1964_SHIPPING_AND_PORT_CONTROL_ORDINANCE — Page 39

38

CAP. 313]

Shipping and Port Control

[1986 Ed.

Director may give effect to directions in certain cases.

with-

(3) A direction given under this Ordinance shall be complied

(a) forthwith; or

(b) where a time limit for compliance is specified in the

direction, within such time limit,

notwithstanding that the direction has not been confirmed under subsection (2).

(4) Where under this Ordinance a direction may be given to a master of a vessel it shall be sufficient if the direction is given to a person on board the vessel who is on duty to accept any direction on behalf of the master, and if there is no such master or such master cannot be traced, the direction may be given to the owner of the vessel or his agent or to any other person who appears to the person giving the direction to be in control of the vessel at that time.

(5) The giving of a direction under this Ordinance shall not diminish or in any way affect the responsibility of the master in relation to his vessel, persons on board, its cargo or any other person or property.

(6) Without prejudice to any other express penalty for failure to comply with a direction, any person who without reasonable excuse fails to comply with a direction given to him under this Ordinance commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

62. (1) Where a person who is given a direction under this Ordinance fails to comply with it, the Director may, whether or not the person is or will be prosecuted for an offence under this Ordinance, take or cause to be taken such action as may be necessary to give effect to the direction.

(2) Where no person to whom a direction under this Ordinance may be given exists or can be found, the Director may take or cause to be taken such action as he would have directed to be taken if such person existed or could be found.

(3) In a case of emergency affecting the safety of life or property the Director may take or cause to be taken such action as he would have directed to be taken under this Ordinance.

(4) For the purpose of taking any action under this section in respect of any vessel or property, the Director may board the vessel or enter the property without the permission of the owner or his agent or of the master of the vessel, or the owner or occupier of the property, as the case may be, and take with him such persons as may be necessary to assist him for that purpose.

(5) The Director may recover the cost of any action taken or caused to be taken under this section-

(a) as a civil debt from the person to whom the direction (if any) was given, or the owner of the vessel or property in respect of which the action was taken;