### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

37. Interpretation
In this Part, unless the context otherwise requires—
approved code (《守則》) means a code of practice issued under section 45A; (Added 70 of 1999 s. 19)
inspector (督察) means a person appointed under section 39;
machinery, equipment or appliance (機械、裝備或裝置), in the case of—
(a) repairs to a local vessel, means any machinery, equipment or appliance provided or used for that purpose;
(b) the breaking up of a local vessel, means any machinery, equipment or appliance provided or used for that purpose;
(c) cargo handling, means any lifting appliance or lifting gear provided or used for that purpose;
(d) marine construction, means any machinery, equipment or appliance provided or used for that purpose. (Added 70 of 1999 s. 19. Amended 24 of 2005 s. 10)

(Amended 24 of 2005 s. 10)

38. Application
This Part shall not apply to—
(a) a local vessel which is outside the waters of Hong Kong; or
(b) repairs to, or the breaking up of, a local vessel which is—
(i) in a dock other than a floating dock; or
(ii) on a slip or mechanical lift.

39. Appointment of inspectors
The Director shall appoint such persons as he thinks fit to be inspectors for the purposes of this Part.

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

40. Powers of Director and inspectors
(1) The Director and an inspector shall have power—
(a) at any reasonable time (or, in a situation which in the opinion of the Director or an inspector is or may be dangerous, at any time) to board any local vessel within the waters of Hong Kong which he has reason to believe it is necessary to board for the purposes of this Part, and for the purpose of boarding any such vessel which is floating alongside any premises at a seawall or pier, to enter such premises;
(b) to take with him such persons as may be necessary to assist him in the exercise of his powers, or performance of his duties, under this Part;
(c) to inspect and examine any local vessel on or to which any works are being carried out;
(d) to make such examination and inquiry as may be necessary to ascertain that safe working conditions obtain and that the provisions of this Part are complied with;
(e) to investigate any accident involving any works or injury to any person arising out of or in the course of carrying out any works;
(f) to require the production of any register, certificate or other document required to be kept in pursuance of regulations made under section 89 and to inspect and copy any of them or any entry in them; and
(g) to require the posting of any notice in pursuance of regulations made under section 89 or any notice related to works, machinery, equipment or appliances, or the safety of persons employed in carrying out any works.
(2) The owner or coxswain of, or other person having control over, a local vessel shall furnish such safe means required by the Director or an inspector as are necessary for the purposes of boarding, inspection, examination, investigation, or otherwise for the exercise of his powers under this Part.
(3) Any person who—
(a) without reasonable excuse fails to comply with any requirement of the Director or an inspector in pursuance of this section;
(b) without reasonable excuse fails to produce any register, certificate or other document which he is required in pursuance of this Part to produce; or
(c) without reasonable excuse withholds any information as to who is the owner or coxswain of, or person having control over, a local vessel, or the owner of any machinery, equipment or appliance provided or used for the carrying out of any works,
commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months. (Amended 70 of 1999 s. 20)

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

41. Restriction on carrying out repairs or breaking up of local vessels
(1) Subject to subsections (1A) and (2), no owner or coxswain of, or other person having control over, a local vessel shall, except with the written permission of the Director, carry out, or cause to be carried out, any repairs to, or break up, the vessel. (Amended 70 of 1999 s. 21)
(1A) Subsection (1) does not apply to any local vessels of 50 metres or less in length unless the Director gives written notification to the person in charge of works that subsection (1) applies to that vessel. (Added 70 of 1999 s. 21)
(2) The Director may, by notice in the Gazette, specify any type of repairs to a local vessel in respect of which permission under subsection (1) is not required.
(3) Any person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 2 years. (Amended 70 of 1999 s. 21)

42. Safe atmosphere
(1) Where a local vessel is being repaired or broken up, the person in charge of works shall not—
(a) provide or use, or cause to be provided or used, any machinery, equipment or appliance that is capable of providing an ignition source; or
(b) carry out, or cause to be carried out, any works that involve welding or burning, the use of blow lamps, braziers or other devices using combustible materials,
in an atmosphere containing flammable vapours, flammable gases or explosive dusts.
(2) A person in charge of works who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year. (Amended 70 of 1999 s. 22)

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

43. Directions regarding repairs or breaking up of local vessels
(1) The Director may direct any person who, in the opinion of the Director, is the owner or coxswain of a local vessel, or who claims or appears to the Director to exercise control over a local vessel, that is to be repaired or broken up or is being repaired or broken up, or who is in charge of the repairs or the breaking up of a local vessel—
(a) to remove the vessel to a position or place within the waters of Hong Kong specified by the Director;
(b) to comply with such safety requirements as may be specified by the Director generally or in any particular case;
(c) to comply with any other requirements which may be specified by the Director in respect of the manner in which the vessel may be repaired or broken up;
(d) in the case of the breaking up of the vessel, to give security, in cash or otherwise, in such amount as the Director may consider necessary to ensure the effective breaking up and complete removal of the vessel.
(2) Any person who fails to comply with any direction given to him under subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months, and to an additional fine of $2,000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director on such person. (Amended 70 of 1999 s. 23)