Rca Od Parraldas lạ eater or leave,
Power
decala veU.
Penalty for Taking detaljned
11. (1) Notwithstanding any other provision of this Ordinance, the Director may, if he is satisfied that there is reason for doing so, refuse permission for vessel, or class, type or description of vessel to enter or leave the waters of Hong Kong,
(2) Where a vessel is refused permission under subsection (1) to leave the waters of Hong Kong, the Director shall inform the owner or his agent or the master of the vessel of the grounds on which the permissioM has been refused.
(3) Where a vessel which is refused permission under subsection (1) to enter or leave the waters of Hong Kong so enters or leaves, as the case may be, the owner and the master of the vessel commit an offcoce and each of them is liable to a fine of $20,000 and to imprisonment for one year.
(4) This section does not apply to any warship or other ship for the time being used by Her Majesty's Government other than for commercial purposes.
12. (1) Where
(d) a vessel is refused permission to leave the waters of Hong Kong
under section 11; or
(b) It is provided in this Ordinance that under specified conditions a vessel shall not leave any port or the waters of Hong Kong,
the Director may take much steps as are necessary to detain the vessel In such port or waters.
(2) If the Director incurs any cost in detaining a vessel under sub- section (1), he may recover the cost-
(c) at a civil debt from the owner or master of the vessel; or
(b) under section 35 as if the cost represented port dues payable in
respect of the vessel.
G) Where any foreign vessel is detained under subsection (1), notice thereof shall be given to the consular officer for the State to which the vessel belongs, and if there is no such consular officer to the master of the vessel, and such notice shall specify the grounds on which the vessel has been detained.
13. (1) If a vessel which is detained under section 12 proceeds to sea the master, and the owner or his agent if he is party or privy to such action, commit an offence and each of them is liable to a fine of $50,000 and to imprisonment for 2 years.
(2) Where a vessel proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty---
(a) the master and the owner or bis agent, in addition to committing an offence under subsection (1), commit an offcoce under thin subsection and each of them is liable to a fiue of $20,000 and to imprisonment for 6 months, and to an aditional fiec of $1,000 for each day during the period from the date on which the vessel proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable router and
7
(3) the master and the owner and bis agent shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sça and to securing his return to Hong Kong, and all such expenses may be recovered in the same manner at a fine.
to board.
14. (1) When a ship arrives within the waters of Hong Kong, the Director to master of the ship shall allow and assist the Director to board the ship bed as soon as he comes alongside the ship and shall give to the Director such information as he may be required to give under this Ordinance.
(2) Any master or officer of a ship who
(a) fails to allow, or falls to asist, the Director to board the ship; or (6) delays or impedes the Director from boarding the ship. commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
15. (1) Subject to subsection (2), no vessel shall proceed to sea Port clearance unless there is in relation to the vessel a valid port clearance in writing to be one obtained in the prescribed manner,
before deplace.
(2) Subsection (1) shall not apply-
(2) to any warship or other ship for the time being used by Her Majesty's Glovemment or the Goverment of any State for other than commercial purposes;
(b) to any vessel for the time being used by the Hong Kong
Goremment:
(c) to any vessel of a class that is exempled by the Director by
notice in the Gazette from the operation of this section;
(d) to any vessel that is obliged to leave any port or the waters of Hong Kong due to weather conditions, or other circumstances beyond the control of its master, in the interests of safety of the vessel, its cargo, crew or passengers.
(3) If subsection (1) is contravened, the master commits an offence and is liable to a Enc of $10,000 and to imprisonment for 6 months.
16 The Director may give to an owner or his agent or to a master Power to anive
of, or other person who appears to the Director to be in control over, a vessel such directions as he thinks fit in any particular casD——
(a) for controlling the vessel when entering or leaving the waters of
Hoog Kongs
(b) for controlling the navigation and movement of the vessel in the
waters of Hong Kong:
(c) as to the place and manner in which the vessel shall be berthed,
moored, anchored or secured;
(0 for the removal of the vessel from any berth, mooring of
anchorage to another berth, mooring or anchorsge;
(e) prohibiting the berthing, mooring or anchoring of the vessel in
any particular place;
(f) for ensuring the safety of, or preventing the outbreak of fire on,
the vessel.
directions.