### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

142. Application of Merchant Shipping Acts, etc.
(1) The provisions of the Merchant Shipping Acts as applied in or extended to Hong Kong immediately before the commencement* of this Ordinance—
(a) are hereby repealed so far as they are inconsistent with the provisions of this Ordinance which relate to Hong Kong ships, the owners, masters or crews of such ships, or the employers of such masters or crews;
(b) are hereby repealed so far as they are inconsistent with the provisions of this Ordinance which expressly relate to ships other than Hong Kong ships, the owners, masters or crews of such ships, or the employers of such masters or crews.
(2) The Merchant Shipping (Hong Kong) Order 1936 (App. III, p. Y1) is repealed.
(3) Sections 23, 24 and 25 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply in relation to the repeal of a provision of an United Kingdom enactment effected by this section as they apply in relation to the repeal of a provision of an Ordinance.
(4) In this section, Merchant Shipping Acts (《商船法令》) means the Merchant Shipping Acts 1894 to 1979 of the United Kingdom and any regulations made thereunder.

Editorial Note:
* Commencement date: 2 September 1996.

143. (Omitted as spent—E.R. 5 of 2021)

### Marine Parks Ordinance 《海岸公園條例》

1. Short title
This Ordinance may be cited as the Marine Parks Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Authority (總監) means the Country and Marine Parks Authority within the meaning of section 3;
authorized officer (獲授權人員) means a person authorized by the Authority under section 24;
Board (委員會) means the Country and Marine Parks Board established by section 5 of the Country Parks Ordinance (Cap. 208);
development (發展工程) means the carrying out of the following activities—
(a) building, engineering or installation of structure;
(b) digging, dredging, rock removal or extraction of minerals;
(c) reclamation or dumping;
(d) construction of any buoy, jetty, pier, breakwater, shelter, anchorage or other port facility;
(e) laying any cable, pipe or other utility; or
(f) any other similar operation,
in, on, over or under any land, the sea or any tidal water within Hong Kong;

land (土地) includes land covered by water;
marine life (海洋生物), in relation to a marine park or marine reserve, as the case may be, includes all animals and plants therein;
marine park (海岸公園) means any area that is designated as a marine park under section 15;
marine reserve (海岸保護區) means any area that is designated as a marine reserve under section 15;
new development (新發展工程) means any development other than development in respect of which all the necessary approvals and permissions have been obtained prior to the date of publication in the Gazette of a notice under section 8(1) in respect of the area where the development is carried out, but does not include any work carried out for the purposes of inspecting, maintaining or repairing any utility or any sewer, main, pipe, cable or other apparatus;
proposed marine park (建議中的海岸公園) means any area that is proposed to be designated as a marine park;
proposed marine reserve (建議中的海岸保護區) means any area that is proposed to be designated as a marine reserve;
Secretary of the Board (委員會秘書) means the Secretary of the Country and Marine Parks Board appointed under section 5(8) of the Country Parks Ordinance (Cap. 208);
vessel (船隻) means—
(a) any ship, junk, boat, dynamically supported craft, seaplane, or any other description of vessel used in navigation; and
(b) any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation,
but does not include a ship of war or any vessel having the status of a ship of war.

### Marine Parks Ordinance 《海岸公園條例》

3. Control and management of marine parks and marine reserves
(1) Subject to this Ordinance, the control and management of marine parks and marine reserves are vested in the Country and Marine Parks Authority.
(2) The Director of Agriculture, Fisheries and Conservation shall be the Authority for the purposes of this Ordinance. (Amended L.N. 331 of 1999)

4. Duties of the Authority
For the purposes of this Ordinance, it shall be the duty of the Authority—
(a) to make recommendations to the Chief Executive in Council for the designation of areas as marine parks or marine reserves; (Amended 34 of 2000 s. 3)
(b) to control and manage marine parks and marine reserves, and to take such measures in respect of marine parks and marine reserves as the Authority considers necessary, for the purposes of—
(i) protecting, restoring and, where the Authority considers necessary, enhancing the marine life in and marine environment of any marine park or marine reserve;
(ii) managing the uses of resources in marine parks to meet the needs and aspirations of present and future generations of mankind;
(iii) facilitating recreational activities in marine parks; and
(iv) providing opportunities for educational and scientific studies in the marine life in and marine environment of marine parks and marine reserves; and
(c) generally to administer this Ordinance.

5. Functions of the Board
For the purposes of this Ordinance, the Board shall—
(a) act as a consultative body to advise the Authority upon any matter referred to it by the Authority under this Ordinance;
(b) consider and advise the Authority on the policy of and programmes prepared by the Authority in respect of marine parks and marine reserves, including proposed marine parks and proposed marine reserves; and
(c) consider any objections that may be lodged under section 12.

6. Power of Chief Executive to give directions
(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Authority or a public officer of any power, function or duty under this Ordinance.
(2) The Authority and every public officer shall, in the exercise or performance of any power, function or duty under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended 34 of 2000 s. 3)

### Marine Parks Ordinance 《海岸公園條例》

7. Preparation of draft maps
(1) The Authority shall, at the direction of the Chief Executive in Council, prepare draft maps showing proposed marine parks or proposed marine reserves. (Amended 34 of 2000 s. 3)
(2) Any map prepared under subsection (1) shall show the boundaries of the proposed marine park or proposed marine reserve, as the case may be, and such details as the Authority considers appropriate.
(3) The Authority may, in conjunction with any draft map prepared under subsection (1), prepare explanatory material relating to the map, which may be in the form of diagrams, illustrations, notes or descriptive matter; and any such explanatory material shall be part of the map.
(4) The Authority shall consult the Board on the preparation of any draft map under this section and may make such inquiries as he may consider necessary for the preparation of such draft map.