SHIPPING AND PORT CONTROL ORDINANCE

SHIPPING AND PORT CONTROL ORDINANCE

ON

LAWS OF HONG
KONG

SHIPPING AND PORT CONTROL ORDINANCE

CHAPTER 313

OF

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





CHAPTER 313

SHIPPING AND PORT CONTROL ORDINANCE

ARRANGEMENT OF SECTIONS
Section ..................... Page
PART I
PRELIMINARY

1. Short title............................. ... ... ... ... ... ... ... 4
2. Interpretation...................1 ..... ... ... ... ... ... ... ... ... 4
3. Application ............................... ... ... ... ... ... ... ... 7

PART II

PORT FACILITIES

4. Installation of Government port facilities ... ... ... ... ... ... ... ... 7

5. Use of port facilities ................. ... ... ... ... ... ... ... ... 7

6. Restriction on installation of private port facilities, etc . ... ... ... ... ... 7

7. Damage, etc., to aids to navigation ..... ... ... ... ... ... ... ... ... 8
8. Liability for damage to port facilities, etc. ... ... ... ... ... ... ... 8

9. Power to require removal of unauthorized lights and signs ... ... ... 8

PART III

CONTROL OVER VESSELS AND
PORTS

10. Application of the international regulations for preventing collisions at sea ... 8

11........................Refusal of permission to enter or leave ... ... ... ... ... ... ... ... 9

12. Power to detain vessels ................... ... ... ... ... ... ... ... 9

13........................Penalty for taking detained vessel to sea ... ... ... ... ... ... ... ... 10

14. Director to be allowed to board ........ ... ... ... ... ... ... ... ... 10

15............................Port clearance to be obtained before departure ... ... ... ... ... ... 10

16. Power to give directions .................. ... ... ... ... ... ... ... 11
17. Ships to anchor in ports .................. ... ... ... ... ... ... ... 11

18. Dead ships ........................... ... ... ... ... ... ... 11
19. Laid-up vessels ...................... ... ... ... ... ... ... ... ... 12

20. Beaching, etc. of vessels .............. ... ... ... ... ... ... ... ... 12

21. Removal, etc. of stranded, abandoned or sunken vessels .... ... ... ... 13

22. Notice of change of ownership of stranded, abandoned or sunken vessels ... 14

23. Foreign vessels, etc . ................. ... ... ... ... ... ... ... ... 14

PART IV

LICENSED VESSELS

24. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
25. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15






26. Licensing of vessels ... ... ... ... ... ... ... ... ... ... ... ... ... 16





Section..................................... Page

27...........................Offences in relation to the carrying of passengers ... ... ... ... ... ... 17

28..................Offences in respect of vessels ... ... ... ... ... ... ... ... ... ... 17

29......................................Local certificates of competency for persons employed as masters, etc . ... 17

30. Cancellation or suspension of local certificates of competency on grounds of

incompetency, etc. ...................... ... ... ... ... ... ... ... 19

31. Offences relating to local certificates of competency ... ... ... ... ... ... 19

32.........................Surrender of local certificates of competency ... ... ... ... ... ... ... 20

33.........Regulations ....................... ... ... ... ... ... ... ... ... ... 20

34.......................Recovery of penalty by sale of vessels ... ... ... ... ... ... ... ... 22

35..................Saving of certain regulations ... ... ... ... ... ... ... ... ... ... 23

PART V

REPAIRS OR BREAKING UP OF VESSELS AND CARGO
HANDLING

36............Interpretation .............. ... ... ... ... ... ... ... ... ... ... 23

37.........Application .................. ... ... ... ... ... ... ... ... ... ... 25

38................Appointment of inspectors ... ... ... ... ... ... ... ... ... ... 25

39.....................Powers of Director and inspectors ... ... ... ... ... ... ... ... ... 25

40................................Restriction on carrying out repairs or breaking up of vessels ... ... ... ... 26

41............Safe atmosphere ............. ... ... ... ... ... ... ... ... ... ... 26

42.............................Directions regarding repairs or breaking up of vessels ... ... ... ... ... 26
43.............................Prohibition against use of dangerous equipment, etc . ... ... ... ... ... 27

44..................................Prohibition against carrying out works in dangerous conditions ... ... ... 28

PART VI

POLLUTION OF
WATER

45............Interpretation .............. ... ... ... ... ... ... ... ... ... ... 28

46...........................Discharge of oil into the waters of Hong Kong ... ... ... ... ... ... 28

47................Defences under section 46 ... ... ... ... ... ... ... ... ... ... ... 29

48.............................Duty to report discharge of oil into Hong Kong waters ... ... ... ... ... 30
48A............................Discharges under the Water Pollution Control Ordinance ... ... ... ... ... 30
PART VII
POLLUTION OF AIR
49. Interpretation 30
50. Emission of smoke from vessels 30

51. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 31

PART VIII







PORT DUES

52. Port dues and remissions ... ... ... ... ... ... ... ... ... ... ... ... 31
53. Payment of port dues ... ... ... ... ... ... ... ... ... ... ... ... ... 31
54. Failure to pay port dues ... ... ... ... ... ... ... ... ... ... ... ... 31
55. Recovery of port dues by seizure ... ... ... ... ... ... ... ... ... ... 32





Section..................................... Page

PARTIX

MISCELLANEOUS PROVISIONS

56..............Power to declare ports .... ... ... ... ... ... ... ... ... ... ... ... 32

57. Power of Governor to give directions ... ... ... ... ... ... ... ... ... 32

58................Delegation by Director ..... ... ... ... ... ... ... ... ... ... ... 32
59................Powers of authorized officers ... ... ... ... ... ... ... ... ... ... 33
60................Powers of investigating officers ... ... ... ... ... ... ... ... ... ... 34

60A. Powers of authorized officers to enter premises, etc. ... ... ... ... ... ... 35

60B......................Obligation to give certain information ... ... ... ... ... ... ... ... 37

60C..........................Proof of identity of master, etc. in proceedings ... ... ... ... ... ... 37
61...........................Giving of directions and offence of non-compliance ... ... ... ... ... ... 37
62...........................Director may give effect to directions in certain cases ... ... ... ... ... ... 38

63.......................Director's general power of exemption ... ... ... ... ... ... ... ... 39
64.......................Director's permission to do restricted acts ... ... ... ... ... ... ... ... 39

65..................Compliance by master or owner ... ... ... ... ... ... ... ... ... ... 40

66.......Appeals .......................... ... ... ... ... ... ... ... ... ... 40

67..................Duty to report collisions, etc . ... ... ... ... ... ... ... ... ... ... 40

68. Notification prior to arrival of damaged vessels, etc. ... ... ... ... ... ... 41

69..................Duty to report fires on vessels ... ... ... ... ... ... ... ... ... ... 41
70..................Boarding ships without authority ... ... ... ... ... ... ... ... ... ... 42

71..............Cutting of moorings .......... ... ... ... ... ... ... ... ... ... ... 42

72. Endangering the safety of others ... ... ... ... ... ... ... ... ... ... 42

72A...............Beaching or scuttling vessel ... ... ... ... ... ... ... ... ... ... ... 42

73. Discharge, storage, etc. of logs and other timber ... ... ... ... ... ... ... 42

74.........Obstruction ....................... ... ... ... ... ... ... ... ... ... 43
75.........False information ................. ... ... ... ... ... ... ... ... ... ... 43
76. Use of official log book in evidence 43
77. Notice to appear before a magistrate in respect of offences 44

78. Service of documents ... ... ... ... ... ... ... ... ... ... ... ... ... 45
79. Indemnity against damage, etc . ... ... ... ... ... ... .. ... ... ... ... 46
80. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 46
81. Validation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 48

Schedule. ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... 49





CHAPTER 313

SHIPPING AND PORT CONTROL

To provide for the regulation and control of ports and of vessels in
Hong Kong or in the waters of Hong Kong, the regulation and
control of repairs and breaking up of vessels, cargo handling on
vessels, pollution caused by vessels, and for other matters affect-
ing vessels and navigation in the waters of Hong Kong.
(Amended, 46 of 1981, s. 2)
[29 December 1978.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Shipping and Port Control
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

,,agent' means any person acting in Hong Kong as agent for the owner
of a vessel for the purposes of this Ordinance;

,laid to navigation' means a lighthouse, beacon or buoy, and any
cables, wires and other forms of communication apparatus
connected or used with a lighthouse, beacon or buoy;

,,authorized officer' means

(a)the Director and any public officer of the Marine Department
of or above the rank of Marine Inspector Class 11; (Amended,
46 of 1981, s. 3)

(b)any police officer of or above the rank of Sergeant; and
(Amended, 60 of 1979, s. 2)

(c)any public officer authorized in writing in this behalf by the
Director;

'beacon' means any light, mark or sign established as an aid to
navigation, other than a lighthouse or buoy;

'buoy' means any floating light, mark or sign established as an aid to
navigation, other than a lighthouse or beacon;

'cargo' means any goods, ships' stores, provisions and equipment, mail
and passengers' baggage, carried, or intended to be carried, in or
on a vessel;

'cargo handling means

(a)the loading of cargo on, or the unloading of cargo from, a
vessel;

(b) the transfer of cargo within a vessel; or

(c)the hoisting, lowering, moving and handling of cargo or any
other thing in any manner, on or from a vessel;





'dangerous goods' means the substances and articles which are
specified in the Schedule to the Dangerous Goods (Classifica tion)
Regulations;

'dead ship' means any ship exceeding 50 metres in length, other than a
laid-up vessel, which

(a) is, for any reason, unable to proceed under its own power;

(b)is, for any reason, unable to manoeuvre with its own steering
gear;

(c) is, for any reason, unable to work its own anchors; or

(d)has any part of the hull structure removed, or under repair,
which may affect the water-tight integrity of the ship;

'Director' means the Director of Marine;

'dynamically supported craft' means a craft that is operable on or
above water and the weight of which, or a significant part thereof,
is balanced in one mode of operation by other than hydrostatic
forces;

'international regulations for preventing collisions at sea' means
the international regulations for preventing collisions at sea
made under section 418 of the Merchant Shipping Act 1894
(including any amendments thereto), or any regulations replac-
ing those regulation;

'junk' includes any vessel

(a) of Chinese or other Asiatic build, construction or rig;

(b)of Chinese or other Asiatic build and constuction but of
European rig; or

(c)of European build and construction, but of Chinese or other
Asiatic rig,

whether such vessel is of a sea-going type or not and whether
mechanically propelled or not;

1aid-up vessel' means any vessel exceeding 50 metres in length, other
than a dead ship, which remains, or is to remain, within the waters
of Hong Kong through lack of employment or pending the outcome
of any legal proceedings before any court;

'lighthouse' includes a lightship and any floating or other light
exhibited for the guidance of ships, other than a beacon or buoy;

'master', in relation to a vessel other than a vessel to which Part IV
applies, means the person (except a pilot) having for the time being
command or charge of the vessel;

'mooring' includes a mooring dolphin or post, buoy, pontoon, floating
pier or other floating structure used for the mooring of vessels or to
assist in the embarkation or disembarkation to or from vessels;





,,owner'

(a) in relation to a vessel, means-

(i) the person or persons registered or licensed as the owner
of the vessel, or in the absence of registration or licensing, the
person or persons owning the vessel, except that in relation to
a vessel owned by a State which is operated by a person
registered as the vessel's operator, it means the person
registered as its operator; or

(ii) a demise charterer of the vessel; and

(b) in relation to cargo, includes-

(i) the consignor, consignee or shipper of the cargo; and

(ii) the agent of the owner of the cargo;

'pilot' means the person who is a pilot within the meaning of the
Pilotage Ordinance;

'place on land' means

(a) any premises, building or vehicle on land;

(b)any building, structure or object erected or placed on the bed
or shore of the sea; or

(c)anything afloat (other than a vessel) if it is anchored or
attached to the bed or shore of the sea;

'port' means any area of the waters of Hong Kong which is declared to
be a port under section 56;

'port dues' means any due, fee or charge payable under this Ordinance
in respect of a vessel which enters the waters of Hong Kong or
uses any port facility;

'port facility' means any aid to navigation, mooring or signal station;

'river trade limits' means

(a)the waters in the vicinity of Hong Kong within the following
boundaries

(i) to the East, meridian 114 30 East;

(ii) to the South, parallel 221 09 North; and

(iii) to the West, meridian 113 31 East; and

(b)all inland waterways in the provinces of Kwangtung and
Kwangsi on the mainland of China to which access can be
obtained by water from the area defined in paragraph (a);

',ship' means any vessel used in navigation other than a vessel
propelled by oars or a junk;

',signal station' means a signal station so specified by regulations made
under this Ordinance;

'tidal water' means any part of the sea or of a river within the ebb and
flow of the tide at ordinary spring tides;





'tons' and 'tonnage' mean tons and tonnage as calculated according
to British measurement of registered tonnage;

,'vessel' 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, 46 of 1981, s. 3)

'waters of Hong Kong' means all tidal waters, navigable or not, within
the boundaries of Hong Kong specified in the Second Schedule to
the Interpretation and General Clauses Ordinance.

