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In response to media enquiries about Kai Fung No.2 being intercepted last night (November 14), a spokesman for the Government said the following today (November 15):
Kai Fung No.2 passed the vessel survey on October 15, 2013, and was issued with a Certificate of Survey (CoS) by the Marine Department. On the same day, the owner of the vessel applied for an operating licence from the Marine Department; the department had also issued the related licence in accordance with the procedures.
However, the Director of Marine had grounds to believe that Kai Fung No.2 would not be used exclusively for fishing and fishing-related purposes. Under Section 64(1)(a) of the Merchant Shipping (Local Vessels) Ordinance, a direction was issued to the vessel owner on October 15, refusing permission for Kai Fung No.2 to leave Hong Kong waters, in order to execute the requirement under the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation. In accordance with Section 5(3) of the Regulation, Kai Fung No.2, as a Class III vessel, shall be used exclusively for fishing and fishing-related purposes.
Since Kai Fung No.2 has obtained the CoS and operating licence, it can be operated within Hong Kong waters.
If the vessel violates the direction issued by the Director of Marine, the Marine Department will act in accordance with the law, and will request assistance from the Police, if necessary.
At about 11am and 5pm yesterday, the Marine Department noticed that Kai Fung No.2 was attempting to navigate towards the boundary of Hong Kong waters. The department requested the vessel to stop and reminded the vessel owner that the direction issued by the Director of Marine on October 15 was still effective. During the period, the department requested assistance from the Police.
At about 9.15pm last night, Kai Fung No.2 attempted to navigate towards the boundary of Hong Kong waters again. Marine Department officers requested the vessel to stop and requested assistance from the Police. Marine Police officers took the most appropriate and safe measures to board Kai Fung No.2, according to the situation at scene. The Police stressed that they had not disregarded the safety of any persons. The officers had not used any force or tools (such as a welding tool) when entering the wheelhouse, nor arrested any person.
Ends/Friday, November 15, 2013
Issued at HKT 15:01
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