13 to 60 passengers and is let for hire or reward; and(b) a Class IV vessel that is licensed to carry more than 60 passengers. (L.N. 69 of 2020)(2) In an emergency affecting the safety of any person or property or the environment, compliance with any of the following is excused to the extent necessary to avoid endangering any person or property or the environment—(a) a provision of this Division;(b) a condition attached to an exemption granted under section 33I(4). 33F. Radiotelephone equipment (1) Radiotelephone equipment on board a vessel must at all times be maintained in a good working condition.(2) A certificated operator must be present on board the vessel at all times when it is underway.(3) If for any reason it is not possible to operate the radiotelephone equipment on board the vessel, the coxswain of the vessel must as soon as practicable restore it or cause it to be restored to an effective operating condition.(4) If subsection (1) or (2) is contravened, each person specified in subsection (5) commits an offence if the person has no reasonable excuse for the contravention.(5) The persons are—(a) the owner of the vessel;(b) the owner’s agent; and(c) the coxswain of the vessel.(6) A person who commits an offence under subsection (4) is liable on conviction to a fine at level 3.(7) If subsection (3) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1.(8) In this section— certificated operator (持證操作員) means a crew member of a vessel who holds a certificate of competency that— (a) is issued under section 32K of the Telecommunications Ordinance (Cap. 106); and (b) qualifies the crew member to operate the class of radiotelephone equipment on board the vessel. 33G. VHF radiotelephone communication (1) A VHF radiotelephone communication from a vessel must, so far as practicable, be made in accordance with the Radio Regulations.(2) A person on board a vessel in the waters of Hong Kong must not make an intership VHF radiotelephone communication except in accordance with section 10 of the Telecommunications Ordinance (Cap. 106).(3) If subsection (1) or (2) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2. 33H. VHF radiotelephone communication with vessel traffic centre (1) This section applies to a VHF radiotelephone communication made from a vessel to the vessel traffic centre.(2) The communication must be identified by the call sign “MARDEP” or “MARDEP, HONG KONG” and the name or call sign of the vessel.(3) Unless the Director permits otherwise, a communication from a vessel that is within a VHF sector described in column 2 of the First Schedule to the SAPCR must be made on the VHF channel specified in column 1 of that Schedule opposite to the sector.(4) If subsection (2) or (3) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2. 33I. Listening watch on radiotelephone (1) The coxswain of a vessel that is within a VHF sector described in column 2 of the First Schedule to the SAPCR must maintain continuous listening watch on the radiotelephone carried on board the vessel on the VHF channel specified in column 1 of that Schedule opposite to the sector.(2) Subsection (1) does not apply when—(a) a VHF radiotelephone communication to or from the vessel on that channel is in progress; or(b) it is not possible to operate the radiotelephone equipment for VHF radiotelephone communication on board a vessel due to malfunction of the equipment.(3) Subsection (1) also does not apply if—(a) the Director gives permission for communication by radiotelephone on another channel; and(b) the listening watch is maintained continuously on that other channel except when a VHF radiotelephone communication to or from the vessel on that other channel is in progress.(4) The Director may exempt the coxswain of a vessel from compliance with subsection (1) on request by—(a) the owner of the vessel;(b) the owner’s agent; or(c) the coxswain of the vessel.(5) A request for an exemption must include the reasons for making the request and a proposed alternative course of action to be taken instead of compliance with subsection (1).(6) The Director may grant an exemption only if the Director is satisfied, having regard to the circumstances pertaining to the vessel, that the exemption will not affect the safety of any person or property or the environment.(7) If subsection (1) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2.(8) If a condition attached to an exemption granted under subsection (4) is contravened without reasonable excuse, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3. Part 6 Cargo on Local Vessels 34. Stowage and securing of cargo (1) Any cargo carried by a local vessel shall be so loaded, stowed and secured as to minimize the risk to the safety of the vessel and the health and safety of any person on board the vessel.(2) Any cargo carried in a cargo unit on a local vessel shall be so packed and secured within the cargo unit as to minimize the risk to the safety of the vessel and the health and safety of any person on board the vessel.(3) Any heavy cargo or cargo with abnormal physical dimensions shall be so loaded on and transported within a local vessel as to—(a) minimize the risk of damage to the structure of the vessel; and(b) ensure that the vessel will retain sufficient stability and freeboard at all stages of a voyage in all probable sea conditions.(4) Any cargo carried by a local vessel shall be so loaded, stowed and secured as to prevent loss of the cargo overboard.(5) If subsection (1) or (4) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.(6) If subsection (2) is contravened, the shipper of the cargo commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.(7) If subsection (3) is contravened, the coxswain of the vessel and any member of the crew of the vessel who is in charge of loading cargo onto the vessel commit an offence and each of them is liable on conviction to a fine at level 3 and to imprisonment for 6 months.(8) In proceedings for an offence under subsection (5), (6) or (7), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.(9) In this section—cargo unit (貨物單元) means a unit of a number of items of cargo consolidated as such by means of a form of containment other than the structural cargo space of a vessel. (L.N. 247 of 2018)(L.N. 247 of 2018) 34A. Packing of dangerous goods in packaged form (1) No dangerous goods in packaged form may be delivered to a local vessel for carriage unless—(a) they are packed in accordance with Part 4 of the IMDG Code; and(b) the packaging of the goods has undergone the applicable performance test specified in Part 6 of the IMDG Code.(2) Dangerous goods in packaged form must not be taken on board a local vessel for carriage if the owner or coxswain of the vessel knows, or ought to know, that the goods are not packed in a way as to withstand the ordinary risk of carriage by sea.(3) If subsection (1) is contravened in relation to any dangerous goods, the shipper of the goods commits an offence.(4) If subsection (2) is contravened in relation to a local vessel, the owner and coxswain of the vessel each commits an offence.(L.N. 247 of 2018) 34B. Marking and labelling of dangerous goods in packaged form (1) For the purposes of this section, dangerous goods in packaged form are properly identified if—(a) the packages containing the goods are marked or labelled in accordance with Chapter 5.2 of the IMDG Code;(b) the marks or labels on the packages are affixed in accordance with Chapter 5.2 of the IMDG Code; and(c) for dangerous goods contained in a cargo transport unit—the cargo transport unit bears on its exterior distinctive placards or other appropriate marking in accordance with Chapter 5.3 of the IMDG Code.(2) The shipper of any dangerous goods in packaged form must not deliver the goods to a local vessel for carriage unless the goods are properly identified. (3) The owner or coxswain of a local vessel must not accept for carriage on, or take on board for carriage on, the vessel any dangerous goods in packaged form unless the goods are properly identified.(4) A shipper who contravenes subsection (2) commits an offence.(5) An owner or coxswain of a local vessel who contravenes subsection (3) commits an offence.(L.N. 247 of 2018) 34C. Dangerous goods declaration for dangerous goods in packaged form (1) The shipper of any dangerous goods in packaged form must— (a) provide the owner or coxswain of the local vessel on which the goods are to be carried with a dangerous goods declaration; or (b) if the shipper delivers the goods to the vessel or the owner’s agent through a forwarder—provide the forwarder with the declaration.(2) After receiving a dangerous goods declaration under subsection (1)(b), the forwarder must provide the owner or coxswain of the local vessel on which the dangerous goods are to be carried with the declaration.(3) The owner or coxswain of a local vessel must not accept for carriage on, or take on board for carriage on, the vessel any dangerous goods in packaged form unless the owner or coxswain has received a dangerous goods declaration in respect of the goods.(4) A dangerous goods declaration must contain—(a) all information relating to the dangerous goods concerned required by Chapter 5.4 of the IMDG Code; and(b) a statement required by Chapter 5.4 of the IMDG Code.(5) A shipper—(a) who contravenes subsection (1); or(b) who provides a dangerous goods declaration that the shipper knew, or ought to have known, to be false,commits an offence.(6) A forwarder—(a) who contravenes subsection (2); or(b) who provides a dangerous goods declaration that the forwarder knew, or ought to have known, to be false, commits an offence.(7) An owner or coxswain of a local vessel who contravenes subsection (3) commits an offence.(L.N. 247 of 2018) 34D. Packing certificates for dangerous goods in packaged form (1) The person responsible for packing any dangerous goods in packaged form into a cargo transport unit for carriage on a local vessel must, after the packing, provide the owner or coxswain of the vessel with a signed packing certificate in accordance with Chapter 5.4 of the IMDG Code.(2) A packing certificate may be combined with the dangerous goods declaration made in respect of the dangerous goods concerned.(3) The owner, owner’s agent or coxswain of a local vessel must not accept for carriage on, or take on board for carriage on, the vessel a cargo transport unit containing dangerous goods unless—(a) subsection (1) has been complied with in relation to the goods; or(b) the owner, owner’s agent or coxswain is otherwise satisfied that the goods have been packed in the cargo transport unit in accordance with Chapter 5.4 of the IMDG Code.(4) A person who contravenes subsection (1) or (3) commits an offence.(L.N. 247 of 2018) 34E. Stowage of dangerous goods in packaged form etc. (1) Dangerous goods in packaged form taken on board a local vessel for carriage must be stowed, segregated and secured in accordance with Part 7 of the IMDG Code.