3. (1) This Ordinance shall, except where otherwise specially
provided, apply to all vessels in Hong Kong or in the waters of Hong
Kong, including vessels for the time being used by the Hong Kong
Government and all warships and ships for the time being used by Her
Majesty's Government or the Government of any State. (Amended, 46 of
1981, s. 4)

(2) Nothing in this Ordinance shall derogate from the provisions of
any other law.

PART II

PORT FACILITIES

4. The Director may lay, place, erect and maintain under his control
in the waters of Hong Kong such port facilities as he thinks fit.

5. (1) Subject to any other provision of this Ordinance, no person
shall use a port facility otherwise than for the purpose for which it is
provided.

(2) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $5,000.

6. (1) Subject to subsection (2), except with the written permission
of the Director, no person shall lay, place, erect or maintain a port
facility or any floating or other structure in the waters of Hong Kong.

(2) The Director may, by notice in the Gazette, specify any area of
the waters of Hong Kong in which any floating or other structure
specified in the notice may be laid, placed, erected or maintained without
the permission of the Director.

(3) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $5,000.

(4) Without prejudice to the liability for an offence under
subsection (3), the Director may give such directions as he thinks fit





for the removal, moving or modification of a port facility or any floating
or other structure laid, placed, erected or maintained in contravention of
subsection (1).

7. (1) Any person who wilfully or negligently-

(a)removes, alters, damages, destroys, or interferes with, any aid
to navigation or mooring; or

(b) makes fast to any aid to navigation,

commits an offence and is liable to a fine of $5,000.

(2) If an offence under subsection (1) is committed by a person on
or in respect of a vessel, then, in addition to that person, the owner and
the master of the vessel commit an offence and each of them is liable to a
fine of $5,000.

8. (1) Where any damage is caused by a vessel to any port facility,
pier, breakwater or other property owned by the Government, the owner
and the master of the vessel shall, without prejudice to the liability for
an offence under this Ordinance, be jointly and severally liable for any
loss arising out of the damage to the extent that such loss is attributable
to any fault on the part of the vessel or to any wilful or negligent act of
any person on the vessel.

(2) Such loss may be recovered by the Director as a civil debt.

9. The Director may direct an owner or his agent or the master of
any vessel, or any person who appears to him to be the owner or
occupier of a place on land, at or from which there is exhibited a light or
illuminated sign which, in the opinion of the Director--

(a)obscures, restricts or interferes with, or is likely to obscure,
restrict or interfere with, the functions or use of any signal.
station or aid to navigation;

(b)is likely to be mistaken for a light or signal proceeding from
any signal station or aid to navigation; or

(e)in any way interferes with, or is likely to interfere with, the safe
navigation of vessels in the waters of Hong Kong,

to remove the light or illuminated sign or to extinguish or screen it in the
manner specified in the direction.

PART Ill

CONTROL OVER VESSELS AND PORTS

10. (1) The international regulations for preventing collisions
at sea shall apply to all vessels within the waters of Hong Kong,
subject to any special provision in or under this Ordinance relating
to any requirement contained in such regulations.

(2) If a contravention of the international regulations for
preventing collisions at sea as applied under subsection (1) is caused




within the waters of Hong Kong b the wilful default of the master
of a vessel, the master commits a offence and is liable to a fine of $10,000.

(3) If an injury to a person or damage to property arises within
the waters of Hong Kong from a contravention of the international
regulations for preventing collisions at sea as applied under subsec-
tion (1), the injury or damage shall be deemed to have been caused
by the wilful default of the person in charge of the deck of the vessel
at the time, unless it is shown to the satisfaction of the court that the
circumstances of the case made a departure from the regulations
necessary.

11. (1) Notwithstanding any other provision of this Ordinance, the
Director may, if he is satisfied that there is reason for doing so, refuse
permission for a vessel, or class, type or description of vessel, to enter
or leave the waters of Hong Kong.

(2) Where a vessel is refused permission under subsection (1) to
leave the waters of Hong Kong, the Director shall inform the owner or
his agent or the master of the vessel of the grounds on which the
permission has been refused.

(3) Where a vessel which is refused permission under subsection
(1) to enter or leave the waters of Hong Kong so enters or leaves, as the
case may be, the owner and the master of the vessel commit an offence
and each of them is liable to a fine of $20,000 and to imprisonment for
one year.

(4) This section does not apply to any warship or other ship for the
time being used by Her Majesty's Government other than for commercial
purposes.

12. (1) Where

(a) a vessel is refused permission to leave the waters of Hong

Kong under section 11; or

(b) it is provided in this Ordinance that under specified condi

tions a vessel shall not leave any port or the waters of Hong
Kong,

the Director may take such steps as are necessary to detain the vessel
in such port or waters.

(2) If the Director incurs any cost in detaining a vessel under
subsection (1), he may recover the cost

(a) as a civil debt from the owner or master of the vessel; or

(b) under section 55 as if the cost represented port dues

~c oc

payable in respect of the vessel.

(3) Where any foreign vessel is detained under subsection (1),
notice thereof shall be given to the consular officer for the State to
which the vessel belongs, and if there is no such consular officer to the
master of the vessel, and such notice shall specify the grounds on
which the vessel has been detained.





13. (1) If a vessel which is detained under section 12 proceeds
to sea the master, and the owner or his agent if he is party or privy to
such action, commit an offence and each of them is liable to a fine of
550,000 and to imprisonment for 2 years.

(2) Where a vessel proceeds to sea in contravention of subsec-
tion (1) whilst having on board a public officer who is acting in the
execution of his duty-

(a)the master and the owner or his agent, in addition to
committing an offence under subsection (1), commit an
offence under this subsection and each of them is liable to a
fine of $20,000 and to imprisonment for 6 months, and to
an additional fine of $1,000 for each day during the period
from the date on which the vessel proceeded to sea until the
date on which the officer is returned to Hong Kong or, if he
does not return directly to Hong Kong, would have
returned if he had travelled by the quickest practicable
route; and

(b)the master and the owner and his agent shall be jointly and
severally liable to pay all expenses incidental to the taking
of the officer to sea and to securing his return to Hong
Kong, and all such expenses may be recovered in the same
manner as a fine.

14. (1) When a ship arrives within the waters of Hong Kong,
the master of the ship shall allow and assist the Director to board the
ship as soon as he comes alongside the ship and shall give to the
Director such information as he may be required to give under this
Ordinance.

(2) Any master or officer of a ship who-

(a)fails to allow, or fails to assist, the Director to board the
ship; or

(b) delays or impedes the, Director from boarding the ship,

commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

15. (1) Subject to subsection (2), no vessel shall proceed to sea
unless there is in relation to the vessel a valid port clearance in
writing obtained in the prescribed manner.

(2) Subsection (1) shall not apply-

(a)to any warship or other ship for the time being used by Her
Majesty's Government or the Government of any State for
other than commercial purposes;

(b)to any vessel for the time being used by the Hong Kong
Government;

(c)to any vessel of a class that is exempted by the Director by
notice in the Gazette from the operation of this section;





(d)to any vessel that is obliged to leave any port or the waters of
Hong Kong due to weather conditions, or other circumstances
beyond the control of its master, in the interests of safety of
the vessel, its cargo, crew or passengers.

(3) If subsection (1) is contravened, the master commits an offence
and is liable to a fine of $10,000 and to imprisonment for 6 months.

16. The Director may give to an owner or his agent or to a master
of, or other person who appears to the Director to be in control over, a
vessel such directions as he thinks fit in any particular case

(a)for controlling the vessel when entering or leaving the waters
of Hong Kong;

(b)for controlling the navigation and movement of the vessel in
the waters of Hong Kong;

(c)as to the place and manner in which the vessel shall be
berthed, moored, anchored or secured;

(d)for the removal of the vessel from any berth, mooring or
anchorage to another berth, mooring or anchorage;

(e)prohibiting the berthing, mooring or anchoring of the vessel in
any particular place;

(f)for ensuring the safety of, or preventing the outbreak of fire
on, the vessel in the waters of Hong Kong. (Amended, 46 of
1981, s. 5)

17. (1) Subject to subsection (2), no ship or junk shall, except with
the permission of the Director, anchor at any place in the waters of
Hong Kong other than in a port or at a specified anchorage specified in
the Third Schedule to the Pilotage Ordinance. (Amended, 29 of 1985, s.
8)

(2) Subsection (1) shall not apply where a ship or junk anchors at
any place in the waters of Hong Kong, other than in a place in which
anchoring is expressly restricted or prohibited under this Ordinance,
because of stress of weather or other sufficient cause.

(3) If subsection (1) is contravened, the master commits an offence
and is liable to a fine of $10,000 and to imprisonment for 6 months.

18. (1) No dead ship shall, except with the permission of the
Director, enter, or be brought into, the waters of Hong Kong.

(2) Subject to subsection (4), no dead ship shall, except with the
written permission of the Director, be berthed, moored or anchored at
any place in the waters of Hong Kong.

(3) Subject to subsection (4), no owner, agent or master of a ship
which is within the waters of Hong Kong shall, except with the written
permission of the Director, carry out, or cause to be carried





out, any maintenance or repair work on the ship which will result in the
ship becoming a dead ship.

(4) Subsections (2) and (3) do not apply to a dead ship which is
drydocked or within the precincts of, or berthed or moored alongside, a
dockyard.

(5) Without prejudice to section 64(5), a permission granted under
this section may be withdrawn or cancelled by the Director at any time if
the dead ship becomes, or is likely to become, a danger to life, other
vessels, port facilities or other property.

1 (6) If without reasonable excuse subsection (1), (2) or (3) is
contravened, the owner or his agent and the master commit an offence
and each of them is liable to a fine of $10,000 and to imprisonment for 6
months.

19. (1) Subject to subsection (2), no laid-up vessel shall, except
with the written permission of the Director, be berthed, moored or
anchored at any place in the waters of Hong Kong.

(2) Subsection (1) does not apply to a laid-up vessel which is
drydocked or within the precincts of, or berthed or moored alongside, a
dockyard.

(3) If without reasonable excuse subsection (1) is contravened, the
owner or his agent and the master commit an offence and each of them is
liable to a fine of 10,000 and to imprisonment for 6 months.

20. (1) Where a vessel-

(a) is on fire;

(b) has suffered damage by fire, explosion or collision; or

(c)is disabled, stranded or out of control because of damage, bad
weather or mechanical failure,

the Director may, if he has reasonable grounds to believe that any of the
circumstances specified in subsection (2) prevail, direct the owner or
master of he vessel

(i) to beach the vessel;

(ii) to take the vessel outside the limits of a port; or

(iii) to take such other action as the Director thinks fit.

(2) The circumstances for the purposes of subsection (1) are that
the vessel

(a)is, or is likely to become, a danger to life, other vessels, aircraft
or navigation;

(b) is causing, or is likely to cause, pollution of the waters of
Hong Kong;

(c)is causing, or is likely to cause, damage to port facilities or
other property.





(3) If without reasonable excuse any direction given under
subsection (1) is not complied with, the owner or master to whom
the direction is given commits an offence and is liable to a fine
of $20,000 and to imprisonment for one year.

21. (1) The Director may give to an owner or master of, or
other person who claims or appears to the Director to exercise
control over, a vessel which is stranded, abandoned or sunk in the
waters of Hong Kong such directions as he thinks fits in respect of
the removal, movement, anchoring, mooring, securing, raising or
destruction of the vessel.

(2) If without reasonable excuse any direction given under
subsection (1) is not complied with, the person to whom the
direction is given commits an offence and is liable to a fine of $20,000
and to imprisonment for one year.

