1978-HKRS28-16-26_Part04 — Page 10

Payment of port dues.

Pallure to DAY port duck

(Cap. 277)

Recovery of por does by

sture.

Power to declare ports.

Power of Governor O evc rect.

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53. (1) Port dues shall be paid to the Director on demand made by bim.

(2) The Director may require the payment of port dues in advance la the case of any specified vessel, or specified class," type or description of vessel.

(3) The Director may in any particular case or class of case permit the port dues to be paid in arrear, subject to such conditions as to security or time for payment as he thinks ft.

54. (1) If any port dues are not paid on demand-

(a) where payment is required to be made in advance under section 5302), the Director may refuse permission for the vessel to enter the waters of Hong Kong:

(6) where payment is required to be made before a vessel leaves the waters of Hong Kong, the Director may refuse permission for the vessel to leave the waters of Hong Kongs

(c) the port dues payable may be recovered as a pivil 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, proceed- ings 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 falls on demand to pay any part 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 follow ing 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 ady area of the waters of Hong Kong to be a port.

$7. (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 power under this Ordinance, comply with that direction.

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58. (1) Subject to subsection (3), the Director may, either generally Dektadon

or in any particular case, delegate to any other public officer the perform by Director. ance or exercise on his behalf of any of the functions, duties or powers imposed or conferred upon him under this Ordinance.

(2) Where any function, duty or power imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director shall, unless the contrary is proved, be deemed to bave delegated to the public officer under subsection (1) the performance or exercise of the faction, duty or power.

(3) No delegation under subsection (1) shall be made of powers under Sections 52(3) and 63 and of any power to amend a Schedule to the regula- Gjons made under this Ordinance.

59. (1) Without prejudice to any other provision of this Ordinance, Towers of an authorized officer may, at any time of day or night, stop and board any authorized versel in the waters of Hong Kong other than a warship, for the purpose

of-

(4) inspecting or searching the vessel or any part thereof;

(b) investigating any occurrence specified in section 67(1), whether or not such occurrence has been reported to the Director under that rection;

(6) making such examination and investigation as may be necessary where any provision of this Ordinance or any other enactment bas been contravened in respect of the vessel or by any person on board the vessel, or where an authorized officer has reasonable grounds for suspecting that such contravention has taken places

(4) directing the conduct of any other authorized officer who may be

on board the vessel;

(e) observing, inspecting or searching any person-

() for the time being on board the vessel;

(D) employed, engaged or dwelling on board the vessel; or (i) employed or engaged in loading or unloading the vessel; or

() taking any action which he considers necessary-

() to provide against fire or accident on board the vessel;

(ii) to preserve peace and good order on board the vessel; or (i) to prevent or detect any offence under this Ordinance or any other enactment ja respect of the vessel or by any person on board the vessel.

(2) Any police officer of or above the rank of Station Sergeant may— (a) take into custody and remove from any vessel in the waters of Hong Kong, other than a warship, any person who be suspects on reasonable grounds of—

( having committed an offence under this Ordinance or any other enactment; or

(ii) having boarded, or remained on board, the vessel without the permission of the owner or his agent or of the master of the vessel; or

(b) direct a vessel to which Part IV applies, in respect of which be suspects on reasonable grounds that an offence under this Ordin- ance or any other enactment has been committed, to proceed together with any persons on board to the nearest Marine Police Base or Marine Licensing Station.

officer.