Marine | Boatyard

The revised Bye-Laws have come into effect and members should be aware of how the revised Bye-Laws will affect them. The Marine Bye-Laws have not been altered since 2012. The Marine Office has found that some of the Bye-Laws have been circumvented, some require updating, some no longer have relevance and some new ones are required after receiving complaints and suggestions from members. The revision of the Bye-Laws has taken the best part of two years of discussion in the Marine Sub-Committee and the Sailing Committee. The mooring, hard standing and marina agreements have also been updated and many of the conditions moved into the Bye-Laws to make the new agreement shorter and simpler. The revised Bye-Laws can be found on the Club website, in the members area, under Documents/Membership/Bye-Laws. We will though give a brief explanation of how the new Bye-Laws affect members, and the reasons for the changes, below.

The HKSAR Marine Department are vigorously checking on moorings and the boats that are on them. Demerit points can now be awarded to the Club for infringements of the MarDep mooring regulations. If a mooring is given enough demerit points then the mooring will be terminated by MarDep and taken away from the Club. This has led to the Bye-Laws being tightened up with regards to unauthorised use of moorings, multiple boats tying up to each other on a mooring, unlicensed boats being on a mooring and an overlength boat being on a mooring to mention a few. Marine Department have conducted regular checks of the boats on our moorings and have found boats that are unlicensed on the mooring. The Bye-Laws have therefore been altered as follows.

• Members may not sublet or permit any other vessel to use or occupy any Marine Facility allocated to them without prior permission from the Marine Office. • Members owning a Vessel occupying any of the Club’s Marine

Facilities are obliged to submit copies of valid HKSAR Marine

Department licence (if required) and insurance documentation within one week of the date of the licence or insurance renewal. • Members with a Vessel occupying any of the Club’s Marine Facilities whose new HKSAR Marine Department licence (if required) or insurance policy has not been shown to the Marine Office within one month of the expiry of the old certificate shall be charged an additional administration fee as determined from time to time by the

General Committee. This is presently set at $500 per day. • Failure to produce valid insurance or licencing documentation for a Vessel occupying any of the Club’s Marine Facilities within two months of the renewal date may result in the termination of the

Marine Facilities Agreement. • The Club will not launch any Vessel stored on any Club hardstanding unless the Marine Office has been provided with a valid insurance policy and, if required, a HKSAR Marine Department licence. • Members with a Vessel on a Club mooring will not moor any other vessel alongside except a HKSAR Marine Department approved tender or a small manually propelled craft required for the purpose of transporting the Member or his crew ashore. • Any vessel occupying a Club mooring, pontoon or marina berth without the permission of the Marine Manager will be charged an unauthorised usage charge as determined from time to time by the General Committee. The Marine Office, without giving notice to owner, can remove the vessel from the mooring, pontoon or marina berth to any appropriate location, at the cost and risk of the owner.

This is presently set at $500 per day.

The pontoons at Shelter Cove, Kellett Island and Middle Island may be used by members non class boats during the week or when there is no class racing. With Class racing attracting more boats than previously, space for them to moor alongside is tight. Therefore, any non-class boat that is alongside taking up space will be penalized as above.

• Pontoons at Shelter Cove (with the exception of Shelter Cove

Marina), Middle Island and Causeway Bay are provided primarily to accommodate the launching and mooring of Class boats for racing.

From 0900 hours on the day preceding a day when Class racing is scheduled at a particular location to 0900 hours on the day following the scheduled race day, no vessel other than Club operated boats and Class racing yachts may lay alongside the pontoon(s) unless with the express permission of the Marine Office. • The restricted areas of each of the pontoons is shown on the Club’s website.

The boatyard pontoon at Kellett Island, as shown on the Club website under marine/usage of pontoons, is for use for boatyard related work only. The exception to this rules if when there is a major regatta and a class is instructed to use the area. These are the new Bye-lays regarding the boatyard pontoon.

• The boatyard pontoon may only be used with the permission of the

Boatyard Manager. • The use of the boatyard pontoon by any vessel is limited to 30 days.

Any extension of stay beyond 30 days can only be granted by the

Marine Sub-Committee. • Any vessel using the boatyard pontoon will be charged a daily rate as determined from time to time by the General Committee. At present the fee is $ 500.

At Middle Island, where the pontoons are constructed of plastic, so that they can survive typhoons better, the revised Bye-Laws are:

• Subject to the following exceptions, vessels longer than 40 feet shall not tie up or lie alongside the pontoon: a. Any vessel assigned to any aspect of race management; including but not limited to committee boats, umpire boats, mark laying boats and safety boats; b. Class boats which are based at Middle Island, either on a permanent basis or on a temporary basis in accordance with the sailing calendar; c. Any vessel coming alongside in the designated zone for up to an hour to collect passengers, pick up provisions or fill up with water; and, d. Any vessel whose owner has obtained the express approval of the

Marine Manager to tie up or lie alongside the pontoon. • Members who infringe the rules as stated above will be subject to an unauthorised usage charge as determined from time to time by the

General Committee. At present the fee is $500 per infringement.

