10
Penalty for
taking detained vessel to sea.
Director to be allowed to board.
Port clearance
to be obtained before departure.
CAP. 313]
Shipping and Port Control
[1986 Ed.
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 $50,000 and to imprisonment for 2 years.
(2) Where a vessel proceeds to sea in contravention of subsection (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;