1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 28

1986 Ed.]

Shipping and Port Control

[CAP. 313

27

(a) to remove the vessel to a position or place within the

waters of Hong Kong specified by the Director;

(b) to comply with such safety requirements as may be speci-

fied by the Director generally or in any particular case; (c) to comply with any other requirements which may be specified by the Director in respect of the manner in which the vessel may be repaired or broken up;

(d) in the case of the breaking up of a vessel, to give security, in cash or otherwise, in such amount as the Director may consider necessary to ensure the effective breaking up and complete removal of the vessel.

(2) Any person who fails to comply with any direction given to him under subsection (1) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months, and to an additional fine of $1,000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director on such person.

43. (1) A person in charge of works shall not provide or use, or cause to be provided or used, any machinery, equipment or appliance for the carrying out of the works if the machinery, equipment or appliance is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury.

(2) If the Director or an inspector has reasonable grounds to believe that any machinery, equipment or appliance provided or used for the carrying out of any works is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury, the Director or inspector may give direc- tions to the person in charge of works----

(a) prohibiting the use of the machinery, equipment or appliance, or if it is capable of repair or alteration, prohibiting its use until it is repaired or altered as specified in the direction; or

(b) requiring him to take such other steps as may be specified in the directions for remedying the unnecessary risk of accident or bodily injury.

(3) A person in charge of works who----

(a) contravenes subsection (1) commits an offence and is liable

to a fine of $20,000 and to imprisonment for one year; (b) fails to comply with any direction given to him under subsection (2) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months, and to an additional fine of $1,000 for each day during which such failure to comply continues after notice requiring compli- ance with the direction has been served by the Director or an inspector on such person.

Prohibition against use of dangerous equipment, etc.