1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 38

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Shipping and Port Control

[CAP. 313

37

"non-domestic premises" means any premises other than domestic premises.

(Added, 46 of 1981, s. 10)

60B. (1) Where—

(a) a vessel is involved in any occurrence specified in section 67(1); or

(b) the master, person in charge or person in control of a vessel is suspected of having committed an offence under this Ordinance involving the use of the vessel,

the Director may, within 3 months after the occurrence or alleged offence, serve on the owner of the vessel a written notice requiring him to furnish to the Director, within 21 days after the date of the notice, a written statement signed by the owner, specifying the name and address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence.

(2) Subject to subsection (3), an owner who fails to comply with a notice served on him under subsection (1) within the time specified in that subsection commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.

(3) In proceedings for an offence under subsection (2), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence referred to in subsection (1).

(4) The provisions of this section shall be in addition to and shall not derogate from section 67.

(Added, 46 of 1981, s. 10)

60C. If, in any proceedings for an offence under this Ordinance involving a vessel, there is produced to the court or a magistrate a statement furnished under section 60B, which—

(a) purports to have been signed by the accused person; and

(b) states that the accused person was the master, person in charge or person in control of the vessel at the time of the offence,

the court or magistrate shall admit the statement as prima facie evidence that the accused person was the master, person in charge or person in control of the vessel at the time of the offence.

(Added, 46 of 1981, s. 10)

Obligation to give certain information.

Proof of identity of master etc. in proceedings.

61. (1) A direction given under this Ordinance may be given

Giving of directions and offence of non-compliance,

(2) If requested by any person who is given a direction orally or by means of signals the person giving the direction shall confirm the direction in writing.

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1986 Ed.] Shipping and Port Control [CAP. 313 37 "non-domestic premises" means any premises other than domestic premises. (Added, 46 of 1981, s. 10) 60B. (1) Where— (a) a vessel is involved in any occurrence specified in section 67(1); or (b) the master, person in charge or person in control of a vessel is suspected of having committed an offence under this Ordinance involving the use of the vessel, the Director may, within 3 months after the occurrence or alleged offence, serve on the owner of the vessel a written notice requiring him to furnish to the Director, within 21 days after the date of the notice, a written statement signed by the owner, specifying the name and address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence. (2) Subject to subsection (3), an owner who fails to comply with a notice served on him under subsection (1) within the time specified in that subsection commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months. (3) In proceedings for an offence under subsection (2), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence referred to in subsection (1). (4) The provisions of this section shall be in addition to and shall not derogate from section 67. (Added, 46 of 1981, s. 10) 60C. If, in any proceedings for an offence under this Ordinance involving a vessel, there is produced to the court or a magistrate a statement furnished under section 60B, which— (a) purports to have been signed by the accused person; and (b) states that the accused person was the master, person in charge or person in control of the vessel at the time of the offence, the court or magistrate shall admit the statement as prima facie evidence that the accused person was the master, person in charge or person in control of the vessel at the time of the offence. (Added, 46 of 1981, s. 10) Obligation to give certain information. Proof of identity of master etc. in proceedings. 61. (1) A direction given under this Ordinance may be given Giving of directions and offence of non-compliance, (2) If requested by any person who is given a direction orally or by means of signals the person giving the direction shall confirm the direction in writing.
Baseline (Original)
1986 Ed.] Shipping and Port Control [CAP. 313 37 "non-domestic premises" means any premises other than domestic premises. (Added, 46 of 1981, s. 10) 60B. (1) Where— (a) a vessel is involved in any occurrence specified in sec- tion 67(1); or (b) the master, person in charge or person in control of a vessel is suspected of having committed an offence under this Ordinance involving the use of the vessel, the Director may, within 3 months after the occurrence or alleged offence, serve on the owner of the vessel a written notice requiring him to furnish to the Director, within 21 days after the date of the notice, a written statement signed by the owner, specifying the name and address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence. (2) Subject to subsection (3), an owner who fails to comply with a notice served on him under subsection (1) within the time specified in that subsection commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months. (3) In proceedings for an offence under subsection (2), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence referred to in subsection (1). (4) The provisions of this section shall be in addition to and shall not derogate from section 67. (Added, 46 of 1981, s. 10) 60C. If, in any proceedings for an offence under this Ordin- ance involving a vessel, there is produced to the court or a magistrate a statement furnished under section 60B, which- (a) purports to have been signed by the accused person; and (b) states that the accused person was the master, person in charge or person in control of the vessel at the time of the offence, the court or magistrate shall admit the statement as prima facie evidence that the accused person was the master, person in charge or person in control of the vessel at the time of the offence. (Added, 46 of 1981, s. 10) Obligation to give certain information. Proof of identity of master etc. in proceedings. 61. (1) A direction given under this Ordinance may be given Giving of orally or in writing, or by means of signals. directions and offence of (2) If requested by any person who is given a direction orally non-compliance, or by means of signals the person giving the direction shall confirm the direction in writing.
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1986 Ed.]

Shipping and Port Control

[CAP. 313

37

"non-domestic premises" means any premises other than domestic

premises.

(Added, 46 of 1981, s. 10)

60B. (1) Where—

(a) a vessel is involved in any occurrence specified in sec-

tion 67(1); or

(b) the master, person in charge or person in control of a vessel is suspected of having committed an offence under this Ordinance involving the use of the vessel,

the Director may, within 3 months after the occurrence or alleged offence, serve on the owner of the vessel a written notice requiring him to furnish to the Director, within 21 days after the date of the notice, a written statement signed by the owner, specifying the name and address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence.

(2) Subject to subsection (3), an owner who fails to comply with a notice served on him under subsection (1) within the time specified in that subsection commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.

(3) In proceedings for an offence under subsection (2), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence referred to in subsection (1).

(4) The provisions of this section shall be in addition to and shall not derogate from section 67.

(Added, 46 of 1981, s. 10)

60C. If, in any proceedings for an offence under this Ordin- ance involving a vessel, there is produced to the court or a magistrate a statement furnished under section 60B, which-

(a) purports to have been signed by the accused person; and (b) states that the accused person was the master, person in charge or person in control of the vessel at the time of the offence,

the court or magistrate shall admit the statement as prima facie evidence that the accused person was the master, person in charge or person in control of the vessel at the time of the offence.

(Added, 46 of 1981, s. 10)

Obligation to give certain information.

Proof of identity of master etc. in proceedings.

61. (1) A direction given under this Ordinance may be given Giving of orally or in writing, or by means of signals.

directions and offence of

(2) If requested by any person who is given a direction orally non-compliance, or by means of signals the person giving the direction shall confirm the direction in writing.

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