30
CAP. 313]
Shipping and Port Control
[1986 Ed.
(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.
Duty to report discharge of oil into Hong Kong waters.
48.
1971 c. 60, s. 11.
Discharges under the Water Pollution Control Ordinance. (Cap. 358.)
67146523
Interpretation.
Emission of smoke from vessels.
(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)
PART VII
(Added, 41 of 1980, s. 50)
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.