Following is a question by the Hon Lothair Lam and a written reply by the Secretary for Transport and Logistics, Ms Mable Chan, in the Legislative Council today (May 13):

Question:

     In accordance with the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548D), the owner of a Class IV vessel (pleasure vessel) must obtain prior approval from the authorities if the vessel is to be used to carry passengers for reward. However, some members of the marine excursion industry have relayed that in recent years, there have been quite a number of pleasure vessels in the Victoria Harbour suspected of illegally carrying passengers to provide sea sightseeing services for reward without obtaining approval under Cap. 548D (illegal carriage of passengers for reward). Such practice not only affects the rights and interests of the relevant lawful operators, but also poses potential safety risks to passengers. In this connection, will the Government inform this Council:

(1) of the staffing establishment and strength of the Government's frontline enforcement personnel responsible for combating illegal carriage of passengers for reward by pleasure vessels in each of the past three years and this year to date;

(2) in each of the past three years and this year to date, (i) of the respective numbers of site inspections and evidence collection operations in which personnel pose as passengers (commonly known as "decoy operations") conducted by the authorities targeting illegal carriage of passengers for reward by pleasure vessels in the Victoria Harbour, with a breakdown of the number of interdepartmental joint operations; and (ii) of the respective numbers of prosecuted and convicted cases in such operations;

(3) of the minimum, maximum and average penalties imposed in the convicted cases mentioned in (2)(ii), and whether the authorities have applied for reviews or appeals against the penalties; if so, of the details; whether it will study increasing the penalties for the relevant offences to enhance the deterrent effect;

(4) whether the authorities will consider stepping up publicity and promotion to remind members of the public and tourists that before participating in a Victoria Harbour sightseeing tour, they should confirm that the vessel concerned has been approved by the authorities to carry passengers for reward;

(5) as there are views that some vessels have persistently occupied the public pier and public landing steps at Tsim Sha Tsui, whether the authorities will step up enforcement efforts to prevent the unauthorised occupation of such facilities by vessels, so as not to affect other users; and

(6) as there are views that some persons are suspected of touting tickets for pleasure vessels which have not been approved to carry passengers for reward in the vicinity of the promenade and public pier at Tsim Sha Tsui, and it is learnt that different departments or units are involved in the daily operation and management of such places, whether the authorities will consider setting up an interdepartmental task force to co-ordinate and synergise the efforts to combat activities of illegal carriage of passengers for reward by pleasure vessels?

Reply:

President,

     Hong Kong's waters have high volumes of marine traffic especially in the Victoria Harbour area. The increasing number of pleasure vessels organising sightseeing activities further intensifies the traffic in the area. Ensuring marine safety and order is therefore of paramount importance, including the regulation of the safe operation of all types of vessels. For pleasure vessels (i.e. Class IV vessels), under the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548D), the owners of such vessels must first obtain endorsement from the Marine Department (MD) before using them for hire or reward in passenger service. The MD has been regulating relevant vessels in accordance with existing legislations and taking enforcement action against relevant illegal activities. 

     In consultation with the Culture, Sports and Tourism Bureau, the reply to the question raised by the Hon Lothair Lam is as follows:

(1) to (3) From January 2023 to April 2026, the MD conducted a total of 480 site inspections, 40 decoy operations and 28 joint operations with the Hong Kong Police Force (HKPF) in Victoria Harbour to combat marine activities that contravene marine legislations including illegal carriage of passengers for reward. In the aforementioned inspections and operations, the MD initiated a total of 52 prosecutions, among which 49 cases were convicted (five of which are related to illegal carriage of passengers for reward), and the legal proceedings of three of the cases are still ongoing. 

     Under the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548D), if the owner of a pleasure vessel uses the vessel for hire or reward in passenger service without prior endorsement from the MD, he/she shall be liable on conviction to a fine at Level 3 (i.e. $10,000). The actual amount of fine is to be determined by the court based on the circumstances of individual cases. For the five convicted cases mentioned above, the fines involved range from $800 to $2,000, with an average being $1,160. If the MD opines that the sentence imposed in a particular case is too lenient, it will consider lodging an appeal after consulting the Department of Justice. The MD will also closely monitor the situation of unauthorised hire or reward passenger services by pleasure vessels, as well as the effectiveness of the current regulatory regime, and review the relevant penalties from time to time.

     To safeguard navigational safety, apart from daily patrols and law enforcement action in Hong Kong waters, the MD also works closely with the HKPF, including to conduct special joint operations during weekends and holidays to combat illegal carriage of passengers and violation of licensing conditions, etc. The MD will continue to work closely with the HKPF and review the effectiveness of law enforcement efforts from time to time.

     The execution of the aforementioned actions falls within the regular duties of the relevant staff and will be carried out using existing resources. Therefore, no detailed breakdown of the personnel and expenses involved is provided.

(4) To facilitate the identification by the public and tourists of local pleasure vessels endorsed by the MD for hire or reward, the MD has drawn up a list of relevant vessels, and produced pamphlets as well as posters and banners to be put up at popular marine tourism spots. The list could be accessed by scanning the relevant QR code printed on these publicity materials. The list will be continuously updated. In addition, the MD has also published a pamphlet with information on life-saving appliances onboard local pleasure vessels and precautions, etc, which has been uploaded to the MD's website for public access free of charge. 

(5) In terms of berthing by vessels, public piers and landing steps are generally public facilities that are open all day for use by all vessels provided that they comply with the relevant marine regulations so as to ensure safe embarkation and disembarkation of passengers. Under the Merchant Shipping (Local Vessels) (General) Regulation (Cap. 548F), a vessel must berth at public landing facilities only for embarkation and disembarkation of passengers, and upon completion of such, the vessel concerned must leave the public landing facilities concerned to allow berthing by other vessels. The duration of use must be reasonable. During periods of high demand for the public landing facilities, vessels are required to wait for their turn in an orderly manner so as to facilitate passenger embarkation and disembarkation.

     The MD conducts daily patrols in various Hong Kong waters (including the Tsim Sha Tsui area), which encompasses inspection of unauthorised occupation of the public landing facilities by vessels. In addition, the MD also conducts joint operations with the HKPF to combat violations of marine legislations such as illegal carriage of passengers and overloading.

(6) Both sides of Victoria Harbour (including the Tsim Sha Tsui waterfront) are among Hong Kong's major tourist attractions. Currently, Victoria Harbour sightseeing boat tours and sightseeing vessels are available in the market for tourists and members of public. Relevant government departments have all along been maintaining close communication and co-operation, and combating illegal hire or reward activities by pleasure vessels by conducting joint enforcement actions, including joint operations. We will closely monitor and review the effectiveness of the enforcement actions from time to time, and strengthen inter-departmental co-ordination when necessary.

Ends/Wednesday, May 13, 2026
Issued at HKT 11:08

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