Members using the Club pontoons for non-class vessels will now be limited to 48 hours alongside in any weekly period. This change is the result of complaints from many members of some particular boats taking up pontoon space for a long time. For Shelter Cove this is an increase from 36 hours previously. For Middle Island the length of boats allowed alongside has been increased from 30 feet to 40 feet. This has been possible with the increase in size of the cleats on the outer pontoon.

• No vessel may lay alongside the Club’s pontoons at Shelter Cove,

Middle Island or Kellett Island for more than 48 hours in each calendar week except with the permission of the Marine Office.

Members who infringe this rule will incur an unauthorised usage charge as determined from time to time by the General Committee.

The charge at present is $ 500 per day.

There have been complains from members regarding boat partnerships where the partners, who are not Club members, are using the boat and the member is not present on board, or in some instances has not been seen on board for a long time. Therefore, the Committees have changed the Bye-Law as follows. This Bye-Law will not be retroactive.

• Where a Vessel is owned in partnership each partner must either be a Member of the Club or must have made an application for

Membership which is lodged with the Club. Only one Member can be nominated as the named hirer of the Marine Facility.

There is a very long waiting list for moorings and the club endeavors to utilise the moorings efficiently. Members who do not use their boats regularly will therefore be penalised.

• Members owning Vessels occupying a mooring or marina berth are required to make use of their Vessels by leaving the mooring regularly.

The definition of ‘regularly’ shall be set by the General Committee. At present this is six times in a six-month period. • If the Marine Office believes a Vessel has not been used as required, the Member will be contacted and asked to provide an explanation for the lack of use to the Marine Sub-Committee. • If a Vessel has not been regularly used, and unless dispensation is granted by the Marine Sub-Committee, an additional fee will be levied. The level of this additional fee will be determined from time to time by the General Committee. At present this is an increase in mooring fee of 50%. Should the boat still not be used further fees will be charged to the member until the boat is used regularly.

The non-usage rule is also applicable to class boats on the hard standing and dinghies on racks. The committees are aware that members may wish to own a second boat, on a mooring, in specific circumstances, such as a cruising boat for the members family and a racing boat for taking part in Club races. However, both boats must take part in Club events and be used regularly. This is covered in the Bye-Law below.

• Members may only occupy one hardstanding space and one mooring or marina berth unless prior permission has been obtained from the

Marine Sub-Committee and the Sailing Committee. The Member may be required to give a written assurance and supporting evidence to show that any additional Vessel will actively participate in events organised by the Club.

To ensure the usage of both boats the following Bye-Law has been introduced.

• Members who are allocated a second hardstanding space or mooring or marina berth after November 2021 must advise the Marine Office before the seventh day of each month how many times each Vessel has been used in the previous calendar month. • Members wishing to leave a Marine Facility vacant for an extended period should seek the approval of the Marine Sub-Committee in advance of the Vessel’s departure giving full reasons as to why this should be allowed.

To assist the Club, in temporarily allocating empty facilities, and the member, the following Bye-Law has been introduced.

• When the Marine Office is informed of a Vessel’s absence from her designated mooring or marina berth for a temporary period, the

Marine Office may sub-let the mooring or berth to another Member’s vessel for the period of absence. In this instance the member will be refunded 70% of his monthly mooring or berthing fee on a pro-rata basis. Members who wish to allow other vessels to use their mooring while the named Vessel is absent should seek the prior approval of the Marine Office.

Regretfully there have been several incidents where members vessels have been in a situation where their boat collided with another member’s boat and the member has not reported the incident to either the Club or the other boat. The committee have therefore had to introduce a new Bye-Law as below.

• Members shall notify the Marine Office if they cause damage to another vessel. Such notification should be made as soon as possible and, in any case, not later than the next business day.

The Club is primarily a sailing and rowing club and moorings are prioritized for sailing boats. However, there are some moorings that are not suitable for sailing boats, due to depth or location, and therefore there are some motor boats in the Club. The committees have therefore introduced the new Bye-Law below.

• Any change of Vessel using a mooring or marina berth from a sailing yacht to a motorboat requires the prior approval of the Marine Sub-

Committee and the Sailing Committee.

As we are a members’ Club the moorings are to be used by members and are not supposed to be used for the trading of boats. As such the new Bye-Law below has been introduced.

• Members may not change the Vessel allocated to a mooring or marina berth to another vessel within one year of the allocation without the prior consent of the Marine Sub-Committee.

Regretfully the Club pontoons have been used to store tenders and dinghies alongside that have not been looked after. These have filled with water, capsized and blocked entry to genuine tender users. The committees have therefore introduced a labeling system for all tenders and dinghies that are left alongside the Clubs pontoons and marina berths. Labels are available from the Marine Office. The Bye-Laws below refer.

• Only tenders registered with the Club and displaying a Club authorisation sticker may be left alongside a pontoon. • The tender must be no longer than 10 feet and if equipped with an engine it must be no more than 10 horsepower and must have a current valid license (if required). • Members must not allow tenders to accumulate fresh water inside them so as to prevent the breeding of mosquitoes. Members will be charged a cleaning fee if their tenders have to be emptied of water by club staff. The cleaning fee shall be determined from time to time by the General Committee. The fee at this time is $500 per time.

It is hoped that the new Bye-Laws will prove to be fair and equitable to all members of the Club so that all facilities can be enjoyed by all members. Happy Boating.