(2) If—(a) dangerous goods in packaged form taken on board a local vessel for carriage are contained in a cargo transport unit; and (b) the cargo transport unit was loaded after the goods left the premises or control of the shipper,the person responsible for the loading must ensure that the goods are stowed, segregated and secured in the cargo transport unit in accordance with Part 7 of the IMDG Code.(3) If subsection (1) is contravened in relation to a local vessel, the owner and coxswain of the vessel each commits an offence.(4) A person who fails to comply with subsection (2) commits an offence.(L.N. 247 of 2018) 34F. Special list, manifest or stowage plan for dangerous goods in packaged form (1) The coxswain of a local vessel carrying dangerous goods in packaged form must ensure that there are on board the vessel—(a) a special list, manifest or stowage plan setting out the details that are obtained from the shipping documents submitted by the shipper of the goods required by Chapters 5.4 and 5.5 of the IMDG Code; and(b) additional special documents required by Chapter 5.4 of the IMDG Code for carrying dangerous goods in packaged form on the vessel.(2) A copy of the special list, manifest or stowage plan referred to in subsection (1)(a) must be submitted to the Director before the vessel departs from Hong Kong.(3) The special list, manifest or stowage plan and additional special documents required under subsection (1) must be kept available for reference or inspection on board the vessel until the dangerous goods concerned have been discharged from the vessel. (4) A coxswain of a local vessel who contravenes subsection (1) commits an offence.(5) If subsection (2) is contravened in relation to a local vessel, the owner and coxswain of the vessel each commits an offence.(6) If subsection (3) is contravened in relation to a local vessel, the coxswain of the vessel commits an offence.(L.N. 247 of 2018) 34G. Carriage of explosives (1) Explosives that the owner or coxswain of a local vessel knows or ought to know present a serious risk when carried on the vessel must not be taken on board the vessel for carriage unless the explosives are stowed and segregated in accordance with the IMDG Code.(2) If subsection (1) is contravened in relation to a local vessel, the owner and coxswain of the vessel each commits an offence.(3) In this section—explosives (爆炸品) means the articles and substances contained in Class 1 of the IMDG Code.(L.N. 247 of 2018) 34H. Penalties for offences under sections 34A, 34B, 34C, 34D, 34E, 34F and 34G A person who commits an offence under section 34A, 34B, 34C, 34D, 34E, 34F or 34G is liable—(a) on summary conviction—to a fine at level 3; or (b) on conviction on indictment—to a fine at level 3 and, in the case of an individual, to imprisonment for 1 year.(L.N. 247 of 2018) 34I. Defences for offences under sections 34A, 34B, 34C, 34D, 34E, 34F and 34G (1) In any proceedings for an offence under section 34A, 34B, 34C, 34D, 34E, 34F or 34G brought in relation to any dangerous goods or explosives, it is a defence for the defendant to show that the defendant took all reasonable steps to ensure compliance with the section.(2) In any proceedings for an offence under section 34B, 34C, 34D, 34E or 34F brought in relation to any dangerous goods, it is a defence for the defendant to show that the defendant—(a) neither knew nor ought to have known; or(b) had no reasonable grounds to suspect, that the goods were dangerous goods.(L.N. 247 of 2018) 34J. Offences due to fault of another person (1) If the commission by a person (Person A) of an offence under section 34A, 34B, 34C, 34D, 34E, 34F or 34G is due to the act or default of another person (Person B), then Person B also commits the offence. (2) Person B may be charged with and convicted of an offence under this section whether or not proceedings are taken against Person A.(L.N. 247 of 2018) 35. Record of cargo on board (1) Where any cargo is carried by a local vessel entering or leaving the waters of Hong Kong, a complete and accurate record in writing containing the information specified in subsection (2) shall be kept on board the vessel while the vessel is underway in the waters of Hong Kong.(2) The information specified for the purposes of subsection (1) shall be—(a) a description of the cargo;(b) the quantity, volume and weight of the cargo;(c) the port at which the cargo was loaded onto the vessel;(d) the stowage location of the cargo on board the vessel;(e) the identification number of the container (if any) in which the cargo is contained;(f) the port at which the cargo is to be unloaded from the vessel; and(g) such other particulars as the Director may reasonably require.(3) The coxswain of a local vessel shall, upon request by an authorized officer, produce any record kept under subsection (1) for inspection.(4) If subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2.(5) In proceedings for an offence under subsection (4), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.(6) The coxswain of a local vessel who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 2.(7) In this section, cargo (貨物) does not include passengers’ baggage. 36. Retrieval of overboard cargo (1) Where any cargo on a local vessel is overboard, the owner of the vessel, his agent and the coxswain of the vessel shall ensure that the cargo is retrieved from the sea as soon as practicable after any one of them becomes aware that the cargo has been overboard.(2) Where the Director is aware that any cargo on a local vessel has been overboard, he may give a direction to the owner of the vessel, his agent or the coxswain of the vessel for the retrieval of the cargo from the sea within such reasonable time as may be specified in the direction.(3) A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 2.(4) In proceedings for an offence under subsection (3), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.(5) A person who contravenes a direction given under subsection (2) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year. Part 7 Display of Lights and Signals 37. Vessels handling explosives or flammable liquids (1) Without limiting the Dangerous Goods (Shipping) Regulation 2012 (Cap. 295 sub. leg. F), a local vessel on which explosives are being handled must— (29 of 2021 s. 63)(a) if they are being handled between sunrise and sunset, fly signal “B” as specified in the International Code of Signals published by the International Maritime Organization at the fore masthead; and(b) if they are being handled between sunset and sunrise, exhibit an all-round red light at a height of not less than 6 m above the uppermost deck, and such light must be of such intensity as to be visible in clear atmosphere on a dark night at a distance of at least one nautical mile. (29 of 2021 s. 63)(2) Without limiting the Dangerous Goods (Shipping) Regulation 2012 (Cap. 295 sub. leg. F), a local vessel on which flammable liquid having a flash point not exceeding 60°C (Closed Cup Test) is being handled must— (L.N. 186 of 2016; 29 of 2021 s. 63)(a) if it is being handled between sunrise and sunset, fly a red flag of not less than one metre square with a white circular centre 150 mm in diameter at the fore masthead; and(b) if it is being handled between sunset and sunrise, exhibit an all-round red light at a height of not less than 6 m above the uppermost deck, and such light must be of such intensity as to be visible in clear atmosphere on a dark night at a distance of at least one nautical mile. (29 of 2021 s. 63)(3) If subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(4) In this section—all-round red light (環照紅燈) means a red light showing an unbroken red light over an arc of the horizon of 360°;handle (處理) means the carrying out of any operation connected with loading, unloading, stacking, stowing or restowing. 38. Use of lights (1) Subject to subsection (2), no person may use a light on or from a local vessel in the waters of Hong Kong in a manner which is likely to interfere with the safe operation of any other vessel or any aircraft.(2) Subsection (1) does not apply to a public officer who is performing his official duties in good faith.(3) A person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2. 39. Control of bright light fishing (1) No person may within the waters of Hong Kong use a bright light on or from any local vessel for the purpose of fishing or attracting fish except in the areas specified in Part II of the Eleventh Schedule to the SAPCR and in accordance with subsections (2) and (3).(2) A bright light shall be exhibited not less than 2 m below any light exhibited in accordance with the collision regulations.(3) A bright light shall be so constructed, shaded, installed and used that no light emitted from it shall be visible, whether directly or by reflection from any source other than sea surface, above a horizontal plane passing through the lowest edge of the light source.(4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2. Part 8 Regulation, Control and Use of Paragraph (e) Vessels 40. Permit to remain to be obtained for paragraph (e) vessels (1) Where a paragraph (e) vessel enters the waters of Hong Kong, the owner of the vessel, his agent or the coxswain of the vessel shall, as soon as practicable and in any event not later than 24 hours after it has entered those waters, apply for a permit to remain in respect of the vessel in accordance with section 41, unless a permit to remain has been granted in respect of the vessel and is valid for the period during which the vessel is expected to remain in those waters.(2) A paragraph (e) vessel which has entered the waters of Hong Kong shall not remain in those waters unless a permit to remain has been granted in respect of the vessel and is valid for the period during which the vessel remains in those waters.(3) Where an application has been made in accordance with subsection (1) in respect of a paragraph (e) vessel, subsection (2) does not apply to the vessel until a permit to remain is granted in respect of the vessel or the applicant is notified of the refusal of the application.(4) Subsection (2) does not apply to a paragraph (e) vessel which is departing the waters of Hong Kong.(5) If without reasonable excuse subsection (1) or (2) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 4 and to imprisonment for 1 year. 41. Application for permit to remain (1) An application for a permit to remain in respect of a paragraph (e) vessel shall be made—(a) to the Director in the specified form; and(b) by the owner of the vessel, his agent or the coxswain of the vessel.(2) The reference to “agent” in subsection (1)(b) is a reference to an agent whose appointment has been notified under section 51(1).(3) The Director may grant a permit to remain in respect of a paragraph (e) vessel if he is satisfied that it is appropriate to grant the permit having regard to—(a) the provisions of the Ordinance and of regulations made under the Ordinance;(b) the condition of the vessel so far as it is relevant to seaworthiness or to any risk of pollution;(c) the safety, health and welfare of persons employed or engaged in any capacity on board the vessel; and(d) any other matter of public interest.