1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 34

1986 Ed.]

Shipping and Port Control

[CAP. 313

33

(2) Where any function, duty or power imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director shall, unless the contrary is proved, be deemed to have delegated to the public officer under subsection (1) the performance or exercise of the function, duty or power.

(3) No delegation under subsection (1) shall be made of any

power-

(a) to amend a Schedule to the regulations made under this

Ordinance;

(b) under section 52(3); or

(c) under section 63, except in respect of a provision specified for the purposes of this section in the Schedule. (Re- placed, 46 of 1981, s. 9)

(4) The Governor in Council may, by order published in the Gazette, amend the Schedule. (Added, 46 of 1981, s. 9)

59. (1) Without prejudice to any other provision of this Ordinance, an authorized officer may, at any time of day or night, stop and board any vessel in the waters of Hong Kong, other than a warship, for the purpose of-

(a) inspecting or searching the vessel or any part thereof; (b) investigating any occurrence specified in section 67(1), whether or not such occurrence has been reported to the Director under that section;

(c) making such examination and investigation as may be necessary where any provision of this Ordinance or any other enactment has been contravened in respect of the vessel or by any person on board the vessel, or where an authorized officer has reasonable grounds for suspecting that such contravention has taken place;

(d) directing the conduct of any other authorized officer who

may be on board the vessel;

(e) observing, inspecting or searching any person-

or

(i) for the time being on board the vessel;

(ii) employed, engaged or dwelling on board the vessel;

(iii) employed or engaged in loading or unloading the vessel; or

(f) taking any action which he considers necessary---

(i) to provide against fire or accident on board the vessel;

(ii) to preserve peace and good order on board the vessel; or

(iii) to prevent or detect any offence under this Ordin- ance or any other enactment in respect of the vessel or by any person on board the vessel.

Schedule.

Powers of authorized officers.