(3) The Director may seize and detain a vessel referred to in
subsection (1) together with any cargo and other things on board
if-

(a) a direction given under subsection (1) is not complied with;

(b)after reasonable inquiry he is unable to ascertain the
ownership of the vessel or to trace the owner or master of
the vessel; or

(c)no person claims or appears to the Director to exercise
control over the vessel.

(4) For the purposes of seizing a vessel, cargo or other things
under subsection (3), the Director may take, or cause to be taken,
any action that is necessary including the employment of pilots and
the use of tugs and equipment to remove, move, anchor, moor,
secure or raise the vessel, cargo and other things.

(5) The Director shall publish in the Gazette and in one
English language and one Chinese language newspaper circulating
in Hong Kong a notice of a seizure effected under subsection (3) and
the notice shall specify-

(a)the names (if known to the Director) of the persons whom
the Director believes to be the owner and the master of the
vessel;

(b)the name (if known to the Director) of the person whom
the Director believes to be the owner or otherwise entitled
to the possession of any cargo or other things on board;

(c)a description of the vessel and the place at which it was
seized;

(d) a description of the cargo or other things on board; and

(e)a reasonable period within which and the place at which a
claim shall be submitted to the Director for the release of
the vessel, cargo or other things on board.





(6) If a valid claim to a vessel, cargo or other things seized under
subsection (3) is submitted at any time before a notice is published
under subsection (5) or within the period specified in a notice published
under that subsection, the Director shall, on payment to him of all
expenses involved in the seizure and custody of the vessel, cargo or
other things, as the case may be, release the vessel, cargo or other
things to the claimant.

(7) If the release of a vessel, cargo or other things is not obtained in
pursuance of subsection (6), the Director may sell, or otherwise dispose
of in such manner as he thinks fit, the vessel, cargo or other things, as
the case may be, and in the case of sale the proceeds, after deducting all
expenses payable under subsection (6) and any reasonable expense
incurred in the sale, shall be paid to the person making a valid claim
thereto within one year after the date of sale or forfeited to the Crown if
not claimed within that period.

22. (1) Where the owner of a vessel which is stranded, abandoned
or sunk in the waters of Hong Kong sells the vessel, or otherwise parts
with the ownership of the vessel, he shall forthwith notify the Director
in writing of the name and address of the new owner of the vessel.

(2) Any owner who contravenes subsection (1) commits an offence
and is liable to a fine of $10,000.

23. Where-

(a)a foreign vessel is stranded, abandoned or sunk in the waters
of Hong Kong; or

(b)a foreign vessel which is stranded, abandoned or sunk near
the coast of Hong Kong, or any part of such vessel or cargo
or other thing belonging thereto, is brought into Hong Kong,

and the owner or master of the vessel, or the owner of the cargo or other
thing, as the case may be, is not in Hong Kong

(i)the consular officer of the country to which the vessel, or in
the case of cargo or other thing to which its owner, may have
belonged; or

(ii) the consular officer of that country authorized in that behalf by
any treaty or arrangement with that country,

shall be deemed to be the agent of the owner of the vessel, cargo or
other thing so far as relates to its custody and disposal.

PART IV

LICENSED VESSELS

24. (1) In this Part, unless the context otherwise requires-

,,crew' means the master and any other person employed or engaged

in any capacity on board a vessel on the business of the vessel;





'dwelling vessel' means a vessel which

(a)is used, constructed or adapted principally for dwelling
purposes;

(b)tends to remain stationary in any area of the waters of Hong
Kong; and

(c)is not required to be licensed as a Class 111 vessel under the
Merchant Shipping (Miscellaneous Craft) Regulations;
(Added, 12 of 1983, s. 2)

'licence', in relation to any vessel to which this Part applies, means a
licence granted under the regulations made under this Part;

local certificate of competency' means a certificate of competency,
issued under this Part; (Added, 36 of 1986, s. 2)

'master' means the person having for the time being command or
charge of the vessel; but where there is no such person or the
vessel is in command or charge of a person under the age of 16, the
person whose name appears as the licensee in the licence granted
in respect of that vessel shall be deemed to be the master thereof,

'passenger' means any person carried in a vessel other than the

crew. (Amended, 36 of 1986, s. 2)

(2) For the purposes of paragraph (c) of the definition of 'dwelling
vessel' and of any proceedings in connexion with a dwelling vessel, a
certificate purporting to be signed by or on behalf of the Director that a
vessel is not required to be licensed as a Class 111 vessel under the
Merchant Shipping (Miscellaneous Craft) Regulations shall be proof
thereof unless the contrary be proved. (Added, 12 of 1983, s. 2)

25. (1) Without prejudice to any other provision of this Ordinance,
and subject to subsection (3) and section 35(3), this Part applies to

(a)any vessel regularly employed in trading, or going, within river
trade limits;

(b) any vessel employed in sea fishing;

(c) any vessel possessed or used for pleasure purposes;

(Amended, 46 of 1981, s. 6)

(d)any other description of vessel, whether self-propelled or not,
used in navigation solely within the waters of Hong Kong; and

(e)any other description of vessel in the waters of Hong Kong
not used in navigation or not constructed or adapted for use in
navigation.

(2) This Part shall apply to a vessel specified in subsection (1)
whether or not the vessel is provided with a certificate of registry or
certificate of foreign registry for the purposes of the Merchant Shipping
Ordinance.





(3) This Part shall not apply to-

(a)any trawler to which Part XII of the Merchant Shipping
Ordinance applies;

(b)any vessel which is for the time being used for any purpose
by Her Majesty's Government, the Hong Kong Govern-
ment or any State;

(e)any vessel authorized by virtue of a Passenger and Safety
Certificate to carry passengers within river trade limits;
and

(d)any vessel referred to in subsection (1)(c) that has never
been launched. (Added, 46 of 1981, s. 6)

26. (1) Subject to section 35, every vessel to which this Part
applies shall be licensed in accordance with the regulations made
under this Part.

(2) If subsection (1) is contravened, the owner and the master
commit an offence and each of them is liable to a fine of $20,000 and
to imprisonment for 1 year. (Amended, 46 of 1981, s. 7)

(3) Without prejudice to the liability for an offence under this
section, the Director may, in the case of-

(a)a vessel which is not licensed, require the owner of the
vessel to pay, in addition to the prescribed licence fee for
the issue of a licence, the prescribed licence fees which
would have become payable if the vessel had been licensed
from the date the vessel has been without a licence in
contravention of this section; (Amended, 46 of 1981, s. 7)

(b)a vessel the licence of which is not renewed from the date
of expiry of the previous licence, require the owner of the
vessel to pay, in addition to the prescribed licence fee
for the renewal of the licence, the prescribed licence fees
which would have become payable if the licence had been
renewed from the date of expiry of the previous licence.

(4) The owner of a vessel may be required to pay the addi-
tional licence fees payable under subsection (3) in respect of a period
prior to the issue or renewal of a licence whether or not he was the
owner of the vessel during that entire period.

(5) The additional licence fees under subsection (3) shall not
be payable in respect of-

(a) any continuous period exceeding 6 months during which
the vessel has not been in use if the owner of the vessel
produces evidence to that effect to the satisfaction of the
Director; or 1

(b)any period during which the licence of the vessel was
terminated by notice to the Director.





27. (1) No unlicensed vessel shall carry any passenger.

(2) No licensed vessel shall carry any passenger unless the
conditions of its licence permit the carriage of passengers.

(3) No licensed vessel shall carry more passengers and crew than
may lawfully be carried under the conditions of its licence.

(4) If without reasonable excuse subsection (1) or (2) is
contravened, the owner or his agent and the master commit an offence
and each of them is liable to a fine of $50,000 and to imprisonment for 2
years, and to an additional fine of $5,000 in respect of each passenger
carried on the vessel in contravention of the subsection.

(5) If without reasonable excuse subsection (3) is contravened, the
owner or his agent and the master commit an offence and each of them
is liable to a fine of $20,000 and to imprisonment for one year, and to an
additional fine of $2,000 in respect of each person carried in excess of
the number that may lawfully be carried.

28. (1) Any person who places on any safety valve of a vessel a
pressure greater than that allowed under the conditions of its licence, or
would have been allowed if the vessel had been licensed, commits an
offence and is liable to a fine of $50,000 and to imprisonment for 2 years.

(2) Any owner or master of a vessel who permits the vessel to
operate while in an unseaworthy or unsafe condition, whether by reason
of overloading or from any other cause whatsoever, commits an offence
and is liable to a fine of $50,000 and to imprisonment for 2 years.

(3) Without prejudice to any other penalty, the owner or master
who commits a breach of any condition of the licence commits an
offence and is liable to a fine of 10,000 and to imprisonment for 6
months.

29. (1) The Director shall cause examinations to be conducted for
the grant of local certificates of competency required to be held by
persons employed as masters or deck or engineering crew on vessels,
and shall appoint examiners for that purpose. (Amended, 36 of 1986, s.
3)

(2) The Director may make rules prescribing or providing for

(a)the issue by the Director of local certificates of competency
and the method of granting such certificates;

(b)the classes and grades of local certificates of competency and
the endorsements appropriate to each class and grade;

(c)the combining of two or more classes or grades of local
certificate of competency in one document if appropriate;

(d)the addition or removal of endorsements on local certificates
of competency;





(e)the recognition of one type of local certificate of com-
petency as equivalent to another type of local certificate
of competency for all or specified purposes;

the procedure for applying for a local certificate of com-
petency and for the conduct of examinations under sub-
section (1);

(g)the subjects to be taken at such examinations or the
manner in which those subjects are to be specified;

(h)the standards of competency to be attained by candidates
in order to pass such examinations and other conditions
to be satisfied by candidates, and applicants for a local
certificate of competency;

(i)the requirements to be satisfied for a person to be
exempted under subsection (5) from any part of such
an examination;

(j)the requirements to be satisfied for the grant of a local
certificate of competency under subsection (4);

(k)the recognition of certificates of competency issued by
the Director under any enactment or by the appropriate
authority of another country as equivalent, for all
purposes or for purposes specified by the Director, to
local certificates of competency required to be held by
any person under this Part;

(1)the issue of a copy of any local certificate of competency
which has been lost, destroyed, damaged or defaced;

(m)the surrender of local certificates of competency upon their
expiry or replacement;

(n)fees and forms, in relation to examinations conducted
under subsection (1), the issue of local certificates of
competency and recognition of certificates of competency
as equivalent to local certificates of competency;

(o)generally, provisions in respect of local certificates of
competency. (Replaced, 36 of 1986, s. 3)

(3) The Director may publish any rules made under subsec-
tion (2) in such manner as he thinks fit, and shall, on payment of
such charge as the Director may determine, provide a copy of the
rules to any person.

(4) The Director may grant a local certificate of competency as
a master or deck or engineering crew to a person without requiring
him to undergo the appropriate examination prescribed in the rules
made under subsection (2), if the person produces to the Director
suitable documentary evidence, or satisfies the Director in a manner
prescribed in the rules, of his competence for the grant of such a
certificate.(Replaced, 36 of 1986, s. 3)





(5) Without prejudice to subsection (4), the Director may
exempt a person from undergoing any part of the appropriate
examination for the grant of a local certificate of competency
prescribed in the rules made under subsection (2), if the person
satisfies the Director in a manner prescribed in the rules that he is
qualified for such exemption. (Added, 36 of 1986, s. 3)

(6) Rules made under subsection (2) may direct that no local
certificate of competency shall be granted to any person unless-

(a)he has reached such minimum age as may be prescribed;
and

(b)he has obtained such experience or performed such service
on such type of vessel as may be prescribed. (Added, 36
of 1986, s. 3)

(7) Rules made under subsection (2) may direct that a local
certificate of competency shall expire upon the holder's attaining
such age as may be prescribed but that it may thereafter be extended
for such periods and in such manner as may be prescribed. (Added,
36 of 1986, s. 3)

30. (1) The Director may cancel, or suspend for any period,
any local certificate of competency, if it is proved to his satisfaction
after due inquiry that the holder of the certificate has been guilty of
incompetence, misconduct or negligence in the performance of his
duties. (Amended, 36 of 1986, s. 4)

(2) A person aggrieved by a decision of the Director under
subsection (1) may, within 14 days after being informed of the
decision, by notice in writing delivered to the Registrar of the
Supreme Court, appeal to such judge, District Judge, or magistrate
as the Chief Justice may nominate; and on hearing the appeal the
judge, District Judge, or magistrate may make such order con-
firming, varying, or setting aside the decision of the Director as he
considers just.

