28
CAP. 313]
Shipping and Port Control
Prohibition against carrying out works in dangerous conditions.
Interpretation.
[cf. 1971 c. 60, s. 29.]
Discharge of oil
into the waters of
Hong Kong. [ef. 1971 c. 60, s. 2.]
[1986 Ed.
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.
45. (1) In this Part-
PART VI
POLLUTION OF WATER
"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-