1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 23

223

Recovery of penalty by sale of vessels.

CAP. 313]

Shipping and Port Control

[1986 Ed.

(i) order the removal, within such time as may be prescribed, of any dwelling vessel from any part of the waters of Hong Kong being an area in respect of which a licence is required or being an area declared to be closed to dwelling vessels;

(ii) seize, remove and detain any dwelling vessel in respect of which an order for removal has been made and not complied with;

(iii) remove any person or property found on any dwelling vessel that has been seized and detained;

(iv) sell, by public auction or otherwise, any dwelling vessel which has been seized and detained;

(v) destroy or otherwise dispose of any vessel that has been seized and detained and which he is unable to sell;

(vi) pay any proceeds of sale of a dwelling vessel to the owner thereof, if known, or if the owner is not known or does not claim such proceeds, pay the same into general

revenue,

(c) provide for the seizure and disposal of any property found on a dwelling vessel which has been seized and detained and, in particular, may provide that any such property shall become the property of the Crown free from the rights of any person and may be disposed of as the Director thinks fit;

(d) provide for the service of an order to remove a dwelling vessel from any part of the waters of Hong Kong by affixing such order to a prominent part of the vessel. (Added, 12 of 1983, s. 3)

(2) Any regulations made under this section may provide that a contravention of specified provisions thereof is an offence and may prescribe penalties therefor not exceeding a fine of $20,000 and imprisonment for one year.

34. (1) Where an owner or master of a vessel who is convicted of an offence under this Part or under regulations made under section 33 fails to pay any fine imposed in respect of the offence, the Director may sell the vessel in respect of which the offence was committed and apply the proceeds in payment of the fine, and the balance (if any), after deducting any reasonable expense incurred in the sale, shall be paid to the owner of the vessel if claimed within 6 months after the date of the sale or forfeited to the Crown if not claimed within that period.

(2) Not less than 14 days before a vessel is sold under subsection (1), the Director shall give to the owner of the vessel notice in writing of the intended sale, but notice under this subsec- tion shall not be necessary where there is no such owner or the Director is unable to find the owner.