32
CAP. 313]
(Cap. 227.)
Recovery of port dues by seizure.
Power to declare ports.
Power of Governor to give directions.
Delegation by Director.
Shipping and Port Control
[1986 Ed.
(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.
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