1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 30

1986 Ed.]

Shipping and Port Control

[CAP. 313

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(i) if the discharge is from a vessel, the owner and the master of the vessel, unless the owner or master, as the case may be, proves that the discharge took place and was caused as mentioned in sub-paragraph (ii);

(ii) if the discharge is from a vessel but takes place in the course of a transfer of oil to or from another vessel or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other vessel or that place, the owner and the master of that other vessel or, as the case may be, the occupier of that place;

(iii) if the discharge is from a place on land, the occupier of that place, unless he proves that the discharge was caused by the act of a person who is in that place without the permission (express or implied) of the occupier;

(iv) if the discharge takes place otherwise than as mentioned in sub-paragraph (i), (ii) or (iii) and is the result of any operations for the exploration of the seabed and subsoil or the exploration of their natural resources, the person carrying on the operations.

(2) Reference in subsection (1) to the discharge of oil or mixture containing oil, or to its being discharged, from a vessel or place on land includes a reference to the escape of the oil or mixture containing oil, or (as the case may be) to its escaping, from that vessel or place on land.

(3) Any person who commits an offence under this section is liable to a fine of $200,000.

47. (1) Where a person is charged with an offence under section 46 as the owner or master of a vessel it shall be a defence to prove that the oil or mixture containing oil was discharged for the purpose of-

(a) securing the safety of the vessel;

(b) preventing damage to the vessel or its cargo; or

(c) saving life,

unless the court is satisfied that the discharge of the oil or mixture containing oil was not necessary for that purpose or was not a reasonable step to take in the circumstances.

(2) Where a person is charged as mentioned in subsection (1) it shall also be a defence to prove-

(a) that the oil or mixture containing oil escaped in con- sequence of damage to the vessel and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing, or (if it could not be prevented) for stopping or reducing, the escape of the oil or mixture containing oil; or

(cf. 1971 c. 60, s. 29(3).]

Defences under section 46. 1971 c. 60, s. 5.

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