(3) A copy of the notice of appeal delivered under subsec-
tion (2) shall be served on the Director who shall be entitled to be
heard as respondent at the hearing of the appeal.

31. (1) Any person who-

(a)makes, assists in making or procures to be made any false
representation for the purpose of procuring, either for
himself or for any other person, a local certificate of
competency;

(b)fraudulently uses a local certificate of competency or copy
of a local certificate of competency which has been forged,
altered, cancelled or suspended or to which he is not
entitled; or

(c)fraudulently lends his local certificate of competency or
allows it to be used by any other person,





commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

(2) Where a person is convicted of an offence under subsec-
tion (1) the Director may cancel, or suspend for any period, the
local certificate of competency in respect of which the offence is
committed.
(Amended, 36 of 1986, s. 5)

32. If, on the cancellation or suspension of a local certificate
of competency under section 30 or 31, the holder of the certificate,
or any person in possession of it, without reasonable excuse fails to
deliver it to the Director on being required by him to do so, he
commits an offence and is liable to a fine of 55,000.
(Amended, 36 of 1986, s. 6)

33. (1) Without prejudice to the power to make regulations
under section 80, and without prejudice to the application of
regulations made under that section (except so far as they are
inconsistent with regulations made under this section), the Governor
in Council may make regulations in respect of vessels to which this
Part applies for all or any of the following matters-

(a) the regulation, control and use of vessels;

(b) the licensing of vessels and the renewal of licences, and in





(f)the life-saving appliances and fire-fighting apparatus to be
provided on vessels, and the training of the crew in the use of
such appliances or apparatus;

(g)the survey or inspection of vessels and the issue (and
cancellation) of certificates of survey or inspection;

(h) the classification of vessels;

(i) the application of the international regulations for
preventing collisions at sea;

(j)the employment on vessels of a master and deck and
engineering crew who possess local certificates of
competency or certificates of competency recognized as
equivalent to local certificates of competency by rules made
under this Part; (Amended, 36 of 1986, s. 7)

(k) the number and grade of crew to be employed on vessels;

(1)the engagement and discharge of crew, their conditions of
employment, and their hours of work and rest periods;

(m) the duties of owners and crew;

(n)regulating the noise, vibration and smoke which may be
caused by vessels;

(o)regulating the hiring of vessels, the carriage of passengers
and the plying limits;

(p)empowering the Director to provide anchorages and mooring
areas for vessels, and to control and regulate their use;

(q)the use of piers and the embarkation and disembarkation of
persons;

(r)the inquiry into charges of incompetency, misconduct or
negligence of or by masters or deck or engineering crew and
prescribing the procedure at such inquiries;

(s)the registration of persons dwelling in any specified type or
class of vessels;

(t) the fees and charges payable under the regulations;

(u)empowering the Director to amend any Schedule to the
regulations;

(v)generally for the better carrying out of the provisions and
purposes of this Part.

(1A) Regulations made under this section for the regulation,
control, use and licensing of dwelling vessels may

(a)empower the Governor to declare any area of the waters of
Hong Kong to be an area closed to dwelling vessels and
within which no dwelling vessel may enter or remain;

(b) empower the Director to-











(i) order the removal, within such time as may be
prescribed, of any dwelling vessel from any part of the
waters of Hong Kong being an area in respect of which a
licence is required or being an area declared to be closed to
dwelling vessels;
(ii) seize, remove and detain any dwelling vessel in
respect of which an order for removal has been made and
not complied with;
(iii) remove any person or property found on any
dwelling vessel that has been seized and detained;
(iv) sell, by public auction or otherwise, any dwelling
vessel which has been seized and detained;
(v) destroy or otherwise dispose of any vessel that has
been seized and detained and which he is unable to sell;
(vi) pay any proceeds of sale of a dwelling vessel to the
owner thereof, if known, or if the owner is not known or
does not claim such proceeds, pay the same into general
revenue;

(c)provide for the seizure and disposal of any property found
on a dwelling vessel which has been seized and detained
and, in particular, may provide that any such property
shall become the property of the Crown free from the
rights of any person and may be disposed of as the
Director thinks fit;

(d)provide for the service of an order to remove a dwelling
vessel from any part of the waters of Hong Kong by
affixing such order to a prominent part of the vessel.
(Added, 12 of 1983, s. 3)

(2) Any regulations made under this section may provide that
a contravention of specified provisions thereof is an offence and may
prescribe penalties therefor not exceeding a fine of $20,000 and
imprisonment for one year.

34. (1) Where an owner or master of a vessel who is convicted
of an offence under this Part or under regulations made under
section 33 fails to pay any fine imposed in respect of the offence, the
Director may sell the vessel in respect of which the offence was
committed and apply the proceeds in payment of the fine, and the
balance (if any), after deducting any reasonable expense incurred in
the sale, shall be paid to the owner of the vessel if claimed within 6
months after the date of the sale or forfeited to the Crown if not
claimed within that period.

(2) Not less than 14 days before a vessel is sold under
subsection (1), the Director shall give to the owner of the vessel
notice in writing of the intended sale, but notice under this subsec-
tion shall not be necessary where there is no such owner or the
Director is unable to find the owner.





(3) Any vessel sold under this section shall be transferred to the
purchaser thereof, at the expense of the purchaser, by a bill of sale from
the Director which shall confer upon such purchaser an absolute title to
such vessel.

35. (1) For the avoidance of doubt, it is hereby declared that,
notwithstanding the repeal of Parts XIII and XIV of the Merchant
Shipping Ordinance, the following regulations (hereinafter referred to as
the specified regulations)

(a)the Merchant Shipping (Launches and Ferry Vessels)
Regulations;

(b)the Merchant Shipping (Miscellaneous Craft) Regulations;
and

(c) the Merchant Shipping (Pleasure Vessels) Regulations,

shall, save in so far as they are inconsistent with any of the provisions
of this Ordinance or any regulations made thereunder, continue in
operation until such time as they are replaced by regulations made
under section 33 which are expressed to be in substitution of the
specified regulations, and shall be deemed for all purposes to have been
made under section 33 and to be liable to amendment thereby or
thereunder.

(2) The Governor in Council may by regulation amend those
provisions of the Merchant Shipping (Fees) Regulations which relate to
launches, ferry vessels, miscellaneous craft and pleasure vessels.

(3) For the purposes of this section, the vessels to which this Part
applies include launches, ferry vessels, miscellaneous craft and
pleasure vessels to which the specified regulations apply.

PART V

REPAIRS OR BREAKING UP OF VESSELS AND CARGO HANDLING

36. In this Part, unless the context otherwise requires---

'inspector' means a person appointed under section 38 to be an
inspector;

'lifting appliance' means a crane, winch, hoist, derrick boom, sheer legs,
fork lift truck or other self-propelled machine, and any other
description of lifting appliance, derrick and mast bands, goose-
necks, eyebolts, and all other permanent attachments to a derrick,
mast or deck, used on a vessel for the purposes of hoisting or
lowering in connexion with cargo handling;

'lifting gear' includes a chain sling, rope sling, canvas sling, net, tray,
board, box, bull rope, snotter, can hook or other means of
supporting cargo and attachments thereto including a ring, link,
hook, plate, clamp, shackle, swivel, eyebolt, bridle, beam, spreader,
rope and wire, used on a vessel in connexion with cargo handling;





'machinery, equipment or appliance', in the case of

(a)repairs to a vessel, means any machinery, equipment or
appliance provided or used for that purpose;

(b)the breaking up of a vessel, means any machinery, equipment
or appliance provided or used for that purpose; and

(c)cargo handling, means any lifting appliance or lifting gear
provided or used for that purpose;

'person in charge of works' means

(a)the owner or master of, or other person having control over,
the vessel on or to which any works are to be, or are being,
carried out; or

(b)a principal contractor or sub-contractor, if any, who contracts
to carry out, or who carries out, any works;

'principal contractor' means a person who enters into a contract
directly with the owner or master of, or other person having control
over, the vessel to carry out any works;

'repairs', in relation to

(a)any vessel, means any repairs, alterations or maintenance
works on or to the vessel carried out by any person other than
a member of the crew or master of the vessel or that involve or
are likely to involve the safety of any person other than a
member of the crew or the master; and

(b)any vessel carrying dangerous goods, means any repairs,
alterations or maintenance works on or to the vessel capable
of providing an ignition source, including those that involve
welding, burning or the use of blow lamps, braziers or other
devices using combustible materials;

'sub-contractor' means

(a)any person who enters into a contract, express or implied,
with a principal contractor to perform all or any part of the
works which the principal contractor has contracted to
perform; and

(b)any other person who enters into a contract, express or
implied, to perform all or any part of the works which a sub-
contractor within the meaning of paragraph (a) has contracted
to perform;

'works' means

(a) repairs to any vessel;

(b) the breaking up of a vessel; or

(c) cargo handling on a vessel.





37. (1) Subject to subsection (2), this Part shall not apply to
repairs to, or the breaking up of, a vessel which is-

(a) 50 metres or less in length;

(b) in a dock other than a floating dock; or

(c) on a slip or mechanical lift.

(2) The Director may, in the case of any vessel referred to in
subsection (1)(a), give written notification to the person in charge
of works that this Part applies to that vessel.

38. The Director shall appoint such persons as he thinks fit to
be inspectors for the purposes of this Part.

39. (1) The Director and an inspector shall have power-

(a)at any reasonable time (or, in a situation which in the
opinion of the Director or an inspector is or may be
dangerous, at any time) to board any vessel within the
waters of Hong Kong which he has reason to believe it is
necessary to board for the purposes of this Part, and for
the purpose of boarding any such vessel which is floating
alongside any premises at a seawall or pier, to enter such
premises;

(b)to take with him such persons as may be necessary to assist
him in the exercise of his powers, or performance of his
duties, under this Part;

(c)to inspect and examine any vessel on or to which any
works are being carried out;

(d)to make such examination and inquiry as may be necessary
to ascertain that safe working conditions obtain and that
the provisions of this Part are complied with;

(e)to investigate any accident involving any works or injury
to any person arising out of or in the course of carrying out
any works;

to require the production of any register, certificate or other
document required to be kept in pursuance of this Part and
to inspect and copy any of them or any entry in them; and

(g)to require the posting of any notice in pursuance of this
Part or any notice related to works, machinery, equipment
or appliances, or the safety of persons employed in carry-
ing out any works.

(2) An owner or master of, or other person having control
over, a vessel shall furnish such safe means required by the Director
or an inspector as are necessary for the purposes of boarding,
inspection, examination, investigation, or otherwise for the exercise
of his powers under this Part.





(3) Any person who-

(a)without reasonable excuse fails to comply with any require-
ment of the Director or an inspector in pursuance of this
section;

(b)without reasonable excuse fails to produce any register,
certificate or other document which he is required in
pursuance of this Part to produce;

(c)without reasonable excuse withholds any information as to
who is the owner or master of, or person having control
over, the vessel, or the owner of any machinery, equipment
or appliance provided or used for the carrying out of any
works,

commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months.

40. (1) Subject to subsection (2), no owner or master of, or
other person having control over, a vessel shall, except with the
written permission of the Director, carry out, or cause to be carried
out, any repairs to, or break up, the vessel.

(2) The Director may by notice in the Gazette specify any type
of repairs to a vessel in respect of which permission under subsec-
tion (1) is not required.

(3) Any person who without reasonable excuse contravenes
subsection (1) commits an offence and is liable to a fine of $50,000
and to imprisonment for 2 years.

41. (1) Where a vessel is being repaired or broken up, the
person in charge of works shall not-

(a)provide or use, or cause to be provided or used, any
machinery, equipment or appliance that is capable of
providing an ignition source; or

(b)carry out, or cause to be carried out, any works that
involve welding or burning, the use of blow lamps, braziers
or other devices using combustible materials,

in an atmosphere containing flammable vapours, flammable gases or
explosive dusts.

(2) A person in charge of works who contravenes subsec-
tion (1) commits an offence and is liable to a fine of $20,000 and
to imprisonment for 1 year.

