### Shipping and Port Control Regulations 《船舶及港口管制規例》

52D. Port facilities and light dues not payable between October 2022 and September 2023
(1) Despite regulations 49 and 52, no port facilities and light dues are payable for the use of port facilities during the period from 1 October 2022 to 30 September 2023 (both dates inclusive).
(2) This regulation expires at midnight on 30 September 2023.
(L.N. 70 of 2022)

53. Tonnage of vessels liable to pay port dues or fees
(1) For the purpose of calculating any port dues or fees payable under the Ordinance which are based on the tonnage of a vessel, the Director may require the owner or his agent or the master of the vessel to produce for inspection the register of the vessel.
(2) Where the owner, agent or master fails to comply with any requirement under paragraph (1) or to satisfy the Director as to the true tonnage of a vessel, the Director may cause the vessel to be measured, and such measurement shall be deemed to be the true tonnage of the vessel for the purpose of calculating the port dues or fees.
(3) Any expenses incurred by the Director in measuring a vessel under paragraph (2) shall be recoverable from the owner or his agent or the master of the vessel in the same manner as port dues payable under the Ordinance are recoverable.
(4) An owner or master of a vessel who refuses to allow his vessel to be measured under paragraph (2) or obstructs any person carrying out such measurement shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.

54. Issue and production of receipt for port dues and fees
(1) The Director shall issue a receipt for any port dues or fees paid under the Ordinance.
(2) The Director may require the production for inspection of any receipt issued under paragraph (1) and may refuse to grant port clearance in respect of a vessel, in respect of which any dues or fees are payable, until such receipt is produced.

55. Tables of port dues and fees
The Director shall cause to be posted at such place as he may determine tables of all port dues and fees prescribed under the Ordinance.

55A. Interpretation of Part VIA
In this Part, “typhoon shelter” (避風塘) means a typhoon shelter specified in the Merchant Shipping (Local Vessels) (Typhoon Shelters) Regulation (Cap. 548 sub. leg. E).

### Shipping and Port Control Regulations 《船舶及港口管制規例》

55B. Permit to enter and remain in typhoon shelters
(1) The Director may, subject to such conditions as he thinks fit, grant a permit in writing permitting any vessel to enter and remain in a typhoon shelter specified in the permit.
(2) The Director may, add to, delete or vary the conditions of a permit if he is satisfied that the vessel is so situated or in such a condition that it—
(a) endangers the safety of persons, other vessels or property; or
(b) poses a hazard to the environment.

55C. Use of typhoon shelters
Except with the permission of the Director granted under section 55B(1), no vessel shall enter or remain in a typhoon shelter.

55D. Power to remove vessels unlawfully in typhoon shelters
(1) If any vessel enters or remains in a typhoon shelter in contravention of regulation 55C, the Director may, subject to paragraphs (2) and (3), take possession of the vessel and remove it from the typhoon shelter or move it from the position in which it is lying.
(2) Subject to paragraph (3), the Director shall give to the owner or his agent or master of a vessel not less than 7 days’ notice in writing of any proposed exercise of his power under paragraph (1) and the notice shall state the reason therefor.
(3) The Director may exercise his power under paragraph (1)—
(a) at any time after notice of the proposed exercise of power is given under paragraph (2), notwithstanding that the period of notice has not expired, if a strong monsoon signal or tropical cyclone warning signal is issued by the Hong Kong Observatory; or
(b) without giving notice, if the owner or his agent or master of the vessel cannot be found or if, in the opinion of the Director, the vessel is abandoned.
(4) If any person on board a vessel obstructs the Director in the exercise of his power under paragraph (1), the Director may evict such person from the vessel.
(5) The Director may use such force as may be reasonably necessary for the exercise of his power under paragraph (1) or for the purposes of paragraph (4).

55E. Production of permit
The Director may require the owner or his agent or master of a vessel to produce any permit granted under regulation 55B in respect of the vessel—
(a) for inspection for the purpose of ensuring compliance with these regulations; or
(b) for amendment of the conditions subject to which the permit is granted.

### Shipping and Port Control Regulations 《船舶及港口管制規例》

55F. Offences
(1) Subject to paragraph (2), in the event of—
(a) a contravention of a condition of a permit granted under regulation 55B;
(b) a contravention of regulation 55C; or
(c) a failure to comply with a requirement under regulation 55E,
the owner, his agent and the master of the vessel commit an offence and each of them is liable to a fine at level 2.
(2) In a charge for an offence under paragraph (1), it shall be a defence for the person charged to show that he had taken all practicable steps to prevent the commission of the offence.
(3) Any person who obstructs the Director in the exercise of his power under regulation 55D(1) or (4) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.

55G. Saving
(1) Where a permit granted under regulation 4(1) of the Shipping and Port Control (Typhoon Shelters) Regulations (Cap. 313 sub. leg. D) is in force immediately before the commencement* of this regulation in respect of a vessel, the permit shall have effect from such commencement as if it were a permit granted under regulation 55B, and the other provisions of this Part shall apply accordingly.
(2) Where a permit that has effect by virtue of paragraph (1) has been granted in respect of a specified period, the permit shall remain in force for so much of the period as remains unexpired from the commencement of this regulation.
(Part VIA added 24 of 2005 s. 49)