(4) If the Director refuses an application for the grant of a permit to remain, he shall notify the applicant of the refusal and the reason for the refusal.(5) The Director may, having regard to the matters referred to in subsection (3)(a), (b), (c) and (d), attach any condition to a permit to remain as he sees fit.(6) A permit to remain granted in respect of a paragraph (e) vessel may specify—(a) its validity period;(b) the maximum number of occasions the permit may be used during the validity period;(c) the maximum number of hours the vessel may remain in the waters of Hong Kong on each such occasion; and(d) the minimum interval of time that must lapse between any 2 such occasions. 42. Application for renewal of permit to remain (1) A permit to remain granted in respect of a paragraph (e) vessel may be renewed upon an application made—(a) to the Director in writing; and(b) by the owner of the vessel, his agent or the coxswain of the vessel.(2) The reference to “agent” in subsection (1)(b) is a reference to an agent whose appointment has been notified under section 51(1).(3) The Director may renew a permit to remain granted in respect of a paragraph (e) vessel if he is satisfied that it is appropriate to renew the permit having regard to the matters referred to in section 41(3)(a), (b), (c) and (d).(4) If the Director refuses an application for the renewal of a permit to remain, he shall notify the applicant of the refusal and the reason for the refusal. 43. Duplicate copy of permit to remain (1) The Director may, upon an application made to him in writing, grant a duplicate copy of a permit to remain if he is satisfied that the permit has been accidentally destroyed, defaced or lost.(2) A duplicate copy of a permit to remain granted under subsection (1) shall be endorsed in a conspicuous place with the English word “DUPLICATE” and the Chinese characters “複本”.(3) A duplicate copy of a permit to remain granted under subsection (1) is to be regarded as a permit granted under section 41(3). 44. Prescribed fees payable for grant, etc. of permit to remain A person who applies for—(a) a permit to remain;(b) the renewal of a permit to remain; or(c) a duplicate copy of a permit to remain,shall pay to the Director the prescribed fee upon demand from the Director. 45. Contravention of permit conditions If without reasonable excuse any condition attached to a permit to remain is contravened, the owner of a paragraph (e) vessel in respect of which the permit is granted, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3. 46. Revocation of permit to remain (1) If, in relation to a paragraph (e) vessel in respect of which a permit to remain has been granted, the Director believes on reasonable grounds that—(a) any condition attached to the permit has been contravened; or(b) any provision of the Ordinance or of any regulation made under the Ordinance has been contravened,the Director may, without prejudice to section 45, by notice in writing given to the owner of the vessel, his agent or the coxswain of the vessel, revoke the permit.(2) The notice referred to in subsection (1) shall specify—(a) the reason for revoking the permit to remain; and(b) the date on which the revocation is to take effect. 47. Appeal against refusal to grant permit to remain, etc. (1) Where the Director has made a decision to—(a) refuse an application under section 41(4);(b) refuse an application under section 42(4); or(c) revoke a permit to remain under section 46(1),the aggrieved person may appeal against the decision to the Administrative Appeals Board.(2) An appeal under subsection (1) may be made within 14 days after the aggrieved person has received notice of the decision.(3) A decision which is appealed against under subsection (1) shall cease to take effect until the appeal is disposed of, withdrawn or abandoned unless—(a) the Director is of the opinion that the decision shall continue to take effect on grounds of safety or public interest; and(b) the notice of the decision—(i) contains a statement of the opinion referred to in paragraph (a); and(ii) states the ground on which that opinion is based.(4) In this section, aggrieved person (感到受屈的人)—(a) in the case of the refusal of an application under section 41(4) or 42(4), means the owner of the vessel in respect of which the application was made, his agent or the coxswain of the vessel; or(b) in the case of the revocation of a permit to remain under section 46(1), means the owner of the vessel in respect of which the permit to remain was granted, his agent or the coxswain of the vessel. 48. Duty to keep permit to remain on board, etc. (1) A permit to remain granted in respect of a paragraph (e) vessel shall be kept on board the vessel at all times when the vessel is in the waters of Hong Kong.(2) If without reasonable excuse subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2.(3) The coxswain of a paragraph (e) vessel in respect of which a permit to remain has been granted shall, upon request by an authorized officer, produce the permit for inspection.(4) The coxswain of a paragraph (e) vessel who without reasonable excuse contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 2. 49. Prohibition of entry without insurance (1) A paragraph (e) vessel shall not enter the waters of Hong Kong unless there is in force in relation to the use of the vessel in those waters such insurance as complies with section 50(1).(2) If subsection (1) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 4 and to imprisonment for 1 year. 50. Requirements in respect of insurance (1) For the purposes of section 49, an insurance shall be a policy of insurance or an indemnity arrangement under which the owner of a paragraph (e) vessel is insured or is provided with a right of indemnity in respect of such liability as is required to be covered by a policy of insurance under section 23D(1)(c) and (2) of the Ordinance as read together with section 23D(3) of the Ordinance.(2) For the purposes of subsection (1), in section 23D(1)(c), (2) and (3) of the Ordinance—(a) the reference to local vessels is to be regarded as a reference to paragraph (e) vessels;(b) a reference to policy or policy of insurance includes a reference to indemnity arrangement;(c) the reference to the insured or a person insured includes a reference to a person who is provided with a right of indemnity under an indemnity arrangement; and(d) the reference to the insurer includes a reference to a person who provides a right of indemnity under an indemnity arrangement.(3) The Director may issue instructions or directions with respect to the requirement for insurance under section 49(1). 51. Notice of appointment of agent (1) Where the owner of a paragraph (e) vessel has appointed a person to be his agent, the owner or the agent may, for the purpose of an application under section 3(1) (application for arrival clearance), 6(1) (application for port clearance), 41(1) (application for permit to remain) or 42(1) (application for renewal of permit to remain), notify the Director of the appointment by giving the Director a notice in writing which complies with subsection (2), together with sufficient means of identification of the agent.(2) A notice given under subsection (1) shall contain—(a) the name of the vessel;(b) the name of the owner;(c) the name, telephone number and address in Hong Kong of the person appointed to be the agent;(d) a statement by the owner that he has appointed the person to be his agent;(e) a statement by the person that he has accepted the appointment to be the agent of the owner;(f) the date of the appointment; and(g) the signature or (if applicable) the company seal of the owner and the signature or (if applicable) the company seal of the agent.(3) If there is any change in a particular referred to in subsection (2)(a), (b) or (c) contained in a notice given under subsection (1), the person who gave the notice shall, within 7 days after the change, give written notice of the change to the Director.(4) A person who without reasonable excuse contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1.(5) In this section, sufficient means of identification (足以識別身分的資料) includes—(a) in relation to an individual holding a valid identity card, the identity card;(b) in relation to a company as defined by section 2(1) of the Companies Ordinance (Cap. 622), the certificate of incorporation issued in respect of the company under the Ordinance under which the company was formed and registered; or (28 of 2012 ss. 912 & 920)(c) in relation to a registered non-Hong Kong company as defined by section 2(1) of the Companies Ordinance (Cap. 622), the certificate of registration issued in respect of the company under the Ordinance under which the company was registered as a registered non-Hong Kong company. (28 of 2012 ss. 912 & 920) 52. Termination of appointment of agent (1) Where the owner of a paragraph (e) vessel has appointed a person as his agent and the appointment is subsequently terminated for any reason, the owner and the person shall each forthwith give notice of the termination which complies with subsection (2) to the Director.(2) A notice given under subsection (1) shall be in writing and signed by, or (if applicable) stamped with the company seal of, the person who gives the notice.(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2.(4) The Director shall, as soon as practicable after receipt of notice of termination given under subsection (1), give an acknowledgement of receipt in writing to the person who gave him the notice. 53. Change of ownership (1) This section applies to a paragraph (e) vessel in respect of which a permit to remain is in force.(2) If the owner of a paragraph (e) vessel to which this section applies ceases to be such owner, he shall notify the Director of such fact in writing within 7 days of so ceasing.(3) If a person becomes the owner of a paragraph (e) vessel to which this section applies, he shall notify the Director of such fact in writing within 7 days of so becoming.(4) A person who without reasonable excuse contravenes subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 3. 54. Embarkation and loading, etc. (1) Except with the written permission of the Director, no embarkation or disembarkation of any person on or from a paragraph (e) vessel shall take place within the waters of Hong Kong.(2) Except with the written permission of the Director, no cargo shall be loaded onto or unloaded from a paragraph (e) vessel within the waters of Hong Kong.(3) Subsection (1) or (2) does not apply where the embarkation, disembarkation, loading or unloading (as the case may be) takes place at—(a) a pier;(b) a port; or(c) a special anchorage.(4) If without reasonable excuse subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2. 55. Display of name of vessel (1) The name of a paragraph (e) vessel shall at all times be painted on or permanently affixed to the vessel at a prominent location at each side of the deck housing or the hull of the vessel.