42. (1) The Director may direct any person who, in the
opinion of the Director, is the owner or master of a vessel, or who
claims or appears to the Director to exercise control over a vessel,
that is to be repaired or broken up or is being repaired or broken up,
or who is in charge of the repairs or the breaking up of a vessel-





(a)to remove the vessel to a position or place within the waters of
Hong Kong specified by the Director;

(b)to comply with such safety requirements as may be specified
by the Director generally or in any particular case;

(c)to comply with any other requirements which may be specified
by the Director in respect of the manner in which the vessel
may be repaired or broken up;

(d)in the case of the breaking up of a vessel, to give security, in
cash or otherwise, in such amount as the Director may
consider necessary to ensure the effective breaking up and
complete removal of the vessel.

(2) Any person who fails to comply with any direction given to him
under subsection (1) commits an offence and is liable to a fine of $10,000
and to imprisonment for 6 months, and to an additional fine of $1,000 for
each day during which such failure to comply continues after notice
requiring compliance with the direction has been served by the Director
on such person.

43. (1) A person in charge of works shall not provide or use, or
cause to be provided or used, any machinery, equipment or appliance
for the carrying out of the works if the machinery, equipment or
appliance is in such a condition or so constructed that it cannot be used
without unnecessary risk of accident or bodily injury.

(2) If the Director or an inspector has reasonable grounds to
believe that any machinery, equipment or appliance provided or
used for the carrying out of any works is in such a condition or so
cons tructed that it cannot be used without unnecessary risk of
accident or bodily injury, the Director or inspector may give direc-
tions to the person in charge of works-

(a)prohibiting the use of the machinery, equipment or appliance,
or if it is capable of repair or alteration, prohibiting its use until
it is repaired or altered as specified in the direction; or

(b)requiring him to take such other steps as may be specified in
the directions for remedying the unnecessary risk of accident
or bodily injury.

(3) A person in charge of works who-

(a)contravenes subsection (1) commits an offence and is liable to
a fine of $20,000 and to imprisonment for one year;

(b)fails to comply with any direction given to him under
subsection (2) commits an offence and is liable to a fine of
$10,000 and to imprisonment for 6 months, and to an additional
fine of 51,000 for each day during which such failure to comply
continues after notice requiring compliance with the direction
has been served by the Director or an inspector on such
person.





44. (1) A person in charge of works shall not carry out, or cause to
be carried out, any works in a condition or manner that does not
provide adequately against unnecessary risk of accident or bodily
injury.

(2) If the Director or an inspector has reasonable grounds to
believe that any works are being carried out in a condition or manner
that does not provide adequately against unnecessary risk of accident
or bodily injury, the Director or inspector may give directions to the
person in charge of the works requiring him to take such steps as may
be specified in the directions for remedying the unnecessary risk of
accident or bodily injury.

(3) A person in charge of works who-

(a)contravenes subsection (1) commits an offence and is liable to
a fine of $20,000 and to imprisonment for one year;

(b)fails to comply with any direction given to him under
subsection (2) commits an offence and is liable to a fine of
$10,000 and to imprisonment for 6 months, and to an
additional fine of $1,000 for each day during which such
failure to comply continues after notice requiring compliance
with the direction has been served by the Director or an
inspector on such person.

PART VI

POLLUTION OF WATER

45. (1) In this Part-

'mixture containing oil' means any mixture of oil with water or with any
other substance, and any waste consisting of or arising from oil;

occupier in relation to

(a)a place on land, if it has no occupier, means the owner
thereof, and

(b)a vehicle, means the person in charge of the vehicle and not
the occupier of the land on which the vehicle stands;

,,oil' means oil of any description, spirit produced from oil of any
description and coal tar.

46. (1) If any oil or mixture containing oil is discharged into the
waters of Hong Kong, then the following commit an offence

(a)the person by whom the oil or mixture containing oil is so
discharged or caused to be discharged; and

(b)whether or not the person referred to in paragraph (a) has
been charged with an offence





(i) if the discharge is from a vessel, the owner and the
master of the vessel, unless the owner or master, as the case
may be, proves that the discharge took place and was caused
as mentioned in sub-paragraph (ii);

(ii) if the discharge is from a vessel but takes place in the
course of a transfer of oil to or from another vessel or a place
on land and is caused by the act or omission of any person in
charge of any apparatus in that other vessel or that place, the
owner and the master of that other vessel or, as the case may
be, the occupier of that place;

(iii) if the discharge is from a place on land, the occupier of
that place, unless he proves that the discharge was caused by
the act of a person who is in that place without the permission
(express or implied) of the occupier;

(iv) if the discharge takes place otherwise than as
mentioned in sub-paragraph (i), (ii) or (iii) and is the result of
any operations for the exploration of the seabed and subsoil
or the exploration of their natural resources, the person
carrying on the operations.

(2) Reference in subsection (1) to the discharge of oil or mixture
containing oil, or to its being discharged, from a vessel or place on land
includes a reference to the escape of the oil or mixture containing oil, or
(as the case may be) to its escaping, from that vessel or place on land.

(3) Any person who commits an offence under this section is liable
to a fine of $200,000.

47. (1) Where a person is charged with an offence under section 46
as the owner or master of a vessel it shall be a defence to prove that the
oil or mixture containing oil was discharged for the purpose of

(a) securing the safety of the vessel;

(b) preventing damage to the vessel or its cargo; or

(e) saving life,

unless the court is satisfied that the discharge of the oil or mixture
containing oil was not necessary for that purpose or was not a
reasonable step to take in the circumstances.

(2) Where a person is charged as mentioned in subsection (1) it
shall also be a defence to prove

(a)that the oil or mixture containing oil escaped in consequence
of damage to the vessel and that as soon as practicable after
the damage occurred all reasonable steps were taken for
preventing, or (if it could not be prevented) for stopping or
reducing, the escape of the oil or mixture containing oil; or





(b)that the oil or mixture containing oil escaped by reason of
leakage, that neither the leakage nor any delay in discovering it
was due to want of reasonable care, and that as soon as
practicable after the escape was discovered all reasonable
steps were taken for stopping or reducing it.

48. (1) If any oil or mixture containing oil-

(a) is discharged from a vessel into the waters of Hong Kong;

(b)is found to be escaping or to have escaped from a vessel into
any such waters; or

(c)is found to be escaping or to have escaped into any such
waters from a place on land,

the owner or master of the vessel, or the occupier of the place on land,
as the case may be, shall forthwith report the occurrence to the Director.

(2) A report made under subsection (1) by the owner or master of
the vessel shall state whether the occurrence falls within paragraph (a)
or (b) of that subsection.

(3) Any person who fails to make a report as required by this
section commits an offence and is liable to a fine of $5,000.

48A. No offence under section 46 is committed by, and no
obligation arises under section 48 on the part of, any person who makes
a discharge or deposit of oil or a mixture containing oil under and in
accordance with a licence for the purposes of the Water Pollution
Control Ordinance granted under section 20 of that
Ordinance (Amended, 42 of 1985, s. 6)
(Added, 41 of 1980, s. 50)

1 PART VII

POLLUTION OF AIR

49. In this Part, unless the context otherwise requires-

'smoke' includes soot, ash, grit and gritty particles emitted in smoke or
steam.

50. (1) Subject to subsection (2), no vessel in the waters of Hong
Kong shall emit smoke in such quantity as to be a nuisance.

(2) Subsection (1) shall not apply to the emission of smoke in
circumstances affecting the safety of life or of the vessel.

(3) If subsection (1) is contravened, the owner and master of the
vessel commit an offence and each of them is liable for a first offence to
a fine of 10,000 and for a second or subsequent offence to a fine of
$20,000.





51. (1) The Governor in Council may make regulations for all or any
of the following purposes

(a)specifying periods during which emission of smoke from
vessels may be permitted in any class of case and subject to
limitations;

(b)the adoption of precautions against the emission of smoke
from vessels;

(c)generally for effectively controlling the emission of smoke
from vessels.

(2) Any regulations made under this section may provide that a
contravention of specified provisions thereof is an offence and may
prescribe penalties therefor not exceeding a fine of $5,000.

PART VIII

PORT DUES

52. (1) Subject to subsection (2), the owner, his agent and the
master of every vessel which enters any port or other part of the waters
of Hong Kong, or which uses any port facility, shall be jointly and
severally liable to pay in respect of the vessel such port dues as may be
prescribed.

(2) Subsection (1) shall not apply to any vessel for the time being
used by the Hong Kong Government or to any warship or ship for the
time being used by Her Majesty's Government or the Government of
any State for other than commercial purposes.

(3) The Director, Deputy Director of Marine or an Assistant
Director of Marine may refund or waive the payment of, in whole or in
part, any port dues in respect of any vessel, or class, type or description
of vessel, used for other than commercial purposes.

53. (1) Port dues shall be paid to the Director on demand made by
him.

(2) The Director may require the payment of port dues in advance
in the case of any specified vessel, or specified class, type or
description of vessel.

(3) The Director may in any particular case or class of case permit
the port dues to be paid in arrear subject to such conditions as to
security or time for payment as he thinks fit.

54. (1) If any port dues are not paid on demand-

(a)where payment is required to be made in advance under
section 53(2), the Director may refuse permission for the
vessel to enter the waters of Hong Kong;

(b)where payment is required to be made before a vessel leaves
the waters of Hong Kong, the Director may refuse permission
for the vessel to leave the waters of Hong Kong;





(c)the port dues payable may be recovered as a civil debt from
the owner, his agent and the master of the vessel either
jointly or severally.

(2) Without prejudice to subsection (1)(c), a master of a vessel
who leaves any port or other part of the waters of Hong Kong
without paying any port dues which he is required by the Director to
pay commits an offence and is liable to a fine of $5,000.

(3) Notwithstanding anything in the Magistrates Ordinance,
proceedings in respect of an offence under this section may be
brought at any time within 2 years next after the commission of the
offence.

55. (1) If the owner or his agent or the master of a vessel fails
on demand to pay any port dues payable in respect of the vessel, the
Director may, without prejudice to section 54, board the vessel and
seize the goods, tackle, or any thing belonging to, or on board, the
vessel, and detain such goods, tackle or thing until the port dues are
paid.

(2) If payment of the port dues is not made within the 3 days
following the seizure, the Director may, at any time during the
continuance of the non-payment, cause the goods, tackle or thing
seized to be appraised by 2 persons (other than public officers)
appointed for that purpose by the Director, and thereupon sell the
same and apply the proceeds in payment of the port dues and all
reasonable expenses incurred by him under this section, and pay the
balance (if any) on demand to the owner or master of the vessel.

PART IX

MISCELLANEOUS PROVISIONS

56. The Governor may, by order published in the Gazette,
declare any area of the waters of Hong Kong to be a port.

57. (1) The Governor may give to the Director and to any
public officer such directions as he thinks fit, either generally or in
any particular case, with respect to the performance or exercise of
their respective duties or powers under this Ordinance.

(2) A person to whom a direction is given by the Governor
under subsection (1) shall, in the performance or exercise of his
duties or powers under this Ordinance, comply with that direction.

58. (1) Subject to subsection (3), the Director may, either
generally or in any particular case, delegate to any other public
officer the performance or exercise on his behalf of any of the
functions, duties or powers imposed or conferred upon him under
this Ordinance.





(2) Where any function, duty or power imposed or conferred
on the Director under this Ordinance is performed or exercised by
any other public officer, the Director shall, unless the contrary is
proved, be deemed to have delegated to the public officer under
subsection (1) the performance or exercise of the function, duty or
power.
(3) No delegation under subsection (1) shall be made of any
power-
(a)to amend a Schedule to the regulations made under this
Ordinance;
(b) under section 52(3); or
(e)under section 63, except in respect of a provision specified
for the purposes of this section in the Schedule. (Re-
placed, 46 of 1981, s. 9)
(4) The Governor in Council may, by order published in the
Gazette, amend the Schedule. (Added, 46 of 1981, s. 9)

59. (1) Without prejudice to any other provision of this
Ordinance, an authorized officer may, at any time of day or night,
stop and board any vessel in the waters of Hong Kong, other than a
warship, for the purpose of-
(a) inspecting or searching the vessel or any part thereof;
(b)investigating any occurrence specified in section 67(1),
whether or not such occurrence has been reported to the
Director under that section;
(c)making such examination and investigation as may be
necessary where any provision of this Ordinance or any
other enactment has been contravened in respect of the
vessel or by any person on board the vessel, or where an
authorized officer has reasonable grounds for suspecting
that such contravention has taken place;
(d)directing the conduct of any other authorized officer who
may be on board the vessel;
(e) observing, inspecting or searching any person-
(i) for the time being on board the vessel;
(ii) employed, engaged or dwelling on board the vessel;
or
(iii) employed or engaged in loading or unloading the
vessel; or
taking any action which he considers necessary-
(i) to provide against fire or accident on board the
vessel;
(ii) to preserve peace and good order on board the
vessel; or
(iii) to prevent or detect any offence under this Ordin-
ance or any other enactment in respect of the vessel or by
any person on board the vessel.





