||Title:||PILOTAGE ORDINANCE||Gazette Number:||64 of 1999|
|Section:||10C||Heading:||Compulsory pilotage||Version Date:||01/07/1997|
Adaptation amendments retroactively made - see 64 of 1999 s. 3
(1) Subject to subsection (2), every ship specified in Schedule 1, other than an exempted ship, while navigating in the pilotage area shall be under the pilotage of a licensed pilot or pilots, whose number shall be determined by the Authority under section 10E(3).
(2) A ship required to be under compulsory pilotage may navigate in the pilotage area without a licensed pilot-
(3) If a ship is not under pilotage as required by subsection (1), the master of the ship commits an offence and is liable to a fine of $10000 or double the amount of the pilotage dues which would have been payable in respect of the ship if it had been under pilotage, whichever is the greater.
(a) if it is on its inward voyage and its master has reported to the Authority under section 10E(1), from the time it enters the pilotage area to the time it arrives at a pilot boarding station or specified anchorage, so long as it is directly proceeding to a pilot boarding station or specified anchorage;
(b) if it is on its outward voyage under the pilotage of a licensed pilot, from the time the licensed pilot disembarks to the time it leaves the pilotage area, so long as it is directly leaving the pilotage area;
(c) if through stress of weather it is seeking shelter within the waters of Hong Kong; or
(d) within a dockyards approach area specified in Schedule 4 for the purpose of berthing, changing berths or docking at dockyards in the waters of Hong Kong. (Replaced 36 of 1993 s. 7)
(4) It shall be a defence in proceedings for an offence under subsection (3) to prove that on the occasion to which the charge relates the ship was being navigated in the pilotage area only so far as was necessary to avoid serious danger to the ship or to any other ship or property.
(5) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1. (Amended 64 of 1999 s. 3)