1964_MERCHANT_SHIPPING_(SAFETY)_ORDINANCE — Page 49

HK Historical Laws 香港歷史法例 All AI Reviewed

48

CAP. 369]

Merchant Shipping (Safety)

1981 Ed.

Director may refuse clearance.

Power to deal with goods suspected of being dangerous.

Saving for other enactments relating to

dangerous goods.

a magistrate or court may order that the dangerous goods be forfeited to the Crown and thereafter disposed of in such manner as he thinks fit.

(2) A magistrate or court may make an order under subsection (1) notwithstanding that--

(a) the owner of the dangerous goods-

(i) may not have committed an offence under section 87 in respect of the dangerous goods; or

(ii) may not be before the magistrate or court and may not have notice of the proceedings; or

(b) there may be no evidence before the magistrate or court in

respect of the ownership of the dangerous goods:

Provided that the magistrate or court may require notice of such proceedings to be given to the owner or shipper of the dangerous goods before making an order for their forfeiture and disposal.

90. The Director may refuse a port clearance to any passenger ship if there are on board any dangerous goods which are not stowed to his satisfaction.

91. When any dangerous goods, or any goods which in the opinion of the master or owner of the ship are dangerous goods, have been sent or brought aboard any ship without being marked in accordance with section 87(1)(a) or without any notice under section 87(1)(b) having been given, the master or owner may, having regard to all the circumstances, including the risk to persons and property on board the ship and the need to protect the marine environment, dispose of those goods together with any package or receptacle in which they are contained in such manner as he thinks fit; and neither the master nor the owner of the ship shall be subject to any liability, civil or criminal, for so disposing of the goods.

92. The provisions of this Part relating to the carriage of dangerous goods shall be in addition to and not in substitution for, or in restraint of, any other enactment relating to the carriage of dangerous goods.

Collision regulations.

PART IX

REGULATIONS

93. (1) The Governor in Council may make regulations for the prevention of collisions at sea.

(2) The collision regulations may--

(a) regulate-

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48

CAP. 369]

Merchant Shipping (Safety)

1981 Ed.

Director may refuse clearance.

Power to deal with goods suspected of being dangerous.

Saving for other enactments relating to

dangerous goods.

a magistrate or court may order that the dangerous goods be forfeited to the Crown and thereafter disposed of in such manner as he thinks fit.

(2) A magistrate or court may make an order under subsection (1) notwithstanding that--

(a) the owner of the dangerous goods-

(i) may not have committed an offence under section 87 in respect of the dangerous goods; or

(ii) may not be before the magistrate or court and may not have notice of the proceedings; or

(b) there may be no evidence before the magistrate or court in

respect of the ownership of the dangerous goods:

Provided that the magistrate or court may require notice of such proceedings to be given to the owner or shipper of the dangerous goods before making an order for their forfeiture and disposal.

90. The Director may refuse a port clearance to any passenger ship if there are on board any dangerous goods which are not stowed to his satisfaction.

91. When any dangerous goods, or any goods which in the opinion of the master or owner of the ship are dangerous goods, have been sent or brought aboard any ship without being marked in accordance with section 87(1)(a) or without any notice under section 87(1)(b) having been given, the master or owner may, having regard to all the circumstances, including the risk to persons and property on board the ship and the need to protect the marine environment, dispose of those goods together with any package or receptacle in which they are contained in such manner as he thinks fit; and neither the master nor the owner of the ship shall be subject to any liability, civil or criminal, for so disposing of the goods.

92. The provisions of this Part relating to the carriage of dangerous goods shall be in addition to and not in substitution for, or in restraint of, any other enactment relating to the carriage of dangerous goods.

Collision regulations.

PART IX

REGULATIONS

93. (1) The Governor in Council may make regulatons for the prevention of collisions at sea.

(2) The collision regulations may--

(a) regulate-

+

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