(2) Any police officer of or above the rank of Sergeant
may- (Amended, 60 of 1979, s. 3)

(a)take into custody and remove from any vessel in the waters
of Hong Kong, other than a warship, any person who he
suspects on reasonable grounds of-
(i) having committed an offence under this Ordinance
or any other enactment; or
(ii) having boarded, or remained on board, the vessel
without the permission of the owner or his agent or of the
master of the vessel; or

(b)direct a vessel to which Part IV applies, in respect of which
he suspects on reasonable grounds that an offence under
this Ordinance or any other enactment has been commit-
ted, to proceed together with any persons on board to the
nearest Marine Police Base or Marine Licensing Station.

(3) An authorized officer boarding a vessel under subsec-
tion (1) may take with him such persons as may be necessary to
assist him for the purposes of this section.

(4) The master of a vessel, when required to stop the vessel by
an authorized officer in the exercise of his powers under subsec-
tion (1), shall stop the vessel and permit the authorized officer to
board the vessel.

(5) Any master who without reasonable excuse-

(a)fails to comply with a direction given under subsec-
tion (2)(b); or

(b) contravenes subsection (4),

commits an offence and is liable to a fine of $5,000.

60. (1) Subject to subsection (3), for the purpose of any
investigation by an inspector under section 39 or by an authorized
officer under section 59, an inspector or authorized officer may-

(a)require that the vessel which he has boarded or any part of
it, or anything therein, shall be left undisturbed (whether
generally or in particular respects) for so long as is neces-
sary to carry out the investigation;

(b)take such measurements and photographs and make such
recordings as he considers necessary;

(c)inspect, seize and remove from the vessel any article or
substance in respect of which he suspects on reasonable
grounds that an offence under this Ordinance or any other
enactment has been committed;

(d)in the case of any article or substance removed under
paragraph (c), detain it for so long as is necessary-
(i) to examine it and to cause it to be subjected to any
process or test;





(ii) to ensure that it is not tampered with before the
examination of it is completed;

(iii) to ensure that it is available for use as evidence in any
proceedings for an offence under this Ordinance or any other
enactment;

(e)require any person whom he has reasonable cause to believe
to be able to give any information relevant to the investigation
to answer (in the absence of persons other than a person
nominated by him to be present and any persons whom the
inspector or authorized officer may allow to be present) such
questions as the inspector or authorized officer thinks fit to
ask and to sign a declaration of the truth of his answers;

require the production of, inspect, and take copies of any
entry in, the log book of the vessel or any document which it
is necessary for him to see for the purposes of the
investigation.

(2) No answer given by a person in pursuance of a requirement
imposed under subsection (1)(e) shall be admissible in evidence against
that person or the husband or wife of that person in any proceedings.

(3) For the purpose of an investigation under section 39, the
powers of an inspector shall be limited to matters to which Part V relates
or to offences under that Part.

(4) Any person who-

(a)contravenes any requirement imposed by an inspector or
authorized officer under subsection (1);

(b)prevents any other person from appearing before an insp
e*ctor or authorized officer or from answering any question to
which an inspector or authorized officer may by virtue of
subsection (1)(e) require an answer,

commits an offence and is liable to a fine of $5,000 and to imprisonment
for 6 months.

60A. (1) Subject to this section, an authorized officer may, on
producing, if so required, some duly authenticated document showing
his authority, enter any non-domestic premises at any time between the
hours of 7 a.m. and 7 p.m. for the purposes of

(a)ascertaining whether there is, or has been, on the premises,
any vessel to which Part IV applies that appears to be or to
have been possessed or used in contravention of any of the
provisions of this Ordinance; and

(b)taking any action authorized or required to be taken by or
under this Ordinance in respect of any such vessel found on
the premises.





(2) A magistrate may, if satisfied by information on oath
that-

(a)admission to any non-domestic premises has been refused
or that refusal is apprehended, or that such premises are
unoccupied, or that the occupier is temporarily absent, or
that the case is one of urgency, or that an application for
admission would defeat the object of the entry, or that it
is reasonable for the purposes of this Ordinance in the
circumstances of the case that entry be effected between the
hours of 7 p.m. and 7 a.m.; and

(b)there is reasonable ground for entry into the premises for
any of the purposes of subsection (1),

issue a warrant authorizing an authorized officer to effect entry, if
need be by force:

Provided that such warrant shall not be issued unless the
magistrate is satisfied that notice of the intention to apply for a
warrant has been given to the occupier of the premises, or that the
premises are unoccupied, or that the occupier is temporarily absent,
or that the case is one of urgency, or that the giving of such notice
would defeat the object of the entry, or that it is reasonable for the
purposes of this Ordinance in the circumstances of the case that
entry be effected between the hours of 7 p.m. and 7 a.m., as may be
appropriate.

(3) A magistrate may, if satisfied by information on oath that
there is reasonable ground for entry into domestic premises for any
of the purposes of subsection (1), issue a warrant authorizing
an authorized officer to effect entry between the hours of 7 a.m. and
7 p.m., if need be by force:

Provided that such warrant shall not be issued unless the
magistrate is satisfied that notice of the intention to apply for a
warrant has been given to the occupier of the premises, or that the
premises are unoccupied, or that the occupier is temporarily absent,
or that the case is one of urgency, or that the giving of such notice
would defeat the object of the entry.

(4) Any authorized officer entering any premises by virtue of
the provisions of subsection (1) or of a warrant issued under
subsection (2) or (3) may take with him such persons as may be
necessary, and on leaving any unoccupied premises which he has so
entered, shall leave such premises as effectually secured against
trespassers as he found the same to be at the time of entry.

(5) Every warrant issued under subsection (2) or (3) shall con-
tinue in force until the purpose for which the entry is necessary has
been satisfied.

(6) For the purposes of this section-

'domestic premises' means any premises used wholly or mainly for
residential purposes and constituting a separate household unit;
and





non-domestic premises' means any premises other than domestic
premises.

(Added, 46 of 1981, s. 10)

60B. (1) Where

(a)a vessel is involved in any occurrence specified in section
67(1); or

(b)the master, person in charge or person in control of a vessel is
suspected of having committed an offence under this
Ordinance involving the use of the vessel,

the Director may, within 3 months after the occurrence or alleged
offence, serve on the owner of the vessel a written notice requiring him
to furnish to the Director, within 21 days after the date of the notice, a
written statement signed by the owner, specifying the name and address
of the master, person in charge or person in control of the vessel at the
time of the occurrence or alleged offence.

(2) Subject to subsection (3), an owner who fails to comply with a
notice served on him under subsection (1) within the time specified in
that subsection commits an offence and is liable to a fine of $5,000 and
to imprisonment for 6 months.

(3) In proceedings for an offence under subsection (2), it shall be a
defence to show that the accused person did not know, and could not
with reasonable diligence have ascertained, the name or address of the
master, person in charge or person in control of the vessel at the time of
the occurrence or alleged offence referred to in subsection (1).

(4) The provisions of this section shall be in addition to and shall
not derogate from section 67.

(Added, 46 of 1981, s. 10)

60C. If, in any proceedings for an offence under this Ordinance
involving a vessel, there is produced to the court or a magistrate a
statement furnished under section 60B, which

(a) purports to have been signed by the accused person; and

(b)states that the accused person was the master, person in
charge or person in control of the vessel at the time of the
offence,

the court or magistrate shall admit the statement as prima facie evidence
that the accused person was the master, person in charge or person in
control of the vessel at the time of the offence.

(Added, 46 of 1981, s. 10)

61. (1) A direction given under this Ordinance may be given orally
or in writing, or by means of signals.

(2) If requested by any person who is given a direction orally or by
means of signals the person giving the direction shall confirm the
direction in writing.





(3) A direction given under this Ordinance shall be complied
with-

(a) forthwith; or

(b)where a time limit for compliance is specified in the
direction, within such time limit,

notwithstanding that the direction has not been confirmed under
subsection (2).

(4) Where under this Ordinance a direction may be given to a
master of a vessel it shall be sufficient if the direction is given to a
person on board the vessel who is on duty to accept any direction on
behalf of the master, and if there is no such master or such master
cannot be traced, the direction may be given to the owner of the
vessel or his agent or to any other person who appears to the person
giving the direction to be in control of the vessel at that time.

(5) The giving of a direction under this Ordinance shall not
diminish or in any way affect the responsibility of the master in
relation to his vessel, persons on board, its cargo or any other person
or property.

(6) Without prejudice to any other express penalty for failure
to comply with a direction, any person who without reasonable
excuse fails to comply with a direction given to him under this
Ordinance commits an offence and is liable to a fine of $10,000 and
to imprisonment for 6 months.

62. (1) Where a person who is given a direction under this
Ordinance fails to comply with it, the Director may, whether or not
the person is or will be prosecuted for an offence under this
Ordinance, take or cause to be taken such action as may be
necessary to give effect to the direction.

(2) Where no person to whom a direction under this Ordin-
ance may be given exists or can be found, the Director may take
or cause to be taken such action as he would have directed to be
taken if such person existed or could be found.

(3) In a case of emergency affecting the safety of life or
property the Director may take or cause to be taken such action as
he would have directed to be taken under this Ordinance.

(4) For the purpose of taking any action under this section in
respect of any vessel or property, the Director may board the vessel
or enter the property without the permission of the owner or his
agent or of the master of the vessel, or the owner or occupier of the
property, as the case may be, and take with him such persons as may
be necessary to assist him for that purpose.

(5) The Director may recover the cost of any action taken or
caused to be taken under this section-

(a)as a civil debt from the person to whom the direction
(if any) was given, or the owner of the vessel or property
in respect of which the action was taken;





(b)where the cost is incurred in respect of a vessel, under section
55 as if the cost represented port dues payable in respect of
the vessel; or

(c)where the cost incurred in respect of a vessel to which Part IV
applies cannot for any reason be recovered under paragraph
(a) or (b) or where there is no owner of the vessel, by sale of
the vessel and applying the proceeds in payment of the cost
and the balance (if any), after deducting any reasonable
expense incurred in the sale, shall be paid to the person who
satisfies the Director that he is entitled to the balance.

(6) For the purposes of subsection (5), the cost of any action taken
or caused to be taken under this section shall include all disbursements
and other expenses incurred thereby by the Director.

63. The Director may, on application made to him in such manner as
he may determine or on his own initiative, exempt any person or any
vessel or any type, class or description of vessel from any requirement
under this Ordinance, subject to such terms and conditions as the
Director may specify.

64. (1) Where it is provided under this Ordinance that no person
shall do, or cause or permit to be done, any specified act without the
permission of the Director, the Director may

(a)on application made to him in such manner as he may
determine; and

(b) on payment to him of the prescribed fee (if any),

permit the specified act to be done subject to such terms and conditions
as he may specify generally or in any particular case.

(2) Except where this Ordinance provides for a written permission, a
permission under this Ordinance may be granted orally or by means of
signals.

(3) A written permission granted under this Ordinance shall be

(a)kept on the vessel or at the place in which the act in respect of
which the permission is required is being done; and

(b)produced for inspection by the Director, an authorized officer,
or by any other officer appointed for the purposes of this
Ordinance, on demand or within such time and at such place
as the Director or such officer may specify.

(4) If any person to whom a written permission is granted under
this Ordinance without reasonable excuse fails to comply with
subsection (3)(a) or to produce it under subsection (3)(b), he commits
an offence and is liable to a fine of $2,000.

(5) A permission granted under this Ordinance may be withdrawn
or cancelled by the Director





(a)if any term or condition of the permission is not complied
with; or

(b)if the Director considers it necessary to do so for any other
reason.

(6) Without prejudice to subsection (5), where a person without
reasonable excuse fails to comply with any term or condition of a
permission granted under this Ordinance, he commits an offence and is
liable to a fine of $10,000.

