br. 1971 €, 60, 4. 39030.1
Defences under accion 46.
1971 c. 60.
Duty to report discharge of
olt loto Hoog Katy widen 1971 <. 60. B. 31.
20
proves that the discharge took place and was caused as mentioned in sub-paragraph (Ü);
(i) if the discharge is from a vessel but takes place in the course of a trauster of ail to or from another vessel or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other vessel or that place, the owner and the master of that other vessel or, as the case may be, the occupier of that place;
(i) if the discharge is from a place on land, the occupier of that place, unless he proves that the discharge was caused by the act of a person who is in that place without the permission (express or implied) of the occupier;
(iv) if the discharge takes place otherwise than as mentioned in sub-paragraph (0), (i) or (ii) and is the result of any operation! for the exploration of the seabed and subsoil or the exploration of their natural resources, the person carrying on the operations. (2) Reference in subsection (1) to the discharge of oil or mixture containing oil, or to its being discharged, from a vessel or place on land includes à reference to the oscape of the oil or mixture containing oil, or (as the case may be) to its escaping, from that vessel or place on land.
(3) Any person who commits an offence under this section is liable ro a fine of 3200,000.
47. (1) Where a person is charged with an offence under section 45 as the owner or master of a vessel shall be a defence to prove that the oil or mixture containing oil was discharged for the purpose of
(a) securing the safety of the vessel;
(b) preventing damage to the vessel or its cargo; or
(c) saving life,
unless the court is satisfied that the discharge of the oil or mixture coo taining oil was not necessary for that purpose or was not a reasonable step to take in the circumstances.
(2) Where a person is charged as mentioned in subsection (1) it shall also be a defence to prove-
(a) that the ofl or mixture containing of escaped in consequence of damage to the vessel and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing or (if it could not be prevented) for stopping or reducing. the escape of the oil or mixture containing cit; or
(5) that the oil or mixture containing oil escaped by reason of leak: age, that neither the leakage nor any delay in discovering it ww dus to want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it.
48. (1) If any oil or mixture containing oil
(a) is discharged from a vessel into the waters of Hong Kong,
() is found to be escaping or to have escaped from a vessel into
any such waters; or
(c) is found to be escaping or to have escaped into any such water
from a place on land,
the owner or master of the vessel, or the occupier of the place on land, as the case may be, shall forthwith report the occurrence to the Director.
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(2) A report made under subsection (1) by the owner or master of the vessel shall state whether the occurrence falls within paragraph (2) or (5) of that subsection.
(3) Any person who fails to make a report as required by this section commits an offence and is liable to a fine of $5,000.
PART VI
POLLUTION OF AIR
49. In this Fart, unlaw the context otherwise requires— "smoke" includes woot, ash, grit and gritty particles emitted in smoke or
alcam.
Interpretation,
58. (1) Subject to subsection (2), no vessel in the waters of Hong Embdon of Kong shall emit smoke in such quantity as to be a nuisance.
(2) Subsection (1) shall not apply to the emission of smoke in cir- cumstances affecting the safety of life or of the vessel.
(3) If subsection (1) is contravened, the owner and master of the vessel commit an offence and each of them is liable for a first offence to a fine of $10,000 and for a second or subsequent offence to a fine of $20,000.
araoke fram
$1 (1) The Governor in Council may make regulations for all or Reptarium, any of the following purposeS~~
(a) specifying periods during which emission of smoke from Vessels may be permitted in any class of case and subject to limitations: (b) the adoption of precautions against the emission of smoke from
veaso|6:
(e) generally for effectively controlling the emission of smoke from
vessels.
(2) Any regulations made under this section may provide that a con- travention of specified provisions thereof is an offence and may prescribe penalties therefor not exceeding a flue of $5,000.
PART VIH
PORT DUES
52. (1) Subject to subsection (2), the owner, his agent and the master Part dues and
of every vessel which enters any port or other part of the waters of Hong misions. Kong, or which uses any port facility, shall be jointly and severally liable
10 pay in respect of the vessel such port dues as may be prescribed.
(2) Subsection (U) shall not apply to any vessel for the time being used by the Hong Kong Government or to any warship or ship for the time being used by Her Majesty's Government or the Government of any State for other than commercial purposes.
(3) The Director, Deputy Director of Marine or an Assistant Director of Marine may refund or waive the payment of, in whole or in part, any port dues in respect of any vessel, or clams, type or description of vessel, used for other than commercial purposes.
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