1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 14

1986 Ed.]

Shipping and Port Control

[CAP. 313

13

(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 imprisonment for one year.

21. (1) The Director may give to an owner or master of, or other person who claims or appears to the Director to exercise control over, a vessel which is stranded, abandoned or sunk in the waters of Hong Kong such directions as he thinks fit in respect of the removal, movement, anchoring, 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 commits 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 subsection (1) together with any cargo and other things on board if-

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

(c) no person claims or appears to the Director to exercise control 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:

(b) the name (if known to 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

(e) a reasonable period within which and the place at which a claim shall be submitted to the Director for the release of the vessel, cargo or other things on board.

Removal, etc. of stranded, abandoned or sunken vessels.