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Living on a boat in Hong Kong a ‘legal grey area’, say lawyers as residents face eviction from Discovery Bay Marina Club

Veteran maritime lawyer says regulations against doing so open to ‘wide interpretation’

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About 200 families living on boats at Discovery Bay Marina Club face eviction. Photo: Nora Tam

Living on a boat in Hong Kong is a legally grey area, with laws against it open to “liberal interpretation”, experts have said.

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The debate over the legality heated up after it was brought to public attention at the end of last month that about 200 families living on boats at the Discovery Bay Marina Club faced eviction in four months, as the club will be closed for renovation by the end of this year.

Boating industry insiders estimated fewer than 2,000 people live on boats across Hong Kong.

Asked how the government would help affected families, a Marine Department spokeswoman simply cited two laws: that a Class IV vessel – including yachts, cruisers and open cruisers – shall be used exclusively for pleasure purposes; and that it is not legal for such a vessel to be used solely as a dwelling. Those who breach this law can face a fine of HK$10,000.

Most of the Discovery Bay houseboats are Class IV vessels. And the government’s view on the legality of houseboats could have a major bearing on their ability to find somewhere else to live.

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The second law stipulates no person shall use a vessel as a dwelling within Hong Kong waters unless they got a licence before the regulation was introduced in 2007. Anyone who breaks this regulation can face a fine of HK$5,000 and six months in prison.

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