65. Where by or under this Ordinance-

(a)any obligation or duty is placed on an owner or his agent or
on a master of a vessel;

(b)any direction is given to an owner or his agent or to a master
of a vessel; or

(e)an owner or his agent or a master of a vessel is required to
comply with any requirement,

it shall, except where it is otherwise expressly provided, be sufficient if
such obligation, duty, direction or requirement is met or complied with
either by the owner or his agent or the master of the vessel.

66. (1) If any person is aggrieved by a direction, decision or act of
the Director, or any other person, performing or exercising any function,
duty or power under this Ordinance (other than a decision of the
Director under section 30(1) he may within 14 days after

(a)the date on which the direction, decision or act was given,
made or done; or

(b)the date on which he was notified of the direction, decision or
act,

appeal to the Governor against the direction, decision or act by lodging
the grounds of the appeal in writing with the Chief Secretary.

(2) On considering an appeal under subsection (1), the Governor
may confirm, vary or reverse the direction, decision or act appealed
against and make such order as he thinks fit.

(3) A decision of the Governor under subsection (2) shall be final.

67. (1) Where, within the waters of Hong Kong-

(a)a vessel is involved in a collision with another vessel, a port
facility or other property;

(b) a vessel sinks or becomes stranded or disabled;

(c)a person is killed or seriously injured on board a vessel as a
result of an accident;





(d) an explosion or fire occurs on board a vessel;

(e)damage is caused by a vessel to a port facility or other
property; or

a person, cargo or equipment is lost overboard from a
vessel,

the owner or his agent or the master of the vessel shall report the
occurrence forthwith to the Director orally, by means of signals, or
in writing and shall furnish to the Director in writing full particulars
thereof within 24 hours after the occurrence.

(2) An owner, agent or master of a vessel who-

(a)without reasonable excuse fails to comply with subsec-
tion (1); or

(b)makes a report or furnishes any particulars under sub-
section (1) which he knows to be false in any material
particular,
commits an offence and is liable to a fine of $10,000.

(3) For the purposes of subsection (1)(c) a person shall be
deemed to be seriously injured if he is admitted to a hospital im-
mediately after he sustains the injury for observation or treatment.

68. (1) Where a vessel which-

(a)has been involved in a collision or has suffered damage
which may affect the inherent stability of the vessel; or

(b) has been or is on fire,

is expected to arrive in the waters of Hong Kong, the owner or his
agent or the master of the vessel shall notify the Director of such
expected arrival not less than 24 hours before the arrival of the
vessel, or, if that is not practicable, as early as practicable before the
arrival of the vessel.

(2) Where a vessel enters the waters of Hong Kong in con-
travention of subsection (1), the owner or his agent and the master
commit an offence and each of them is liable to a fine of $10,000.

69. (1) Where-

(a)a fire occurs on board a vessel within the waters of Hong
Kong; or

(b)a vessel which is on fire arrives within the waters of Hong
Kong,

the owner or his agent or the master of the vessel shall report such
occurrence or arrival forthwith to the Director of Fire Services.

(2) The Director of Fire Services and any member of the Fire
Services Department of or above the rank of Principal Fireman
may, at any time of day or night, board any vessel in the waters of





Hong Kong, other than a warship, for the purpose of extinguishing a fire
on board the vessel whether or not the fire has been reported to the
Director of Fire Services, and may take with him such persons as may be
necessary to assist him for such purpose.

(3) An owner, agent or master who without reasonable excuse fails
to comply with subsection (1) commits an offence and is liable to a fine
of $10,000.

70. (1) No person, other than a member of Her Majesty's forces in
uniform and on duty or a person duly authorized by law for the purpose,
shall without the permission of the owner or his agent or the master of a
ship go on board the ship.

(2) A master of a ship may take into custody any person who
contravenes subsection (1) and shall deliver such person forthwith to a
police officer.

(3) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $5,000 and to imprisonment for 6
months.

71. Any person, other than the Director or a person authorized by
him, who without lawful excuse cuts a mooring or fastening of a vessel
commits an offence and is liable to a fine of $5,000.

72. Any person who by any unlawful act, or in any manner
whatsoever without reasonable excuse, endangers or causes to be
endangered the safety of any person conveyed in or being in or upon
any vessel or in the sea commits an offence and is liable

(a)on conviction on indictment to a fine of $200,000 and to
imprisonment for 4 years; and

(b)on summary conviction to a fine of $200,000 and to
imprisonment for 2 years.

(Amended, 2 of 1979, s. 2)

72A. Any person who, by any unlawful act or in any manner
whatsoever without reasonable excuse, disables, abandons, scuttles or
beaches any vessel within the waters of Hong Kong commits an offence
and is liable

(a)on conviction on indictment to a fine of $200,000 and to
imprisonment for 4 years; and

(b)on summary conviction to a fine of $200,000 and to
imprisonment for 2 years.

(Added, 2 of 1979, s. 3)

73. Except in pursuance of the regulations made under this
Ordinance, no person shall

(a)load or discharge logs or other timber at any public waterfront
or public seawall within any port;





(b)discharge logs or other timber from a vessel into the waters
of Hong Kong; or

(e)tow or store logs or other timber in the waters of Hong
Kong.

74. (1) Any person who obstructs the Director, or any other
person, performing or exercising any function, duty or power under
this Ordinance commits an offence and, subject to subsection (2),
is liable to a fine of $10,000 and to imprisonment for 6 months.

(2) An owner, agent or master of a vessel who commits an
offence under subsection (1) is liable to a fine of $50,000 and to
imprisonment for 2 years.

75. (1) Without prejudice to any other provision of this
Ordinance, any person who, being required to give any information
to the Director or any other person under this Ordinance, fails
without reasonable excuse to give such information or gives any
information, whether in writing, orally or otherwise, which he
knows to be false or misleading as to a material particular commits
an offence and is liable to a fine of $5,000 and to imprisonment for
6 months. (Amended, 46 of 1981, s. 11)

(2) Notwithstanding anything in the Magistrates Ordinance,
proceedings in respect of an offence against this section may be
brought at any time within 2 years next after the commission of the
offence or within 6 months after the first discovery thereof by the
prosecutor, whichever period expires first.

76. (1) In any legal proceedings for a contravention of this
Ordinance, any entry in the official log book of a vessel, deck log
book, engine room log book or other similar document, or a
document purporting to be a copy of any such entry and to be
certified as a true copy by any person specified in subsection (2),
shall, until the contrary is proved-

(a)be admitted in evidence and be sufficient evidence of the
matters stated therein; and

(b)in the case of such a copy, be presumed that it is so
certified.

(2) For the purposes of subsection (1), the persons who may
certify copies of entries in an official log book, deck log book,
engine room log book or other similar document are-

(a)the Director or any person authorized by him in writing in
that behalf,

(b) a magistrate;

(c) a justice of the peace;

(d)a notary public, as defined in the Legal Practitioners
Ordinance;

(e) a consular officer.





77. (1) Notwithstanding section 8 of the Magistrates Ordinance, if
an officer of the Marine Department of the rank of Marine Inspector
Class II or above reasonably suspects that an offence under this
Ordinance has been committed by a master of a vessel such officer may
serve on the master personally or by handing the same personally to the
senior officer on board the vessel or to the person appearing to be in
charge or command of the vessel at the time of such service a notice
requiring the master to appear before a magistrate to be dealt with
according to law. (Amended, 46 of 1981, s. 12)

(2) A notice under subsection (1)

(a) shall be in the prescribed form;

(b) shall be signed by the officer by whom it is served; and

(c) shall state

(i) the name of the master upon whom it is served and the
name of the vessel of which he is the master;

(ii) the offence which is alleged to have been committed
with sufficient particulars thereof,

(iii) the time and place at which the offence is alleged to
have been committed; and

(iv) the time and place at which the master on whom the
notice is served is required to appear.

(3) If a master upon whom a notice under subsection (1) has been
duly served fails to appear before a magistrate at the time and place
mentioned in the notice, and it is made to appear to the magistrate by
oath that the notice was served on the master personally or was handed
personally to the senior officer or the person in charge or command of
the vessel in accordance with subsection (1), the magistrate may issue
his warrant for the apprehension of the master and to bring the master
before him or another magistrate to be dealt with according to law duly
endorsed as to the amount of bail, if any, upon which the master may be
released in the meantime.

(4) If a master upon whom a notice under subsection (1) has been
duly served appears before a magistrate in accordance with the notice,
or is brought before a magistrate by a warrant issued under subsection
(3), the magistrate may hear and determine the offence alleged in the
notice as if a complaint had been made or an information had been laid
against the master in respect of the offence and for such purposes, the
provisions of the Magistrates Ordinance relating to the hearing of a
complaint or information and the proceedings thereon shall apply
mutatis mutandis.

(5) If a master upon whom a notice under subsection (1) has been
served is brought before a magistrate by a warrant issued under
subsection (3), the magistrate may, in addition to any other penalty,
order the master to pay costs, of not more than $400, solely in respect of
the warrant.





(6) Any costs ordered to be paid under subsection (5) shall be
recoverable under section 69(2) of the Magistrates Ordinance in
the same manner as costs awarded under section 69(1) of that
Ordinance.
(7) Notwithstanding anything to the contrary in the Magis-
trates Ordinance, a magistrate may permit a representative to
appear on behalf of a master upon whom a notice under subsection
(1) has been served where such representative satisfies the magistrate
that-
(a) the master has left Hong Kong;
(b)he is authorized to enter a plea of guilty on behalf of the
master; and
(c)he is himself authorized and financially able to pay any fine
imposed within 7 days or such longer time as the magis-
trate may allow.

78. (1) Where for the purposes of this Ordinance any docu-
ment is to be served on a person, that document may be served by
any officer of the Marine Department of the rank of Marine
Inspector Class II or above- (Amended, 46 of 1981, s. 13)
(a)in any case by delivering the document personally to the
person to be served, or by leaving it for him at his last
known place of business or residence;
(b)if the document is to be served on the master of a vessel,
where there is one, by leaving it for him on board the vessel
with the person being or appearing to be in charge or
command of the vessel or a member of the crew of the
vessel;
(c)if the document is to be served on a person belonging to a
vessel, by leaving it for him on board the vessel with the
master of the vessel or with a person being or appearing to
be in charge or command of the vessel;
(d)if the document is to be served on the master of a vessel,
where there is no master and the vessel is in Hong Kong-
(i) on the owner of the vessel or his agent residing in
Hong Kong; or
(ii) where no such owner or his agent is known or can
be found, by affixing the document to the mast or other
prominent part of the vessel;
(e)if the document is to be served on the owner of a vessel or
his agent-
(i) by leaving the document for him on board the vessel
with some person being or appearing to be in charge or
command of the vessel or a member of the crew of the
vessel;
(ii) by leaving the document for him at the office of the
owner or his agent, as the case may be, with some person
being or appearing to be in charge of the office; or.





(iii). if the vessel is a vessel to which Part IV applies, by
leaving it for him at the address of the owner which is
endorsed on the licence issued in respect of the vessel or at
the address of the agent of the owner (if any).

(2) Any document referred to in subsection (1) which is to be
served on the owner or master of a vessel may be addressed to the
owner or master of the vessel without specifying the name of the owner
or master.

79. No action in respect of any damage to property or injury to
person shall lie against the Director or any other officer performing or
exercising any function, duty or power under section 20, 21 or 62.

