1978-HKRS28-16-26_Part04 — Page 8

atmosphere.

Thretiend regarding REPAIRS OF breaking up

Si vessels.

Prohitrition Dalam ar

of dancro equipment, e

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dl. (1) Where a vessel is being repaired or broken up, the person in charge of works shall mol-

(a) provide or use, or cause to be provided or used, any machinety, equipment or appliance that is capable of providing an ignition source; of

(b) carry out, or cause to be carried out, any works that involve welding or burning, the use of blow lamps, braziers or other devices using combustible materials.

in an atmosphere containing fammable vapour, flammable gases or ex- plosive dusts.

(2) A person in charge of works who contravenes subsection (1) commits an offence and is liable to a fine of $20.000 and to imprisonment for one year.

42. (1) The Director may direct any person who, in the opinion of the Director, is the owner or master of a vessel, or who claims or appears to the Director to exercise control over a vessel, that is to be repaired ar broken up or is being repaired or broken up, or who is in charge of the repairs or the breaking up of a vessel-

(a) to remove the vessel to a position or place within the waters

of Hong Kong specified by the Director;

(6) to comply with such safety requirements as may be specified

by the Director generally or to any particular case;

(c) to comply with any other requirements which may be specified by the Director in respect of the manner in which the vessel may be repaired or broken upt

(d) in the case of the breaking up of a vessel, to give security, in cash or otherwise, in such amount as the Director may consider necessary to ensure the effective breaking up and complete removal of the vessel.

(2) Any person who fails to comply with any direction given to him under subsection (1) commits an offence and is liable to a fine of $10.000 and to imprisonment for 6 months, and to an additional fine of $1.000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director on such person.

43. (1) A person in charge of works shall not provide or use, or cause to be provided or used, any machinery, equipment or appliance for the carrying out of the works if the machinery, equipment or appliance ia in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury.

(2) If the Director or an inspector has reasonable grounds to believe that any machinery, equipment or appliance provided" or used for the carrying out of any works is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury, the Director or inspector may give directions to the person in charge of works-

(a) prohibiting the use of the machinery, equipment or appliance, or if it is capable of repair or alteration, prohibiting its use until it is repaired or altered as specified in the directions; or

(b) requiring him to take such other steps as may be specified in the directions for remedying the unnecessary risk of accident or body injury.

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(3) A person in charge of works who-

(a) contravenes subsection (1) commits an offence and is liable to

a fine of $20,000 and to imprisonment for one year;

() fails to comply with any direction given to hím under subsection (2) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months, and to an additional flee of $1.000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director or an inspector on such person.

44. (1) A person in charge of works shall not carry out, or cause to Probation be carried out, any works in a condition or manner that does not provide a carryin adequately against unnecessary risk of accident or bodily injury.

(2) If the Director or an inspector has reasonable grounds to believe that any works are being carried out in a condition or manner that does not provide adequately against unnecessary risk of accident or bodily injury, the Director or inspector may give directions to the person in charge of the works requiring him to take such steps as may be specified in the directions for remedying the unnecessary risk of accident or bodily injury.

(3) A person in charge of works who-

(a) contravenes subsection (1) commits an offence and is liable to

a fine of $20,000 and to imprisonment for one year;

(b) fails to comply with any direction given to bim under sub- section (2) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months, and to an additional fine of $1,000 for each day during which such failure to comply COD- tiques after notice requiring compliance with the direction bas been served by the Director or an inspector on such person.

45, (1) To this Pan-

PART VI

POLLUTION OF WATER

Mount ander ka In danktro cood Hook

Interpretatiora, Jet 1971 c. 60,

“mixture containing oil" means any mixture of oil with water or with any 3. 29.)

other substance, and any waste consisting of or arising from ail; "occupier", in relation to-

(c) a place on land, if it has no occupier, means the owner thereof;

and

(6) a vehicle, means the person in charge of the vehicle and not the

occupier of the land on which the vehicle stands;

"oil" means oil of any description, spirit produced from of of any descrip-

tion and coal tar.

46. (1), Lf any oil or mixture containing oil is discharged into the wakens of Hong Kong, then the following commit an offence-

(a) the person by whom the olf or mixture containing oil à so dis-

charged or caused to be discharged; and

(b) whether or not the person referred to in paragraph (1) has been

charged with an offence-

() if the discharge is from a vessel, the owner and the master of the vessel, unless the owner or master, as the case may be,

Discharge of

A Jata he

water gl

Hona Kour.

Fer. 1971 a. 10. 123