(2) The name of a paragraph (e) vessel painted on or affixed to the vessel in accordance with subsection (1) shall not be obscured at any time.(3) If subsection (1) or (2) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 2.(4) In proceedings for an offence under subsection (3), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. Part 9 Vessel Traffic Service 56. Interpretation In this Part, unless the context otherwise requires—advice (報知) means advice communicated to a local vessel from an authorized officer at the vessel traffic centre, and identified by the call sign “MARDEP” or “MARDEP, HONG KONG”;calling-in point (召集站) means an identifiable position (whether so identifiable by reference to a lighthouse, light, buoy, pilot boarding station, island, headland or otherwise) within the waters of Hong Kong, and specified as such in the Tenth Schedule to the SAPCR;movement (移動), in relation to a local vessel in the waters of Hong Kong, means the movement of that vessel away from a berth, and move (移動) shall be construed accordingly;notification (知會) means a written document addressed to the Director, and notify (知會) shall be construed accordingly;pilot boarding station (領港員登船區) has the same meaning as in section 10A of the Pilotage Ordinance (Cap. 84); special condition (特殊狀況), in relation to a specified local vessel, means— (a) any abnormal stability; (b) any abnormal trimming, heeling or listing; (c) any deficiency in its propulsion, steering gear, anchor or windlass; (d) any breach of, or damage to, its hull which may affect its water-tight integrity; (e) any abnormal state of any cargo on it; or (f) the breakdown of its radar or other navigational equipment of a major nature; specified local vessel (指明本地船隻) means a local vessel specified in section 57(a), (b) or (c);standard marine navigation vocabulary (標準航海詞匯) means the Standard Marine Navigation Vocabulary adopted by the International Maritime Organization Assembly and currently in force;vessel not under command (失控船隻) has the same meaning as in Rule 3(f) of the Schedule to the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap. 369 sub. leg. N). (L.N. 186 of 2016)(L.N. 186 of 2016) 57. Application Unless expressly provided otherwise, this Part applies to—(a) a paragraph (e) vessel of over 300 gross tonnage;(b) a local vessel (other than one specified in paragraph (a)) required to participate in the vessel traffic service under a direction given under section 24 of the Ordinance; and(c) a local vessel (other than one specified in paragraph (a) or (b)) required to participate in the vessel traffic service under a condition attached to any licence or permit granted in respect of the vessel under the Ordinance or any regulation made under the Ordinance. 58. Possession of radiotelephone equipment (1) A specified local vessel shall have on board radiotelephone equipment for VHF radiotelephone communication which is capable of operation on any VHF channel.(2) The radiotelephone equipment shall at all times be maintained in good working condition and shall be available for operation on the navigational bridge of a vessel. 59. VHF radiotelephone communication (1) Any VHF radiotelephone communication required to be made by any person on a specified local vessel under this Part shall, so far as practicable, be communicated in accordance with the Radio Regulations.(2) Any VHF radiotelephone communication required to be made by any person on a specified local vessel under this Part shall be communicated to the vessel traffic centre and identified by the call sign “MARDEP” or “MARDEP, HONG KONG” and the name or call sign of the vessel.(3) Except with the permission of the Director, any VHF radiotelephone communication made under this Part by any person on a specified local vessel—(a) which is within any VHF sector described in column 2 of the First Schedule to the SAPCR; or(b) which is about to enter from any waters outside Hong Kong into the sector,shall not be communicated otherwise than on the VHF channel specified in column 1 of that Schedule opposite to the sector.(4) No intership VHF radiotelephone communication shall be made by any person on a local vessel in the waters of Hong Kong except in accordance with section 10 of the Telecommunications Ordinance (Cap. 106). 60. Permission to enter waters of Hong Kong (1) Before a specified local vessel or a paragraph (e) vessel of 300 gross tonnage or less enters the waters of Hong Kong, the owner of the vessel, his agent or the coxswain of the vessel shall—(a) apply to the Director by notification for permission for the vessel to enter those waters in accordance with subsection (2); and(b) provide in the notification the information specified in Schedule 3.(2) The application referred to in subsection (1) shall be made—(a) not less than 24 hours before the intended entry of the vessel into the waters of Hong Kong; or(b) where the vessel leaves its last port of call less than 24 hours before the intended entry, immediately after the vessel so leaves.(3) Where it is not possible to comply with subsection (1) by means of notification because of the proximity of the vessel’s last port of call to the waters of Hong Kong, the coxswain of the vessel shall, immediately after the vessel leaves that port on a course to enter those waters—(a) apply to the Director for permission for the vessel to enter those waters by a report; and(b) provide in the report the information specified in Schedule 3.(4) Upon an application made under this section for permission for a vessel to enter the waters of Hong Kong, the Director may—(a) give a direction under section 64(1)(a) of the Ordinance refusing the permission; or(b) grant the permission and, if necessary, provide the applicant with such information, or give him such direction (including any direction given under section 24 of the Ordinance), as the Director sees fit. 61. Initial report Where a specified local vessel is about to enter the waters of Hong Kong, the coxswain of the vessel shall, when the vessel is in the vicinity of the seaward limits of the vessel traffic service coverage, report the following information—(a) the name of the vessel;(b) the call sign of the vessel (if any);(c) the national colours of the vessel;(d) any material change to the information provided in respect of the vessel in accordance with section 60;(e) the present location of the vessel; and(f) such other information relating to navigational safety as the vessel traffic centre may reasonably require. 62. Pilot report When a pilot embarks on or disembarks from a specified local vessel, the coxswain of the vessel shall as soon as practicable report the embarkation or disembarkation and provide in the report the time of the embarkation or disembarkation and the present location of the vessel. 63. Arrival report When a specified local vessel arrives in the waters of Hong Kong, the coxswain of the vessel shall as soon as practicable report that arrival and provide in the report the time of that arrival and the present location of the vessel. 64. Movement report (1) Before a specified local vessel gets underway for a movement within the waters of Hong Kong, the coxswain of the vessel must—(a) report the intended movement;(b) request permission to move; and(c) provide in the report all the information specified in subsection (2).(2) The following information is specified for the purposes of subsection (1)(c)—(a) the name of the vessel;(b) the call sign of the vessel (if any);(c) the present location of the vessel;(d) the intended berth or other intended location of the vessel;(e) any special condition of the vessel;(f) such other information, including the intention of the coxswain of the vessel to undertake a seatrial during the movement, as the vessel traffic centre may reasonably require.(L.N. 178 of 2017) 65. (Repealed L.N. 178 of 2017) 66. (Repealed L.N. 178 of 2017) 67. Move finished report When a specified local vessel which is the subject of a report made under section 64 ceases to be underway at the berth or other location reported under section 64(2)(d), the coxswain of the vessel shall as soon as practicable— (L.N. 178 of 2017)(a) report the cessation of the movement of the vessel;(b) provide in the report the time of that cessation; and(c) report the present location of the vessel. 68. Departure report (1) Before a specified local vessel gets underway for a departure from the waters of Hong Kong, the coxswain of the vessel must—(a) report the intended departure;(b) request permission to depart; and(c) provide in the report all the information specified in subsection (2).(2) The following information is specified for the purposes of subsection (1)(c)—(a) the name of the vessel;(b) the call sign of the vessel (if any);(c) the present location of the vessel;(d) the number of the port clearance obtained for the vessel under section 6;(e) any special condition of the vessel;(f) such other information, including the intention of the coxswain of the vessel to undertake a seatrial before the departure, as the vessel traffic centre may reasonably require.(L.N. 178 of 2017) 69. (Repealed L.N. 178 of 2017) 70. (Repealed L.N. 178 of 2017) 71. Delay report If for any reason, at any time subsequent to the making of a report under section 64 or 68, the movement or departure (as the case may be) to which that report relates is delayed, the coxswain of the vessel shall as soon as practicable report the delay. 72. Special report (1) Where a specified local vessel is involved in an occurrence specified in section 57(1)(a), (b), (c), (d), (e) or (f) of the Ordinance, the coxswain of the vessel shall as soon as practicable report that occurrence, unless an oral report of the occurrence has already been made to the Director under section 57(1) of the Ordinance.(2) When a specified local vessel which is underway in the waters of Hong Kong becomes a vessel not under command, the coxswain of the vessel shall as soon as practicable report that condition.(3) When a specified local vessel which is the subject of a report made under subsection (2) ceases to be a vessel not under command, the coxswain of the vessel shall as soon as practicable report that condition.(4) When a specified local vessel which is underway in the waters of Hong Kong encounters any incident involving dangerous goods, the coxswain of the vessel shall as soon as practicable report the incident. 73.