80. (1) The Governor in Council may make regulations for all or any
of the following matters

(a) the provision of port facilities and control over their use;

(b)the procedure to be followed, and the provisions to be
complied with, by vessels entering or leaving the waters of
Hong Kong;

(c)the control of vessels within the waters of Hong Kong
generally and in particular

(i) the navigation of vessels and the prevention of
collisions;

(ii) the speed of vessels;

(iii) the anchoring, mooring and berthing of vessels;

(iv) the manning of ships;

(v) the lights and signals to be exhibited by vessels;

(d)the radiotelephone equipment to be carried and operated on
vessels;

(e)the aids to navigation to be laid or erected in respect of
vessels which are disabled, stranded, abandoned or sunk in
the waters of Hong Kong or in respect of construction or
other works in the waters of Hong Kong;

the control of the laying of private port facilities, or any
floating or other structure, in the waters of Hong Kong and
prescribing fees therefor;

(g)the prevention of hazards to navigation and the removal and
disposal of objects which are a hazard to navigation;

(h)the control of dead ships, laid-up vessels, or vessels
stranded, abandoned or sunk in the waters of Hong Kong,
and the supply of information in relation thereto;

(i)the control of repairs to vessels, salvaging or breaking up of
vessels and the safety and protection against accidents of
persons employed in such operations;





(j)the control of cargo handling, the control and use of lifting
appliances and lifting gear, the safety and protection against
accidents of persons employed in cargo handling, the
provision of safe workplaces on vessels, the operation, use
and maintenance of hatches and hatch coverings on vessels in
connexion which cargo handling; and regulations made for the
purposes of this paragraph may empower the Director to make
exemptions from the application of the regulations where he is
satisfied that the regulations have been substantially complied
with or where compliance therewith is unnecessary having
regard to the circumstances;

(k)the prevention and control of pollution of the waters of Hong
Kong;

(1)the control of the loading, discharge, storage and movement
of logs and other timber in the waters of Hong Kong, and of
the loading or discharge of logs and other timber at any public
waterfront or public seawall within the waters of Hong Kong;

(m)the establishment of typhoon shelters and typhoon
anchorages and the control of their use and the vessels
therein;

(n)the prohibition or control of fishing within specified areas of
the waters of Hong Kong, the control of fishing by the use of
bright lights, and the control of the erection and working of
fishing stakes;

(o)the licensing of marine hawkers, tallyclerks and stevedores
and the general control of persons engaged in the trade of, or
acting as, marine hawkers, tallyclerks and stevedores;

(p)the port dues, fees and charges payable in respect of vessels
and port facilities, any other fees or charges payable under
this Ordinance, and the recovery of such port dues, fees and
charges;

(q)empowering the Director, in order to calculate any port dues,
to require the production of documents in respect of a vessel
and to require the survey of a vessel at the cost of the owner
or master of the vessel;

(r)the notification of accidents involving vessels and injuries to
persons on vessels within the waters of Hong Kong, and the
investigation and inquiry into such accidents and injuries;

(s)prohibiting, restricting or regulating the embarkation or
disembarkation of persons, the loading and unloading of
cargo and goods, and the conveyance and disposal of cargo
and goods unlawfully obtained;

(t)empowering the Director to control and regulate water sports,
races, regattas or other similar activities in the waters of Hong
Kong and providing for the safety of persons taking part in, or
affected by, such activities;





(u) establishing piers and terminals and controlling their use;
(v)empowering the Director to give directions in any particular
case in relation to such matters as may be specified;

(w)empowering the Director to amend any Schedule to such
regulations;

(x)prescribing any other matter which is to be or may be
prescribed under this Ordinance;

(y)providing generally for the better carrying out of the
provisions and purposes of this Ordinance.

(1A) Any port dues or other fees or charges prescribed under this
Ordinance may be fixed at levels which provide for the recovery of
expenditure incurred or likely to be incurred by the Government or other
authority in relation generally to the administration, regulation and
control of ports, vessels and navigation in the waters of Hong Kong,
and shall not be limited by reference to the amount of administrative or
other costs incurred or likely to be incurred in the provision of any
particular service, facility or matter. (Added, 25 of 1986, s. 2)

(1B) Port dues and other fees and charges prescribed under this
Ordinance may, without prejudice to the generality of subsection (1A)

(a)in relation to moorings, be fixed having regard to any or all of
the following

(i) the size, whether measured by tonnage, length or
otherwise, of any vessel moored or capable of being moored,
at any mooring;

(ii) sums paid to owners of moorings by persons wishing to
use or acquire them; and

(iii) the locations of moorings; and

(b)in any case be fixed at different amounts in relation to different
sizes of vessel, whether measured by tonnage, length or
otherwise, or in relation to different classes, types or
descriptions of service, facility, licence or vessel. (Added, 25 of
1986, s. 2)

(2) Any regulations made under this section may provide that a
contravention of specified provisions thereof is an offence and may
prescribe penalties therefor not exceeding a fine of $50.000 and
imprisonment for 6 months.

81. For the avoidance of doubt, it is declared that the Shipping and
Port Control (Fees) Ordinance 1986 shall apply in relation to any port
dues or other fees or charges specified in regulations made before its
commencement*, and not revoked prior thereto, as it applies in relation
to port dues and other fees and charges prescribed thereafter.

(25 of 1986, s. 4, incorporated)





SCHEDULE [s. 58(3).]

PROVISIONS SPECIFIED FOR THE PURPOSES OF SECTION 58
IN RESPECT OF WHICH THE DIRECTOR MAY DELEGATE
POWER TO EXEMPT UNDER SECTION 63

1. Merchant ShippingRegulations 4(1), 8(1), 14, 1 5(1)(a), (b) and (Cap. 28 1, sub. tee.)
(Launches and Ferry (e), and 17(1).
Vessels) Regulations

2. Merchant Shipping Regulations 5, 7, 10(3), 10(6), 14, 15, 16, (Cap. 281, sub. leg.)
(Miscellaneous Craft) 19(1), 20, 26, 45 and 48A to 48F inclusive.
Regulations
3. Merchant Shipping Regulations 3(9), 5(1) and 5(3). (Cap. 281, sub. leg.)
(Pleasure Vessels)
Regulations

(Added, 46of1981, s. 14.Amended, L.N. 288181)
Originally 76 of 1978. 2 of 1979. 60 of 1979. 41 of 1980. 46 of 1981. L.N. 288/81. 12 of 1983. 29 of 1985. 42 of 1985. 25 of 1986. 36 of 1986. L.N. 291/78. Short title. Interpretation. (Cap. 295, sub. leg.) (1894 c. 60.) (Cap. 84.) (Cap. 1.) Application. Installation of Government port facilities. Use of port facilities. Restriction on installation of private port facilities, etc. Damage, etc., to aids to navigation. Liability for damage to port facilities, etc. Power to require removal of unauthorized lights and signs. Application of the international regulations for preventing collisions at sea, [cf. 1894 c. 60, s. 419(2).] [cf. 1894 c. 60, s. 419(3).] Refusal of permission to enter or leave. Power to detain vessels. Penalty for taking detained vessel to sea. Director to be allowed to board. Port clearance to be obtained before departure. Power to give directions. Ships to anchor in ports. (Cap. 84.) Dead ships. Laid-up vessels. Beaching, etc. of vessels. Removal, etc. of stranded, abandoned or sunken vessels. Notice of change of ownership of stranded, abandoned or sunken vessels. Foreign vessels, etc. Interpretation. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Application. (Cap. 281.) Licensing of vessels. Offences in relation to the carrying of passengers. Offences in respect of vessels. Local certificates of competency for persons employed as masters, etc. Cancellation or suspension of local certificates of competency on grounds of incompetency, etc. Offences relating to local certificates of competency. Surrender of local certificates of competency. Regulations. Recovery of penalty by sale of vessels. saving of certain regulations. (Cap. 281.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Interpretation. Appointment of inspectors. Powers of Director and inspectors. Restriction on carrying out repairs or breaking up of vessels. Safe atmosphere. Directions regarding repairs or breaking up of vessels. Prohibition against use of dangerous equipment, etc. Prohibition against carrying out works in dangerous conditions. Interpretation. [cf. 1971 c. 60, s. 29.] Discharge of oil into the waters of Hong Kong. [cf. 1971 c. 60, s. 2.] [cf. 1971 c. 60, s. 29(3).] Defences under section 46. 1971 c. 60, s. 5. Duty to report discharge of oil into Hong Kong waters. 1971 c. 60, s. 11. Discharges under the Water Pollution Control Ordinance. (Cap. 358.) Interpretation. Emission of smoke from vessels. Regulations. Port dues and remissions. Payment of port dues. Failure to pay port dues. (Cap. 227.) Recovery of port dues by seizure. Power to declare ports. Power of Governor to give directions. Delegation by Director. Schedule. Powers of authorized officers. Powers of investigating officers. [cf. 1974 c.37, s. 20.] Powers of authorized officers to enter premises, etc. Obligation to give certain information. Proof of identity of master etc. in proceedings. Giving of directions and offence of non-compliance. Director may give effect to directions in certain cases. Director's general power of exemption. Director's permission to do restricted acts. Compliance by master or owner. Appeals. Duty to report collisions, etc. Notification prior to arrival of damaged vessels, etc. Duty to report fires on vessels. Boarding ships without authority. Cutting of moorings. Endangering the safety of others. Beaching or scuttling vessel. Discharge, storage, etc. of logs and other timber. Obstruction. False information. 9Cap. 227.) Use of official log book in evidence. Notice to appear before a magistrate in respect of offences. (Cap. 227.) Service of documents. Indemnity against damage, etc. Regulations. Validation. (25 of 1986.) [*16.5.86.] (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.)

Originally 76 of 1978. 2 of 1979. 60 of 1979. 41 of 1980. 46 of 1981. L.N. 288/81. 12 of 1983. 29 of 1985. 42 of 1985. 25 of 1986. 36 of 1986. L.N. 291/78. Short title. Interpretation. (Cap. 295, sub. leg.) (1894 c. 60.) (Cap. 84.) (Cap. 1.) Application. Installation of Government port facilities. Use of port facilities. Restriction on installation of private port facilities, etc. Damage, etc., to aids to navigation. Liability for damage to port facilities, etc. Power to require removal of unauthorized lights and signs. Application of the international regulations for preventing collisions at sea, [cf. 1894 c. 60, s. 419(2).] [cf. 1894 c. 60, s. 419(3).] Refusal of permission to enter or leave. Power to detain vessels. Penalty for taking detained vessel to sea. Director to be allowed to board. Port clearance to be obtained before departure. Power to give directions. Ships to anchor in ports. (Cap. 84.) Dead ships. Laid-up vessels. Beaching, etc. of vessels. Removal, etc. of stranded, abandoned or sunken vessels. Notice of change of ownership of stranded, abandoned or sunken vessels. Foreign vessels, etc. Interpretation. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Application. (Cap. 281.) Licensing of vessels. Offences in relation to the carrying of passengers. Offences in respect of vessels. Local certificates of competency for persons employed as masters, etc. Cancellation or suspension of local certificates of competency on grounds of incompetency, etc. Offences relating to local certificates of competency. Surrender of local certificates of competency. Regulations. Recovery of penalty by sale of vessels. saving of certain regulations. (Cap. 281.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) Interpretation. Appointment of inspectors. Powers of Director and inspectors. Restriction on carrying out repairs or breaking up of vessels. Safe atmosphere. Directions regarding repairs or breaking up of vessels. Prohibition against use of dangerous equipment, etc. Prohibition against carrying out works in dangerous conditions. Interpretation. [cf. 1971 c. 60, s. 29.] Discharge of oil into the waters of Hong Kong. [cf. 1971 c. 60, s. 2.] [cf. 1971 c. 60, s. 29(3).] Defences under section 46. 1971 c. 60, s. 5. Duty to report discharge of oil into Hong Kong waters. 1971 c. 60, s. 11. Discharges under the Water Pollution Control Ordinance. (Cap. 358.) Interpretation. Emission of smoke from vessels. Regulations. Port dues and remissions. Payment of port dues. Failure to pay port dues. (Cap. 227.) Recovery of port dues by seizure. Power to declare ports. Power of Governor to give directions. Delegation by Director. Schedule. Powers of authorized officers. Powers of investigating officers. [cf. 1974 c.37, s. 20.] Powers of authorized officers to enter premises, etc. Obligation to give certain information. Proof of identity of master etc. in proceedings. Giving of directions and offence of non-compliance. Director may give effect to directions in certain cases. Director's general power of exemption. Director's permission to do restricted acts. Compliance by master or owner. Appeals. Duty to report collisions, etc. Notification prior to arrival of damaged vessels, etc. Duty to report fires on vessels. Boarding ships without authority. Cutting of moorings. Endangering the safety of others. Beaching or scuttling vessel. Discharge, storage, etc. of logs and other timber. Obstruction. False information. 9Cap. 227.) Use of official log book in evidence. Notice to appear before a magistrate in respect of offences. (Cap. 227.) Service of documents. Indemnity against damage, etc. Regulations. Validation. (25 of 1986.) [*16.5.86.] (Cap. 281, sub. leg.) (Cap. 281, sub. leg.) (Cap. 281, sub. leg.)

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