1978-HKRS28-16-26_Part04 — Page 3

Authenticated Laws 確真本香港法例 All

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Ship to Anchor in poru

Deal ship.

Lald-up wenscht.

Benching. A MË Tessela.

17. (1) Subject to subsection (2), no abip or junk shall, except with the permission of the Director, anchor at any place in the waters of Hong Kong other than in a port.

(2) Subsection (1) shall not apply where a ship or junk anchors at any place in the walch of Hong Kong, other than in a place in which anchoring is expressly restricted of prohibited under this Ordinunce, becalis: of stress of weather or other sufficient cause.

(3) If subsection (1) is contravened, the master commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months,

18. (1) No dead ship shall, except with the permission of the Director, enter, or be brought into, the watera of Hong Kong,

(2) Subject to subsection (4), no dead ship shall, except with the written permission of the Director, be berthed, moored or anchored at aay place in the waters of Hong Kong.

(3) Subject to subsection (4), no owner, agent or master of a ship which is within the waters of Hong Kong shall, except with the written permission of the Director, carry out, or cause to be carried out, any maintenance or repair work on the ship which will result in the ship becoming a dead ship.

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(4) Subsections (2) and (3) do not apply to a dead ship which is drydocked or within the precincts of, or berthed or moored alongside, dockyard.

(5) Without prejudice to section 64(5), a permission gratted under this section may be withdrawn or cancelled by the Director at any time if the dead ship becomes, or is likely to become, a danger to life, other vessels, port facilities or other property,

(6) If without reasonable excuse subsection (1), (2) or (3) is con- travened, the owner or bis agent and the master commit an offence and each of them is liable to a fine of $10,000 and to imprisonment for 6 months.

19. (1) Subject to subsection (2), no laid-up vessel shall, except with the written permission of the Director, be berthed, moored or anchored at any place in the waters of Hong Kong

(2) Subsection (1) does not apply to a Iald-up vessel which is dry- docked or within the precincts of, or berthed of moored alongside, "a dockyard.

(3) If without reasonable excuse subsection (1) is contravened, the owner or bit agent and the master commit an offence and each of thêm iş liable to a fine of $10,000 and to imprisonment for 6 months.

20. (1) Where a vessel-

(a) is on fire;

(6) bas suffered damage by fire, explosion or collision; or

(c) is disabled, stranded or out of control because of damage, bad

weather of mechanical failure,

the Director may, if he has reasonable grounds to believe that any of the circumstances specified in subsection (2) prevail, direct the owner of master of the vessel-

(1) to beach the vessel;

(ii) to take the vessel outside the limits of a port; or

(ii) to take such other action as the Director thinks fit.

(2) The circumstances for the purposes of subsection (1) are that the vessel-

(a) is, or is likely to become, a danger to life, other vessels, aircraft

or navigation;

(6) is causing, or is likely to cause, pollution of the waters of Hoop

Kong:

(c) is causing, or is likely to cause, damage to port facilities or other

property.

(3) If without reasonable excuse any direction given under subsection (1) is not complied with, the owner or master to Whom the direction is given commits an offence and is liable to a fine of $20,000 and to imprison- ment for one year.

at uraded,

clas

21. (1) The Director may give to an owner or master of, or olber Removal, els. person who claims or appears to the Director to exercise control over, a vessel which is stranded, åbandined or sunk in the waters of Hong Kong uch directions as he thinks GL in respect of the removal, movement, Venedi auchoring, mooring, securing, raising or destruction of the vessel.

(2) If without reasonable excuse any direction given under subsection (1) is not complied with, the person to whom the direction is given com- mits an offence and is liable to a fine of $20,000 and to imprisonment for one year.

(3) The Director may seize and detain a vessel referred to in sub- section (1) together with any cargo and other things on board if-

(a) a direction given under subsection (1) is not complied with; (6) after reasonable inquiry he is unable to ascertain the ownership of the vessel or to trace the owner or master of the vessel; or

(4) no person claims or appears to the Director to exercise contral

over the vessel.

(4) For the purposes of seizing a vessel, cargo or other things under subsection (3), the Director may take, or cause to be taken, any action that is necessary including the employment of pilots and the use of tugs and equipment to remove, move, anchor, moor, secure or raise the vessel, cargo and other things.

(5) The Director shall publish in the Gazette and in one English language and one Chinese language newspaper circulating in Hong Kong a notice of a seizure effected under subsection (3) and the notice shall specify-

(a) the names (if known to the Director) of the persons whom the Director believes to be the owner and the master of the vessel;

(6) the name (if known 10 the Director) of the person whom the Director believes to be the owner or otherwise entitled to the possession of any cargo or other things on board;

(c) a description of the vessel and the place at which it was seized; (d) a description of the cargo or other things on board; and

or munked

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