Language of reports and vocabulary of communications (1) A report made under this Part shall be made in English or Chinese.(2) A report made under this Part shall, so far as practicable, make use of the terms, phrases and expressions contained in the standard marine navigation vocabulary. 74. Reference to time Where reference to time is made in any report made under this Part, or in any communication made to the vessel traffic centre, the time shall be specified—(a) in Hong Kong Time; and(b) according to the 24-hour clock system. 75. Listening watch on radiotelephone (1) The coxswain of a specified local vessel which is within any VHF sector described in column 2 of the First Schedule to the SAPCR shall maintain continuous listening watch on the radiotelephone carried on board the vessel on the VHF channel specified in column 1 of that Schedule opposite to the sector.(2) Subsection (1) does not apply when—(a) a VHF radiotelephone communication to or from the vessel on that channel is in progress;(b) a permission is given by the Director in respect of the vessel to communicate by radiotelephone on another channel, in which event the listening watch shall be maintained continuously on that other channel, except when a VHF radiotelephone communication to or from the vessel on that other channel is in progress; or(c) an exemption is granted by the Director under section 79(1) to exempt the coxswain from maintaining continuous listening watch on the radiotelephone carried on board the vessel. 76. Directions from vessel traffic centre (1) Where the vessel traffic centre has, in view of the existence in the waters of Hong Kong of any of the matters specified in subsection (2), given a direction to the coxswain of any specified local vessel specifying the time when and the place where the vessel shall enter, move within or through, or depart from, those waters, the direction shall be complied with.(2) The matters specified for the purposes of subsection (1) are—(a) vessel traffic congestion;(b) danger to navigation;(c) adverse weather;(d) reduced visibility;(e) serious pollution; and(f) other hazardous conditions. 77. Observations report (1) If the coxswain of a specified local vessel within the waters of Hong Kong observes any circumstances adversely affecting, or likely to adversely affect, any other vessel or aid to navigation within those waters, he shall as soon as practicable report those circumstances.(2) If the coxswain of a specified local vessel within the waters of Hong Kong becomes aware of the existence within those waters of any of the matters specified in subsection (3), he shall as soon as practicable report the matter.(3) The matters specified for the purposes of subsection (2) are—(a) danger to navigation;(b) adverse weather;(c) reduced visibility;(d) serious pollution; and(e) other hazardous conditions. 78. Calling-in point report When a specified local vessel is in the vicinity of any calling-in point, the coxswain of the vessel shall as soon as practicable report the identity of the calling-in point and the position of the vessel in relation to the calling-in point. 79. Exemption from complying with this Part (1) The Director may upon request grant an exemption from compliance with any provision of or direction given under this Part in relation to a local vessel.(2) Where a request for the grant of an exemption under subsection (1) is made to the Director, the request shall include the reasons for making the request and a proposed alternative course of action to be taken in lieu of compliance with the provision or direction to which the request relates.(3) The Director shall only grant an exemption under subsection (1) if he is satisfied, having regard to the circumstances pertaining to the vessel, that the exemption will not affect the safety of any person or property, or the environment. 80. Application of this Part in emergencies (1) In any emergency affecting the safety of any person, property or the environment, compliance with any provision of or direction given under this Part, or any condition attached to an exemption granted under section 79(1), shall be excused to the extent necessary to avoid endangering any person, property or the environment.(2) Where the coxswain of a local vessel acts in reliance on subsection (1), he shall as soon as practicable report such act and the emergency which necessitates the carrying out of such act. 81. Advice from vessel traffic centre If at any time an authorized officer at the vessel traffic centre communicates any advice to the coxswain of a specified local vessel within the waters of Hong Kong in respect of circumstances or conditions relating to, or likely to relate to, the vessel, the coxswain of the vessel shall as soon as practicable report his intention in respect of that advice. 82. Failure of radiotelephone equipment (1) If for any reason it is not possible to operate the radiotelephone equipment for VHF radiotelephone communication carried on board a specified local vessel, the coxswain of the vessel shall as soon as practicable restore it or cause it to be restored to effective operating condition.(2) During the time it is not possible to operate the radiotelephone equipment for VHF radiotelephone communication carried on board a specified local vessel—(a) compliance with section 75(1) is not required; (L.N. 178 of 2017)(b) subject to paragraph (c), compliance with section 61, 62, 63, 64, 67, 68, 71, 72, 77, 78, 80(2) or 81 (prescribed section) is not required; and (L.N. 178 of 2017)(c) if it is possible for the coxswain of the vessel to make the report required by a prescribed section by telephone or another means—(i) compliance with the prescribed section is required; and(ii) it is sufficient compliance with the requirement under the prescribed section to make a report on a VHF channel if the report is instead made by telephone or the other means. (L.N. 178 of 2017)(3) The coxswain of a specified local vessel shall as soon as practicable inform the Director or the vessel traffic centre—(a) when it is not possible to operate the radiotelephone equipment carried on board the vessel; and(b) when such radiotelephone equipment is restored to effective operating condition. 83. Offences under this Part (1) If without reasonable excuse section 58(1) or (2) or 60(1) or (3) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 5.(2) If without reasonable excuse section 62, 63, 64, 67, 68, 71, 78, 81 or 82(1), (2)(b) or (3) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3. (L.N. 178 of 2017)(3) If without reasonable excuse section 59(1), (2), (3) or (4), 61, 72(1), (2), (3) or (4), 75(1), 77(1) or (2) or 80(2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 4.(4) If without reasonable excuse a direction given under section 76 or a condition attached to an exemption granted under section 79(1) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3.(5) If without reasonable excuse section 73(1) or (2) or 74 is contravened, the coxswain of the vessel to which the report relates commits an offence and is liable on conviction to a fine at level 3.(6) Where a specified local vessel which is the subject of a report made under section 64 commences the intended movement without permission from the vessel traffic centre, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3. (L.N. 178 of 2017)(7) Where a specified local vessel which is the subject of a report made under section 68 commences the intended departure without permission from the vessel traffic centre, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3. (L.N. 178 of 2017) Part 10 Control of Activities in Waters of Hong Kong 84. Not to use drags, etc. (1) Except with the written permission of the Director, no drag, grappling or other device shall be used by any person on a local vessel for the purpose of lifting any article or thing other than fish or shellfish from the seabed.(2) No drag, grappling or other similar device shall be used by any person on a local vessel for any purpose within any cable reserve.(3) If subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 2.(4) In proceedings for an offence under subsection (3), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.(5) Where a conviction is entered in respect of an offence under subsection (3), the court or magistrate may, in addition to any penalty that may be imposed, order that any article or thing lifted from the seabed in contravention of subsection (1) or (2) be forfeited to the Government. 85. Unloading and storage of logs and timber (1) Except with the permission of the Director, no log or other timber (other than sawn timber) shall be loaded onto or unloaded from a local vessel from or onto any waterfront or seawall within the waters of Hong Kong, other than within the limits of a privately owned or leased waterfront or seawall.(2) Except with the permission of the Director, no log or other timber shall be unloaded from a local vessel into the waters of Hong Kong other than in a timber storage pound.(3) Except with the permission of the Director, no log or other timber (other than sawn timber) shall be unloaded from a local vessel onto another vessel (whether or not a local vessel) in the waters of Hong Kong.(4) A local vessel shall not be used to tow any log in the waters of Hong Kong other than in a timber storage pound.(5) If subsection (1), (2) or (4) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3 and to imprisonment for 6 months.(6) If subsection (3) is contravened—(a) the owner of the local vessel from which any log or other timber is unloaded, his agent and the coxswain of the vessel; and(b) the owner of the vessel onto which the log or timber is unloaded, his agent and the coxswain or person in charge or command of the vessel,commit an offence and each of them is liable on conviction to a fine at level 3 and to imprisonment for 6 months.(7) In proceedings for an offence under subsection (5) or (6), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.(8) In this section, timber storage pound (貯木所) means an area of the waters of Hong Kong approved under regulation 58 of the SAPCR for the storage of logs and other timber. 86. Conducting seatrials (1) This section applies to—(a) a paragraph (e) vessel; and(b) any other local vessel required under the Ordinance or any regulation made under the Ordinance to participate in the vessel traffic service. (L.N. 186 of 2016)(2) Except with the permission of the Director, no seatrial for a vessel to which this section applies shall be conducted in the waters of Hong Kong.(3) If subsection (2) is contravened, the owner of the vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3. 87. Control over racing events (1) Except with the permission of the Director, no person may hold or organize in the waters of Hong Kong a specified racing event which interferes with, or is likely to interfere with, the navigation of any vessel or the safety of any person in those waters.(2) Where a specified racing event is held in any part of the waters of Hong Kong, the Director may, for the safety of persons—(a) prohibit or regulate all traffic in the vicinity of or upon that part of the waters; and(b) give the organizer of, and any person taking part in, the event such direction as he sees fit.(3) A person who contravenes subsection (1) or any prohibition or direction referred to in subsection (2) commits an offence and is liable on conviction to a fine at level 1.(4) In this section, specified racing event (指明競賽活動) means—(a) a boat race or any other similar event; or(b) a swimming race or any other similar event. 