1959-HKRS29-8-26_Part03 — Page 6

Amendment

of section 71.

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(b) by the insertion after subsection (1) of the following new

subsection-

"(1A) Without prejudice to anything contained in subsection (1), where any dead body, ballast, rubbish, oil or other substance is cast or deposited from any vessel into the waters of the Colony, the owner, master, agent or charterers of such vessel shall be liable to a fine of one thousand dollars and imprisonment for six months.": and

(c) by the addition after subsection (7) of the following new

subsection-

"(8) In any proceedings under this section in respect of any contravention of the provisions of paragraph (d) or (e) of subsection (1) or of paragraph (d) of subsection (3) the onus of proving that permission was granted or that consent was given shall rest upon the defendant.".

16. Section 71 of the principal Ordinance is amended-

(a) in subsection (1) by the insertion after the words "entitled to

grant permission" of the following-

"subject to such conditions or restrictions as he may think fit to impose"; and

(8) by the deletion of subsection (2) and the substitution therefor

of the following new subsection—

"(2) Any person who, without the previous written permission of the Director-

(a) does or causes to be done any breaking-up operations of any vessel or any wrecked, sub- merged, sunken or stranded vesset lying within the waters of the Colony shall be liable to a fine of three thousand dollars and to imprisonment for six months; or

(5) fails to comply with any condition or restriction imposed by or in connexion with any such written permission shall be liable to a fine of three thousand dollars and to a further penalty of a fine of one hundred dollars for cach day during which such failure to comply continues after notice under the hand of the Director requiring compliance has been served upon the owner of the vessel or bis servant or agent or upon the person for the time being in charge of the vessel.".

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17. Section 86 of the principal Ordinance is amended in subsection Amendment (1) by the deletion of the words "Dangerous Goods Ordinance, 1873" of section 96, and the substitution therefor of the following-

"Dangerous Goods Ordinance, 1956”.

18. Section 87 of the principal Ordinance is amended in subsection Amendment (1) by the deletion of the words "Dangerous Goods Ordinance. 1873" of section 87. and the substitution therefor of the following-

"Dangerous Goods Ordinance, 1956".

19. Section 111 of the principal Ordinance is amended in sub- Amendment

of section section (1)-

11(1).

(4) by the insertion after paragraph (c) of the following aew

paragraph-

"(d) fees to be paid whenever either by or under this Ordinance or otherwise the official signature of the Director to any certificate, authorization, consent, licence, permit or exemption, or to any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, is requested or required, or whenever a search of the registers of his department is granted;"; and

(b) by paragraph (d) being re-numbered paragraph (e).

Passed the Legislative Council of Hong Kong, this 21st day of October, 1959.

(Secretariat GR17/3231/53)

Shay

THE

Deputy Clerk of Councils.

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