1978-HKRS28-16-26_Part04 — Page 14

Authenticated Laws 確真本香港法例 All

Service of KÉPEMADAM.

30

(2) A police under subsection (1)—

(a) shall be in the prescribed form:

(6) shall be signed by the officer by whom it is served; and (c) shall state-

(1) the name of the master upon whom it is served and the Dame of the vessel of which he is the master:

()the offence which is alleged to have been committed with sufficient particulars thereof;

(ii) the time and place at which the offence is alleged to have been commilled; and"

(iv) the time and placs at which the master on whom the notice is served is required to appear.

(3) If a master upon whom a notice under subsection (1) has been duly served fails to appear before a magistrate at the time and place meationed in the notice, and it is made to appear to the magistrale by oath that the notice was served on the master personally or was handed personally to the senior officer or the person in charge or command of the vessel in accordance with subsection (1), the magistrale may issue his warrant for the apprehension of the master and to bring the master before him or another magistrate to be dealt with according to law duly endorsed as to the amount of bail, if any, upon which the master may be released in the meantime.

(4) If a master upon whom a notice under subsection (1) has been duly served appears before a magistrato in accordance with the notice, or is brought before a magistrate by a warrant issued under subsection (3), the magistrate may hear and determine the offence alleged in the motice as if a complaint had been made or an information had been laid against the master in respect of the offence and for auch purposes, the provisions of the Magistrates Ordinance relating to the hearing of a complaint or information and the proceedings thereon shall apply mutaris matandis.

(5) If a master upon whom a notice under subsection (1) has been served is brought before a magistrate by a warrant issued under aub- section (3), the magistrate may, in addition to any other penalty, order the master to pay costs, of not more than $400, solely in respect of the WaTract.

(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 corts 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) ɓas 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;

nd

(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 Dpartment of the rank of Marine Assistant Class II or above-

(a) in any case by delivering the document personally to the person Lo be served, or by leaving it for him at his last known place of business or residence;

31

(8) if the document is to be served on the master of a vessel, where

there is one, by leaving for him on board the vessel with the petson 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 of 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 Koog-

(1) on the owner of the vessel or his agent residing in Hong Kong; or

(i) 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

ogeot-

(1) 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;

(i) 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

(i) if the vessel is a vessel to which Part IV upplies, by leaving it for him at the address of the owner which is endorsed on the licence issued in respect of the vessel or at the address of the agent of the owner (if any).

(2) Any document referred to in subsection (1) which is to be served

ot the owner or master of a vessel may be addressed to the owner or master of the vessel without specifying the name of the owner or master.

79. No action in respect of any damage to property or injury to lodendr person shall lie against the Director or any other officer performing or in dema exercising any function, duty or power under section 30, 21 or 62.

80. (1) The Governor in Council may make regulations for all or Repuluton any of the following matters--

(a) the provision of port facilities and control over their use;

(5) the procedure to be followed, and the provisions to be complied with, by vessels entering or leaving the waters of Hong Kong;

(c) the control of vessels within the waters of Hong Kong generally

and in particular-

(i) the navigation of vessels and the prevention of collisions; (i) the speed of vessels;

(ii) the anchoring, mooring and berthing of vessels;

(iv) the manning of ships:

(v) the lights and signals to be exhibited by vessels;

(d) the radiotelephone equipment to be carried and operated on

vessels:

(e) the aids to navigation to be laid or erected in respect of vessels which are disabled, stranded, abandoned or sunk in the waters of Hong Kong or in respect of contruction or other works in the waters of Hong Kong:

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.