88. Control over gathering of vessels in waters of Hong Kong (1) Any person who intends to hold a gathering of vessels including local vessels in or upon any part of the waters of Hong Kong shall give notice of the gathering in writing to the Director.(2) A notice given under subsection (1) in respect of a gathering of vessels shall be given not less than 7 days (excluding Sundays and general holidays) before the date on which the gathering is intended to be held.(3) A notice given under subsection (1) in respect of a gathering of vessels shall include the following information—(a) the name, address and telephone number of the person organizing the gathering;(b) the purpose and subject matter of the gathering;(c) the date, time of commencement, and duration, of the gathering;(d) the route to be taken by the vessels comprising the gathering;(e) a detailed programme of the activities to be carried out in connection with the gathering; and(f) such other information as the Director may reasonably require for the purpose of regulating all traffic in the vicinity of or upon that part of the waters of Hong Kong where the gathering is intended to be held.(4) Where a person has given a notice of a gathering of vessels under subsection (1), the Director may, by notice in writing served on the person, for the avoidance of accidents and the safety of persons, impose such conditions in respect of the gathering as the Director sees fit.(5) A condition imposed under subsection (4) in respect of a gathering of vessels shall be related to either or both of—(a) the time of commencement and duration of the gathering;(b) the route to be taken by the vessels comprising the gathering.(6) A person who has been served with a notice in respect of a gathering of vessels by the Director under subsection (4) shall, before the commencement of the gathering, cause any condition imposed under that subsection to be made known to each of the coxswains or persons in charge or command of the vessels comprising the gathering.(7) The coxswain of a local vessel shall not participate in a gathering of vessels including local vessels if he knows, or ought reasonably to know, that no notice under subsection (1) has been given in respect of the gathering.(8) A person who without reasonable excuse contravenes subsection (1), (6) or (7) or any condition imposed under subsection (4) commits an offence and is liable on conviction to a fine at level 1.(9) In this section, gathering of vessels (船隻聚集活動) means any gathering of 3 or more vessels for a purpose other than routine navigation, but does not include any such gathering—(a) for the purpose of embarking or disembarking passengers;(b) for the purpose of loading or unloading cargo;(c) for any social or recreational purpose; or(d) for engaging in civil works. 89. Control over water-skiing, etc. (1) The Director may prohibit within any area of the waters of Hong Kong any local vessel from towing any person (whether or not he is riding on any planing device).(2) The Director shall notify the imposition of a prohibition under subsection (1) by notice published in the Gazette and in any other manner as he sees fit.(3) The coxswain of a local vessel being used for towing any person (whether or not he is riding on any planing device) shall be accompanied, on the vessel, by another person who is—(a) not below 18 years of age; and(b) assigned by the coxswain with the duty of informing the coxswain of any accident occurring to the person being towed.(4) If subsection (3) or a prohibition imposed under subsection (1) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1.(5) In this section, planing device (水面滑行裝置) means a water-ski, a wakeboard, an aquaplane or any other similar object. 90. Control over fishing (1) No person on a local vessel may fish by purse net, seine net, drift net, trawl, cage trap, hand line or long line in any prohibited fishing area specified in Part I of the Eleventh Schedule to the SAPCR.(2) If subsection (1) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 1.(3) In proceedings for an offence under subsection (2), it is a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. 91. Control over bunkering activities (1) Except with the permission of the Director, no bunker shall be delivered—(a) from a local vessel to any other vessel; or(b) to a local vessel from any other vessel.(2) Subsection (1) does not apply if—(a) the vessel from which bunker is delivered is a vessel constructed or adapted for the carriage of petroleum product in bulk or fuel in bulk; and (27 of 2024 s. 28)(b) either of the following conditions is satisfied—(i) the vessel from which bunker is delivered is anchored or moored to a mooring buoy in an area specified in Schedule 4;(ii) the vessel to which bunker is delivered is berthed alongside a pier or anchored or moored within a special anchorage or the area of the waters of Hong Kong declared under section 56 of the Shipping and Port Control Ordinance (Cap. 313) as Victoria port.(3) If subsection (1) is contravened—(a) the owner of the vessel from which bunker is delivered, his agent and the coxswain or person in charge or command of the vessel; and(b) the owner of the vessel to which bunker is delivered, his agent and the coxswain or person in charge or command of the vessel,commit an offence and each of them is liable on conviction to a fine at level 5 and to imprisonment for 6 months.(L.N. 265 of 2006) Part 10A Requirements relating to Passenger Safety during Major Events at Sea (Part 10A added L.N. 155 of 2019) 91A. Interpretation In this Part—adult (成人), in relation to a child on board a local vessel, does not include the coxswain or a crew member of the vessel;child (兒童) means a person under the age of 12 years;infant (嬰兒) means a child under the age of 2 years;specified area (指明範圍) means an area of the waters of Hong Kong specified by the Director in a notice under section 91C(2)(a);specified period (指明期間), in relation to a specified area, means the period specified by the Director in a notice under section 91C(2)(b) for that area. 91B. Application of Part 10A (1) This Part applies in relation to a local vessel that is licensed to carry passengers. (2) However, this Part does not apply in relation to a local vessel that— (a) is made fast to the shore;(b) is in use for a franchised service or licensed service under the Ferry Services Ordinance (Cap. 104); or(c) is berthed, moored, anchored or secured in a typhoon shelter. 91C. Director may issue instructions or directions by way of notice (1) The Director may issue instructions or directions by way of a notice for the purposes of a major event at sea.(2) The Director may specify in the notice for the purposes of the event—(a) an area of the waters of Hong Kong; and(b) a period in relation to the specified area.(3) The Director must publish the notice on the website of the Marine Department or in any other way appropriate to bring it to the notice of the persons affected by it.(4) A notice issued under subsection (1) is not subsidiary legislation.(5) In this section—major event at sea (大型海上活動) means a presence of local vessels in an area of the waters of Hong Kong that, in the opinion of the Director, may substantially increase the risk of a marine accident. 91D. Child to be accompanied by adult to be on board (1) This section applies in relation to a local vessel that is present in a specified area during the specified period.(2) The coxswain of the vessel must not allow a child to be on board the vessel unless the child is accompanied by an adult.(3) The coxswain of a local vessel who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.(4) It is a defence for a person charged with an offence under subsection (3) to establish that at the time of the alleged offence the person had a reasonable excuse for the contravention. 91E. Distribution of suitable lifejacket etc. (1) This section applies if—(a) a child is on board a local vessel that has been present in a specified area before the specified period and remains in the area when the period begins; (b) a child is on board a local vessel that is to enter a specified area during the specified period; or(c) a child boards a local vessel that is present in a specified area during the specified period.(2) The coxswain of the vessel must take the actions specified in subsection (3) in the circumstances referred to in—(a) subsection (1)(a)—as soon as practicable after the period begins;(b) subsection (1)(b)—before the vessel enters the area; and(c) subsection (1)(c)—as soon as practicable after the child boards the vessel.(3) The actions are—(a) in relation to the child on board the vessel— (i) to distribute a lifejacket suitable for the child to an adult accompanying the child; and(ii) to take reasonable steps to demonstrate to the adult how the lifejacket should be worn by the child; and (b) to take reasonable steps to remind the adult of the requirements under section 91F(2) and (3).(4) The coxswain of a local vessel who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2. (5) It is a defence for a person charged with an offence under subsection (4) to establish that at the time of the alleged offence the person had a reasonable excuse for the contravention. 91F. Requirements to be complied with by adult accompanying child on board (1) This section applies in relation to a local vessel that is present in a specified area during the specified period. (2) If an adult accompanies a child (other than an infant) on board the vessel, the adult must ensure that the child wears a suitable lifejacket on board the vessel at all times.(3) If an adult accompanies an infant on board the vessel, the adult must ensure that the safety of the infant would not be prejudiced by not wearing a suitable lifejacket on board the vessel.(4) An adult who contravenes subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 2.(5) It is a defence for a person charged with an offence under subsection (4) to establish that at the time of the alleged offence the person had a reasonable excuse for the contravention. 91G. List of all persons on board (1) For a local vessel that is present in a specified area during the specified period, the coxswain of the vessel must— (a) keep a list that contains, in respect of all persons on board the vessel during the period, the particulars specified in subsection (2); and (b) produce the list for inspection on request by an authorized officer.(2) The particulars are—(a) for a person who is not a child—the full name of the person; and(b) for a child—the full name and age of the child and—(i) if the child is accompanied by only one adult on board the vessel—the full name of the adult; or (ii) if the child is accompanied by more than one adult on board the vessel—the full name of any one of the adults.(3) The coxswain of a local vessel who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2.(4) It is a defence for a person charged with an offence under subsection (3) to establish that at the time of the alleged offence the person had a reasonable excuse for the contravention. 