1986 Ed.]
Shipping and Port Control
[CAP. 313
9
within the waters of Hong Kong by the wilful default of the master of a vessel, the master commits an offence and is liable to a fine of $10,000.
(3) If an injury to a person or damage to property arises within the waters of Hong Kong from a contravention of the international regulations for preventing collisions at sea as applied under subsection (1), the injury or damage shall be deemed to have been caused by the wilful default of the person in charge of the deck of the vessel at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary.
11. (1) Notwithstanding any other provision of this Ordinance, the Director may, if he is satisfied that there is reason for doing so, refuse permission for a vessel, or class, type or description of vessel, to enter or leave the waters of Hong Kong.
(2) Where a vessel is refused permission under subsection (1) to leave the waters of Hong Kong, the Director shall inform the owner or his agent or the master of the vessel of the grounds on which the permission has been refused.
(3) Where a vessel which is refused permission under subsection (1) to enter or leave the waters of Hong Kong so enters or leaves, as the case may be, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $20,000 and to imprisonment for one year.
(4) This section does not apply to any warship or other ship for the time being used by Her Majesty's Government other than for commercial purposes.
12. (1) Where-
(a) a vessel is refused permission to leave the waters of Hong Kong under section 11; or
(b) it is provided in this Ordinance that under specified conditions a vessel shall not leave any port or the waters of Hong Kong,
the Director may take such steps as are necessary to detain the vessel in such port or waters.
(2) If the Director incurs any cost in detaining a vessel under subsection (1), he may recover the cost-
(a) as a civil debt from the owner or master of the vessel; or
(b) under section 55 as if the cost represented port dues payable in respect of the vessel.
(3) Where any foreign vessel is detained under subsection (1), notice thereof shall be given to the consular officer for the State to which the vessel belongs, and if there is no such consular officer to the master of the vessel, and such notice shall specify the grounds on which the vessel has been detained.
[cf. 1894 c. 60, s. 419(3).]
Refusal of permission to enter or leave.
Power to detain vessels.
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Page 11
1986 Ed.]
Shipping and Port Control
[CAP. 313
9
within the waters of Hong Kong by the wilful default of the master of a vessel, the master commits an offence and is liable to a fine of $10,000.
(3) If an injury to a person or damage to property arises within the waters of Hong Kong from a/contravention of the international regulations for preventing collisions at sea as applied under subsec- tion (1), the injury or damage shall be deemed to have been caused by the wilful default of the person in charge of the deck of the vessel at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations
necessary.
11. (1) Notwithstanding any other provision of this Ordin- ance, the Director may, if he is satisfied that there is reason for doing so, refuse permission for a vessel, or class, type or description of vessel, to enter or leave the waters of Hong Kong.
(2) Where a vessel is refused permission under subsection (1) to leave the waters of Hong Kong, the Director shall inform the owner or his agent or the master of the vessel of the grounds on which the permission has been refused.
(3) Where a vessel which is refused permission under subsec- tion (1) to enter or leave the waters of Hong Kong so enters or leaves, as the case may be, the owner and the master of the vessel commit an offence and each of them is liable to a fine of $20,000 and to imprisonment for one year.
(4) This section does not apply to any warship or other ship for the time being used by Her Majesty's Government other than for commercial purposes.
12. (1) Where-
(a) a vessel is refused permission to leave the waters of Hong
Kong under section 11; or
(b) it is provided in this Ordinance that under specified condi- tions a vessel shall not leave any port or the waters of Hong Kong,
the Director may take such steps as are necessary to detain the vessel in such port or waters.
(2) If the Director incurs any cost in detaining a vessel under subsection (1), he may recover the cost-
(a) as a civil debt from the owner or master of the vessel; or (b) under section 55 as if the cost represented port dues
payable in respect of the vessel.
(3) Where any foreign vessel is detained under subsection (1), notice thereof shall be given to the consular officer for the State to which the vessel belongs, and if there is no such consular officer to the master of the vessel, and such notice shall specify the grounds on which the vessel has been detained.
[cf. 1894 c. 60,
s. 419(3).]
Refusal of permission to enter or leave.
Power to detain vessels.
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