Hong Kong authorities float legislation to penalise anyone caught operating boats while under influence of alcohol or drugs
- Change would close gap in current legislation, as city has no dedicated law to regulate operation of vessels while under influence
- First-time offenders would be subjected to fines of up to HK$50,000 and imprisonment for maximum of three years
Anyone caught operating a boat in Hong Kong while under the influence of alcohol or drugs could face new penalties, according to legislation proposed by the government that would close a gap in the current law.
Authorised officers will be empowered to require anyone to take a breathalyser or drug test once the law is passed, while first-time offenders will be subjected to fines of up to HK$50,000 (US$6,383) and imprisonment for a maximum of three years.
Authorities had been considering the introduction of measures since 2015 and had concluded specific legislation was appropriate for regulating the use of alcohol and drugs in boating, according to a legislative paper submitted by the Transport and Logistics Bureau and Marine Department on Thursday.
Currently, without a dedicated law, seafarers who operate a vessel under the influence may only be prosecuted for a general offence of “endangering the safety of others at sea”.
Under the proposed legislation, a person involved in operating a moving vessel would commit an offence if he or she is under the influence of alcohol or drugs to the extent of being incapable of properly controlling the vessel, or had alcohol exceeding the prescribed limits inside their body including on their breath or in their urine or blood.
The new law would apply to all vessels within Hong Kong’s waters, including rivers and the ocean.
Enforcement procedures would be similar to the ones used for policing road users, with officers able to require drivers to undergo a breathalyser test.