91H. Giving of particular to coxswain or other crew members (1) This section applies to a person (other than a child) who—(a) boards or remains on board a local vessel that is present in a specified area during the specified period; or (b) seeks to board or remains on board a local vessel that is to be present in a specified area during the specified period.(2) The person must give the particular specified in section 91G(2)(a) to the coxswain or a crew member of the vessel if so requested by the coxswain or the crew member.(3) A person commits an offence if the person—(a) fails to give the particular in accordance with subsection (2); or (b) in purported compliance with subsection (2), gives any false particular.(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 2.(5) It is a defence for a person charged with an offence under subsection (3)(a) to establish that at the time of the alleged offence the person had a reasonable excuse for failing to give the particular.(6) It is a defence for a person charged with an offence under subsection (3)(b) to establish that at the time of the alleged offence the person had a reasonable excuse for giving the false particular. 91I. Giving of particulars to coxswain or other crew members by adult who accompanies child (1) This section applies to an adult who—(a) accompanies a child who boards or remains on board a local vessel that is present in a specified area during the specified period; or (b) seeks to accompany a child who is to board or remains on board a local vessel that is to be present in a specified area during the specified period.(2) The adult must, for the child, give the particulars specified in section 91G(2)(b) to the coxswain or a crew member of the vessel if so requested by the coxswain or the crew member.(3) An adult commits an offence if the adult—(a) fails to give the particulars in accordance with subsection (2); or(b) in purported compliance with subsection (2), gives any false particulars.(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 2.(5) It is a defence for a person charged with an offence under subsection (3)(a) to establish that at the time of the alleged offence the person had a reasonable excuse for failing to give the particulars.(6) It is a defence for a person charged with an offence under subsection (3)(b) to establish that at the time of the alleged offence the person had a reasonable excuse for giving the false particulars. 91J. Not to allow persons to board or to remain on board when particulars are not given (1) If a person referred to in section 91H(1) fails to give the particular in accordance with section 91H(2), the coxswain of the vessel must not allow the person—(a) to board the vessel if the person has not boarded the vessel; or(b) to remain on board the vessel if the person has already boarded the vessel.(2) If an adult referred to in section 91I(1) fails to give the particulars in accordance with section 91I(2), the coxswain of the vessel must not allow the adult and the child—(a) to board the vessel if they have not boarded the vessel; or(b) to remain on board the vessel if they have already boarded the vessel.(3) The coxswain of a local vessel who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 2.(4) It is a defence for a person charged with an offence under subsection (3) to establish that at the time of the alleged offence the person had a reasonable excuse for the contravention. 91K. Burden of proof for defence A person charged with an offence under this Part is taken to have established a matter that needs to be established for a defence under this Part if—(a) there is sufficient evidence to raise an issue with respect to the matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. Part 11 Miscellaneous Provisions 92. Improper use of signals (1) Except with the permission of the Director, no person may sound a whistle, siren, bell, gong or foghorn on board any local vessel in a port otherwise than in accordance with this Regulation or the collision regulations.(2) A person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2. 93. Local vessels not to be used for towing (1) Except with the permission of the Director, a local vessel shall not be used for towing another vessel (whether or not a local vessel) unless such towing is undertaken in order to save that other vessel, its crew or its passengers from danger.(2) If without reasonable excuse subsection (1) is contravened, the coxswain of the local vessel towing another vessel commits an offence and is liable on conviction to a fine at level 2. 94. Submersion of summer load line or freeboard mark (1) A local vessel having an assigned summer load line shall not be so loaded that its condition at any time is such that—(a) if the vessel is in salt water and has no list, the assigned summer load line on each side of the vessel is submerged; or(b) in any other case, the assigned summer load line on each side of the vessel would be submerged if the vessel were in salt water and had no list.(2) A local vessel having an assigned freeboard mark shall not be so loaded that its condition at any time is such that—(a) if the vessel has no list, the assigned freeboard mark on each side of the vessel is submerged; or(b) in any other case, the assigned freeboard mark on each side of the vessel would be submerged if the vessel had no list.(3) If without reasonable excuse subsection (1) or (2) is contravened, the coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3.(4) In this section—assigned freeboard mark (勘定乾舷標記) means the freeboard mark assigned to a certificated vessel in accordance with a valid freeboard assignment certificate issued under the regulation made under section 89 of the Ordinance providing for, among other things, the issue of certificates of survey and inspection of local vessels;assigned summer load line (勘定夏季載重線)—(a) in relation to a certificated vessel, means the summer load line assigned to the vessel in accordance with a Hong Kong load line certificate issued under the regulation made under section 89 of the Ordinance providing for, among other things, the issue of certificates of survey and inspection of local vessels, or in accordance with a load line certificate issued under the International Convention on Load Lines (1966), whichever is applicable; or(b) in relation to a paragraph (e) vessel, means the summer load line assigned to the vessel in accordance with a load line certificate issued by an authority in the Mainland of China or Macao (as the case may be) which is competent to issue such certificate, or in accordance with a load line certificate issued under the International Convention on Load Lines (1966), whichever is applicable. (31 of 2025 s. 156) 95. Unlawful use of local vessels Without prejudice to any other law, a person who uses a local vessel without the permission of the owner of the vessel commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year. Part 12 Transitional and Savings Provisions 96. Interpretation In this Part—Commencement (生效日期) means the commencement of this Regulation;pre-Commencement local vessel (早於生效日期本地船隻) means a vessel which falls within the meaning assigned to local vessel in section 2 of the Ordinance and was in existence immediately before the Commencement;pre-Commencement paragraph (e) vessel (早於生效日期(e)段船隻) means a vessel which falls within the meaning assigned to paragraph (e) vessel in section 2 and was in existence immediately before the Commencement. 97. Report of arrival of vessel Where—(a) a pre-Commencement local vessel arrived in the waters of Hong Kong before the Commencement;(b) regulation 22 of the SAPCR applied to the vessel immediately before the Commencement; and(c) that regulation has not been complied with in relation to the vessel before the Commencement,section 3 shall apply to the vessel as if it were a local vessel arriving in those waters on the Commencement. 98. Permit to remain to be obtained for certain pre-Commencement paragraph (e) vessels Where a pre-Commencement paragraph (e) vessel entered the waters of Hong Kong before the Commencement and no temporary permit under regulation 7 of the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 313 sub. leg. E) or anchorage permit under regulation 3(6)(a) of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg. F) has been issued in respect of the vessel before the Commencement, section 40 shall apply to the vessel as if it were a paragraph (e) vessel entering those waters on the Commencement. 99. Temporary permit Notwithstanding the repeal of the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 313 sub. leg. E) by section 91(1) of the Ordinance, where—(a) a temporary permit was issued under regulation 7 of those regulations in respect of a pre-Commencement paragraph (e) vessel; and(b) the temporary permit has a validity period ending after the Commencement,the temporary permit shall, as from the Commencement, remain in force until the expiry of that validity period, as if it were a permit to remain granted for use on one occasion within that validity period under section 41(3). 100. Anchorage permit Notwithstanding the repeal of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg. F) by section 91(1) of the Ordinance, where—(a) an anchorage permit was issued under regulation 3(6)(a) of those regulations in respect of a pre-Commencement paragraph (e) vessel; and(b) the anchorage permit has a validity period ending after the Commencement,the anchorage permit shall, as from the Commencement, remain in force until the expiry of that validity period, as if it were a permit to remain granted for use on one occasion within that validity period under section 41(3). 101. Port clearance under SAPCR A port clearance granted under regulation 27(2) of the SAPCR in respect of a pre-Commencement local vessel within a period of less than 72 hours before the Commencement shall, if the vessel has not departed the waters of Hong Kong before the Commencement, remain in force until the expiry of a period of 72 hours after the grant of the port clearance, as if it were a port clearance granted under section 6. 102. Permission to conduct seatrials Where—(a) the Director has granted a permission under section 64 of the Shipping and Port Control Ordinance (Cap. 313) to permit, for the purposes of regulation 25A of the SAPCR, the conduct of a seatrial for a pre-Commencement local vessel; and(b) the permission has a validity period ending after the Commencement,the permission shall, as from the Commencement, remain in force until the expiry of that validity period, as if it were a permission granted under section 70 of the Ordinance to permit, for the purposes of section 86, the conduct of a seatrial for the vessel. Schedule 1 [s. 4]Documents which may be Required for Application for Arrival Clearance 1. List of crew containing the personal particulars of all crew members of vessel. 2. Port clearance granted in respect of the departure of vessel from its last port of call before its arrival. 