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Kayaking? Legally Exempt from Mask Requirement

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  1. #1

    Join Date
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    Kayaking? Legally Exempt from Mask Requirement

    Want to exercise without a mask? Go kayaking.

    The mask law applies to indoor and outdoor <public spaces>, but a vessel if privately operated and not rented out / open for hire / taking fare lying passengers / etc, is considered a <private space>.

    By law, kayaks are vessels and are thus also private spaces. The grey area is if you are renting a kayak, but then again perhaps you were testing a kayak you wish to later purchase.

    Feel free to verify with Marine Department - Harbour Patrol section. They also “friendly advise me” that kayaking is “dangerous” and not to “obstruct” other boats. Never mind jet skis and fishermen...

    I would have preferred the following advice:
    Wear a life jacket always, equipped with a proper whistle and a strobe light, and wear a hat/helmet mounted light at night.

    HK_Katherine, mused, Sage and 1 others like this.

  2. #2

    Join Date
    Jul 2013
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    98

    Hahaha if 4 people go kayaking together? does that consider illegal gathering then?

    Not trying to being annoying, just trying to be funny. It's just there's too many details to be handled, isn't it?


  3. #3

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    LOL but in all seriousness..

    If they stay in their kayaks it would be fine as that rule of gathering is for public spaces.

    Moreover, Gov specifically said on Monday that the 2 person rule doesn’t apply to private cars. Would 3 cars side by side be a public gathering?

    Quote Originally Posted by bobobo:
    Hahaha if 4 people go kayaking together? does that consider illegal gathering then?

    Not trying to being annoying, just trying to be funny. It's just there's too many details to be handled, isn't it?

  4. #4

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    An interesting legal discussion on the above is quoted below.

    I stress that my above info was verified by the Marine Dept.

    https://dcc.law/covid-19-the-law-unmasked-a-new-cluster-of-regulations-an-overview-on-compliance-and-enforcement-powers-for-businesses-and-gatherings/


  5. #5

    Join Date
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    Yes, always wear a life vest you don't want to end up like Madam bellends for brains Naya Rivera.

    Or if you do, give one to your children/leave a note and will and a forwarding address for your Darwin Award trophy.

    Common decency.

    Last edited by angeluscomplex; 28-07-2020 at 05:48 PM.
    hike likes this.

  6. #6

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    Another less formal discussion is quoted below. They try to discuss if anchoring makes a difference, Marine Dept said it should not be relevant.https://www.sail-world.com/news/228179/


  7. #7

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    how about 1 adult and 2 kids on a SUP board rented from Stanley


  8. #8

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    Public gathering rule of 2, previously 4, does not apply to cohabitating family members when outside. I heard that maids would be considered part of the family for this rule. The key is cohabitation.

    The fact that you are renting make it a grey area, but I would assume that it’s not different from renting a private car without a driver which would be considered private.

    SUP - good question, I forgot to ask myself. I have asked them and am expecting a call back from a senior.

    Quote Originally Posted by chuckster007:
    how about 1 adult and 2 kids on a SUP board rented from Stanley
    chuckster007 likes this.

  9. #9

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    Dec 2019
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    @chuckster007

    I got the answer about SUPs. They would consider it such with a paddle, but not without a paddle. When I asked if a SUP is a raft, they said it depends on the use, hence the paddle factor. A raft is a boat which is a vessel. A ship generally is defined as a seagoing and some definitions include motor power as a necessity.

    Im generally found at the beaches, but since they closed them I have time to call gov depts and read e-legislation....

    “vessel“ (船隻) includes—

    (a)
    any ship, junk, boat, dynamically supported craft, seaplane, or any other description of vessel used in navigation; and

    (b)
    any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation;
    (Amended 24 of 2005 s. 2)

    https://www.elegislation.gov.hk/hk/cap548

    Sage likes this.

  10. #10
    dfc
    dfc is offline

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    Mardep have been very consistent in their press releases on the topic.

    They have issued precisely none.


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