Privately owned Class IV vessels are classified as “private spaces”. As they are not “public spaces”, the group gathering regulation (Cap. 599G) does not apply.
Class IV Charter Boats that are hired for social gatherings are classified as “Party Rooms”.
SCENARIO
QUESTION:
"I wonder if you can help by advising what the situation is if you have two
paid crew on a pleasure boat. If they are working legally on the boat do
they count as a "household each " ? Or are they looked upon as the hired
help and you can still have two "households" on board ?"
ANSWER:
Anyone not ordinarily living in the same household will be considered
separately and so in your scenario you would have:
- two paid crew (if they lived together then they would be one household or
if living separately, they would be two households)
- one family (one household)
- one family (one household)
Thus in this case a 599G s.8E breach would be committed (there are at least
three households here).
It would not matter that the crew work for the family that owns the boat if
they would not ordinarily live together under the same roof.
Exemptions include where multiple families live together under the same
roof and also 'Carers' of persons in particular need etc are also exempt.
The 'multi-household' offence states that :
(1) If a prohibited multi-household gathering takes place, each of the
following persons commits an offence:-
(a) a person who participates in the gathering;
(b) a person who organizes the gathering;
(c) a person who: -
(i) owns, controls or operates the premises at which the gathering
takes place; and
(ii) knowingly allows the taking place of the gathering.
(2) The offender is liable on conviction to a fine at level 4 (HK$25,000)
and to imprisonment for 6 months (however, under (a), persons
participating in the gathering may be subject to a Fixed Penalty of HK
$5,000 instead).