1986 Ed.]

Shipping and Port Control

[CAP. 313

45

(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 Magistrates 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 magistrate may allow.

78. (1) Where for the purposes of this Ordinance any document 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

Service of documents.

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