Amendment of section 7I.
3.
Addition of
new sections
71A, 719, 710 and 71D.
2
(3) In this section "authorized officer" means any police officer of the rank of inspector or above and any officer of the Marine Department of the rank of Assistant Marine Officer or above.”.
Section 71 of the principal Ordinance is amended
(a) in paragraph (c) of subsection (1), by deleting "casts or deposits any dead body, ballast, rubbish, oil or other substance into such water without the written permission of the Director, or"; and
(b) by deleting subsection (2),
4. The principal Ordinance is amended by adding, after section 71, the following new sections-
"Discharge
of oil into
Hang Trong
wateng
let. 1971, 6, 50, $2.1
71A. (1) If any oil or mixture containing oil is discharged into the waters of Hong Kong, then the following shall be guilty of an offence-
(a) the person by whom the oil or mixture con- laining 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-
() if the discharge is from a vessel, the owner, master, agent or charterer of the vessel, unless he proves that the discharge took place and was caused as mentioned in sub-paragraph (i):
(B) if the discharge is from a vessel but takes place in the course of a transfer of oil to or from another vessel or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other vessel or that place, the owner, master, agent or charterer of that other vessel or. as the case may be, the occupier of that place;
(ii) if the discharge is from a place on laod, the occupier of that place, unless he proves that the discharge was caused as mentioned in sub-paragraph (iv);
(iv) if the discharge is from a place on land and is caused by the act of a person who is in that place without the permission
Jef. 1971, v. 60.
23.7
Duty to report discharge
of oil into Bang Kang walers.
1971, 6. 60 LLE.
Interpreta tion of sections A and 718.
[et. 1971, c. 60, .. 230.1
3
(express or implied) of the occupier, that person:
(v) if the discharge takes place otherwise than as mentioned in sub-paragraph (i), (ii). (iii) or (iv) and is the result of any operations for the exploration of the sea-bed and subsoil or the exploitation of their natural resources, the person carrying on the operations.
(2) Reference in subsection (1) to the discharge of oil or mixture containing oil, or to its being dis- charged, from a vessel or place on land includes a reference to the escape of the oil or mixture, or (as the case may be) to its escaping, from that vessel or place on land,
(3) Any person guilty of an offence under this section shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for six months.
71B. (1) If any oil or mixture containing oil- (a) is discharged from a vessel into the waters of
Fany 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 jolo any such waters from a place on land, the owner, master, agent or charterer 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, master, agent or charterer of a vessel sball 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 shall be guilty of an offence and shall be liable on conviction to a fine of four thousand dollars.
71C. In sections 71A and 7[B--
(a) "place on land" includes anything resting on the bed or shore of the sca and anything afloat (other than a vessel) if it is anchored or attached to the bed or shore of the seat