3. Any certificate granted in respect of vessel indicating compliance with requirements relating to safety, load line, seaworthiness and pollution prevention. 4. A general description in writing of any cargo carried on board at the time of vessel’s arrival. 5. Such other document as the Director may reasonably require for the purposes of granting an arrival clearance. Schedule 2 [ss. 9 & 33C](L.N. 186 of 2016)Speed of Local Vessels 1. In this Schedule, the geographical co-ordinates of a position are based on the World Geodetic System 1984 (WGS 84). (L.N. 179 of 2017) 2. For the purposes of section 9(1) of this Regulation—(a) the maximum permitted speed for a local vessel not exceeding 60 m in length overall is 15 knots, and for a local vessel exceeding 60 m in length overall is 10 knots, within the area bounded—(i) on the east, by a straight line drawn from the southern extremity of Tit Cham Chau (latitude 22°15.748´ north, longitude 114°16.607´ east) to the Hak Kok Tau (Cape Collinson) light beacon (latitude 22°15.681´ north, longitude 114°15.446´ east);(ii) on the west, by a straight line drawn from the southern extremity of the Hung Hom finger jetty (latitude 22°17.835´ north, longitude 114°10.934´ east) to the Causeway Bay Typhoon Shelter eastern breakwater light beacon (latitude 22°17.283´ north, longitude 114°11.247´ east);(iii) on the south, by the northern coastline of Hong Kong Island joining the extremities of the eastern and western boundaries; and(iv) on the north, by the southern coastline of the mainland joining the extremities of the eastern and western boundaries;(b) the maximum permitted speed for a local vessel not exceeding 60 m in length overall is 10 knots, and for a local vessel exceeding 60 m in length overall is 8 knots, within the area bounded—(i) on the east, by a straight line drawn from the southern extremity of the Hung Hom finger jetty (latitude 22°17.835´ north, longitude 114°10.934´ east) to the Causeway Bay Typhoon Shelter eastern breakwater light beacon (latitude 22°17.283´ north, longitude 114°11.247´ east);(ii) on the west, by straight lines joining the following positions—(A) latitude 22°16.467´ north, longitude 114°07.004´ east;(B) latitude 22°16.375´ north, longitude 114°06.814´ east; (L.N. 179 of 2017)(C) latitude 22°17.825´ north, longitude 114°05.964´ east;(D) latitude 22°18.325´ north, longitude 114°05.914´ east;(E) latitude 22°18.858´ north, longitude 114°06.197´ east; (L.N. 179 of 2017)(F) latitude 22°19.185´ north, longitude 114°06.798´ east; (L.N. 179 of 2017)(G) latitude 22°19.432´ north, longitude 114°07.357´ east;(iii) on the south, by the northern coastline of Hong Kong Island joining the extremities of the eastern and western boundaries; and(iv) on the north, by the southern coastline of the mainland joining the extremities of the eastern and western boundaries;(c) subject to paragraph (d), the maximum permitted speed for a local vessel not exceeding 60 m in length overall is 15 knots, and for a local vessel exceeding 60 m in length overall is 10 knots, within the area bounded—(i) on the east—(A) by the western coastline of Hong Kong Island from the position at latitude 22°15.251´ north, longitude 114°07.921´ east to the position at latitude 22°16.467´ north, longitude 114°07.004´ east; and(B) by straight lines joining the following positions—(I) latitude 22°16.467´ north, longitude 114°07.004´ east;(II) latitude 22°16.375´ north, longitude 114°06.814´ east;(III) latitude 22°17.825´ north, longitude 114°05.964´ east;(IV) latitude 22°18.325´ north, longitude 114°05.914´ east;(V) latitude 22°18.858´ north, longitude 114°06.197´ east;(VI) latitude 22°19.185´ north, longitude 114°06.798´ east;(VII) latitude 22°19.432´ north, longitude 114°07.357´ east; (L.N. 179 of 2017)(ii) on the west—(A) by straight lines joining the following positions—(I) latitude 22°14.075´ north, longitude 114°04.730´ east;(II) latitude 22°15.775´ north, longitude 114°03.385´ east;(III) latitude 22°17.022´ north, longitude 114°02.939´ east;(IV) latitude 22°17.457´ north, longitude 114°02.732´ east;(V) latitude 22°18.354´ north, longitude 114°02.329´ east;(B) by the north-eastern coastline of Lantau Island from the position at latitude 22°18.354´ north, longitude 114°02.329´ east to the position at latitude 22°20.757´ north, longitude 114°03.007´ east;(C) by a straight line joining the following positions—(I) latitude 22°20.757´ north, longitude 114°03.007´ east;(II) latitude 22°20.920´ north, longitude 114°03.249´ east;(D) by the western coastline of Ma Wan from the position at latitude 22°20.920´ north, longitude 114°03.249´ east to the position at latitude 22°21.313´ north, longitude 114°03.397´ east; and(E) by a straight line joining the following positions—(I) latitude 22°21.313´ north, longitude 114°03.397´ east;(II) latitude 22°21.908´ north, longitude 114°03.396´ east; (L.N. 179 of 2017)(iii) on the south, by straight lines joining the following positions—(A) latitude 22°15.251´ north, longitude 114°07.921´ east;(B) latitude 22°14.075´ north, longitude 114°06.380´ east;(C) latitude 22°14.075´ north, longitude 114°04.730´ east; and(iv) on the north, by the southern coastline of the mainland joining the extremities of the eastern and western boundaries;(d) the maximum permitted speed is 15 knots—(i) within the part of the following principal fairways located inside the area specified in paragraph (c)—(A) the Western Fairway;(B) the Ma Wan Fairway; and(C) the Kap Shui Mun Fairway;(ii) within the area bounded by straight lines joining the following positions—(A) latitude 22°15.008´ north, longitude 114°07.577´ east;(B) latitude 22°14.638´ north, longitude 114°07.117´ east;(C) latitude 22°16.142´ north, longitude 114°06.280´ east; (L.N. 179 of 2017)(D) latitude 22°16.375´ north, longitude 114°06.814´ east; (L.N. 179 of 2017)(E) latitude 22°15.008´ north, longitude 114°07.577´ east. Schedule 3 [s. 60]Information Required for Application for Permission to Enter Waters of Hong Kong under Section 60 of this Regulation 1. In this Schedule—certificate of ownership number (擁有權證明書號碼) has the same meaning as in the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D);MD reference number (海事處參考編號), in relation to a vessel which arrives in the waters of Hong Kong for the first time, means a reference number assigned by the Director to facilitate the reporting of the vessel’s arrival in or departure from those waters;pilot boarding station (領港員登船區) has the same meaning as in the Pilotage Ordinance (Cap. 84). 2. The information required under section 60(1) or (3) of this Regulation is—(a) name of vessel;(b) call sign or MD reference number or certificate of ownership number of vessel;(c) national colours of vessel;(d) type of vessel;(e) gross tonnage of vessel;(f) length overall of vessel in metres;(g) number of crew including coxswain;(h) purpose of call and intended berth on arrival;(i) estimated maximum draught of vessel in metres on arrival;(j) (i) any defect affecting manoeuvrability or seaworthiness of vessel;(ii) any special condition of vessel;(k) quantities and class of dangerous goods carried on board including radioactive materials (if applicable);(l) (i) name of agent of owner of vessel in Hong Kong (if applicable);(ii) whether agent is to be appointed to act for owner of vessel (if applicable);(iii) whether coxswain of vessel is to act as agent for owner of vessel (if applicable);(iv) name of coxswain of vessel;(m) where a pilot is required, the intended pilot boarding station;(n) estimated time of arrival at berth or intended pilot boarding station (expressed in year, month, day, hour and minute, and in this order) immediately after vessel’s entering the waters of Hong Kong;(o) last port of call (name of port and name of country or territory in which the port is situated);(p) height to highest point of vessel in metres above waterline on arrival;(q) name of person providing policy of insurance or indemnity arrangement required under the Ordinance or any regulation made under the Ordinance;(r) such other information as the Director may reasonably require for the purposes of section 60 of this Regulation. Schedule 4 [s. 91]Designated Bunkering Areas 1. In this Schedule, a reference to the co-ordinates of a point is a reference to the co-ordinates of that point based on the World Geodetic System 1984 (WGS 84). 2. The following areas are specified for the purposes of section 91 of this Regulation— (L.N. 265 of 2006)(a) Yau TongArea bounded by straight lines joining the following positions—(i) latitude 22°17.702´ north, longitude 114°13.798´ east;(ii) latitude 22°17.480´ north, longitude 114°14.032´ east;(iii) latitude 22°17.433´ north, longitude 114°14.001´ east;(iv) latitude 22°17.581´ north, longitude 114°13.630´ east;(b) Cheung Sha WanArea bounded by straight lines joining the following positions—(i) latitude 22°19.603´ north, longitude 114°08.826´ east;(ii) latitude 22°19.558´ north, longitude 114°08.900´ east;(iii) latitude 22°19.518´ north, longitude 114°08.870´ east;(iv) latitude 22°19.580´ north, longitude 114°08.772´ east;(c) Outside Aberdeen West Typhoon ShelterArea bounded by straight lines joining the following positions—(i) latitude 22°14.885´ north, longitude 114°08.248´ east;(ii) latitude 22°14.852´ north, longitude 114°08.607´ east;(iii) latitude 22°14.743´ north, longitude 114°08.653´ east;(iv) latitude 22°14.779´ north, longitude 114°08.248´ east;(d) Outside Cheung Chau Typhoon ShelterArea bounded by straight lines joining the following positions—(i) latitude 22°12.520´ north, longitude 114°00.960´ east;(ii) latitude 22°12.408´ north, longitude 114°01.220´ east;(iii) latitude 22°12.137´ north, longitude 114°01.078´ east;(iv) latitude 22°12.355´ north, longitude 114°00.795´ east;(e) Outside Tuen Mun Typhoon ShelterArea bounded by straight lines joining the following positions—(i) latitude 22°22.300´ north, longitude 113°58.480´ east;(ii) latitude 22°22.340´ north, longitude 113°58.640´ east;(iii) latitude 22°22.200´ north, longitude 113°58.680´ east;(iv) latitude 22°22.160´ north, longitude 113°58.520´ east;(f) South of Tuen Mun Immigration AnchorageArea bounded by straight lines joining the following positions—(i) latitude 22°21.459´ north, longitude 113°57.497´ east;(ii) latitude 22°21.459´ north, longitude 113°58.547´ east;(iii) latitude 22°21.140´ north, longitude 113°58.547´ east;(iv) latitude 22°21.140´ north, longitude 113°57.497´ east;(g) North of Yau Ma Tei AnchorageArea bounded by straight lines joining the following positions—(i) latitude 22°19.160´ north, longitude 114°08.940´ east;(ii) latitude 22°19.160´ north, longitude 114°09.000´ east;(iii) latitude 22°19.120´ north, longitude 114°09.000´ east;(iv) latitude 22°19.120´ north, longitude 114°08.940´ east;(h) Sai Kung HarbourArea bounded by straight lines joining the following positions—(i) latitude 22°22.772´ north, longitude 114°16.522´ east;(ii) latitude 22°22.733´ north, longitude 114°16.563´ east;(iii) latitude 22°22.674´ north, longitude 114°16.499´ east;(iv) latitude 22°22.713´ north, longitude 114°16.458´ east.