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

15. Additional licence fees
(1) Without prejudice to the liability for an offence under section 13(2), the Director may, in the case of—
(a) a local vessel which is not licensed, require the owner of the vessel to pay, in addition to the prescribed licence fee for the issue of an operating licence, the prescribed licence fees which would have become payable if the vessel has been licensed from the date the vessel has been without a licence in contravention of section 13(1);
(b) a local vessel the operating licence of which is not renewed from the date of expiry of the previous licence, require the owner of the vessel to pay, in addition to the prescribed licence fee for the renewal of the licence, the prescribed licence fees which would have become payable if the operating licence had been renewed from the date of expiry of the previous operating licence.
(2) The owner of a local vessel may be required to pay the additional licence fees payable under subsection (1) in respect of a period prior to the issue or renewal of an operating licence whether or not he was the owner of the vessel during that entire period.
(3) The additional licence fees under subsection (1) shall not be payable in respect of any period during which the operating licence of the vessel was terminated by notice to the Director.

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

15A. Additional fees
(1) The Director may—
(a) in the case of a local vessel which was not licensed in accordance with any of the repealed regulations, require the owner of the vessel to pay a fee specified in subsection (2)(a); or
(b) in the case of a local vessel which was not renewed from the expiry date of the licence in accordance with any of the repealed regulations, require the owner of the vessel to pay a fee specified in subsection (2)(b).
(2) The owner of a local vessel is required to pay—
(a) in the case described in subsection (1)(a), a fee which is equivalent to the prescribed licence fee for the issue of an operation licence for a period—
(i) commencing on the date the vessel had been without a licence in contravention of the repealed section; and
(ii) ending on the relevant day; and
(b) in the case described in subsection (1)(b), a fee which is equivalent to the prescribed licence fee for the renewal of an operating licence for a period—
(i) commencing on the expiry date of the licence; and
(ii) ending on the relevant day.
(3) Subsection (1) is without prejudice to the liability for an offence under section 13(2) and the liability to pay the additional licence fees under section 15.
(4) The owner of a local vessel may be required to pay a fee payable under subsection (1) in respect of a period whether or not he was the owner of the vessel during that entire period.
(5) A fee under subsection (1) shall not be payable in respect of—
(a) any continuous period exceeding 6 months during which the vessel had not been in use if the owner of the vessel produces evidence to that effect to the satisfaction of the Director; or
(b) any period during which the licence of the vessel was terminated by notice to the Director.
(6) In this section—
relevant day (有關日期) means the day of the commencement* of this section;
repealed regulations (已廢除規例) means the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 313 sub. leg. E), the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg. F) and the Merchant Shipping (Pleasure Vessels) Regulations (Cap. 313 sub. leg. G) repealed by this Ordinance;
repealed section (已廢除條文) means section 26 of the Shipping and Port Control Ordinance (Cap. 313) repealed by this Ordinance.
(Added 24 of 2005 s. 8) Editorial Note:
* Commencement date: 2 January 2007.

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

17. Inquiry into fitness or conduct of holder of local certificate of competency
(1) Where it appears to the Director that the holder of a local certificate of competency—
(a) is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason; or
(b) has been seriously negligent in the discharge of his duties,
the Director may cause an inquiry to be held and may, if he thinks fit, suspend, pending the outcome of the inquiry, the certificate and require the holder to deliver it to him.
(2) Where an inquiry is to be held under this section—
(a) the inquiry shall be—
(i) held by one or more persons appointed by the Chief Justice; and
(ii) conducted in accordance with rules made under section 20 (which rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors); and
(b) the persons holding the inquiry shall for the purpose of the inquiry have the powers given by section 18(1).
(3)  The persons holding an inquiry under this section and the assessors assisting them shall be remunerated at a rate which shall take account of the amount of work and time occupied by them upon the business of the inquiry and such remuneration shall be determined by the Secretary for Transport and Logistics either generally from time to time or specifically in any particular case: (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
Provided that nothing in this subsection shall be construed to authorize the payment of remuneration to any person employed full time in any office of emolument under the Government. 
(4) The persons holding an inquiry under this section into the fitness or conduct of the holder of a local certificate of competency—
(a) may, if satisfied of any of the matters specified in subsection (1)(a) or (b), cancel or suspend the certificate or censure him;
(b) may make such order with regard to the costs of the inquiry or any part thereof (including witnesses’ costs) as they think just, and such order shall be enforced by them in the same way as an order for costs under the Magistrates Ordinance (Cap. 227); and
(c) shall make a report on the case to the Director,
and, if the certificate is cancelled or suspended, the holder, unless he has delivered it to the Director pursuant to subsection (1), shall deliver it forthwith to the persons holding the inquiry or to the Director.
(5) Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from him by the Director.