【法规名称】
【法规编号】 61568 什么是编号？
【正 文】
第4页 CAP 313 SHIPPING AND PORT CONTROL ORDINANCE
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[接上页] (a) refusing permission for a vessel or class, type or description of vessel to enter or leave the waters of Hong Kong; or (b) requiring the removal of a vessel or class, type or description of vessel from the waters of Hong Kong.(2) Without limiting the generality of subsection (1) and without prejudice to any of the Director's powers under this Ordinance, the Director may give directions prohibiting the entry of a vessel into, or requiring the removal of a vessel from, the waters of Hong Kong if in his opinion the condition of that vessel or the nature or condition of anything it contains is such that its presence in the waters of Hong Kong may involve- (a) grave and imminent danger to the safety of any person or property; or (b) grave and imminent risk that the vessel may, by sinking, foundering or otherwise, prevent or seriously prejudice the use of any part of the waters of Hong Kong by other vessels.(3) Any directions under subsection (1) or (2) may be given as respects the vessel in question to the owner or the master of the vessel. (4) At any time any directions under subsection (1) or (2) are given to any person, the Director shall inform that person of the grounds for giving such directions. (5) If any directions of the Director under subsection (2) were not reasonably necessary to prevent or reduce the danger or risk provided therein, a person incurring expense or suffering damage as a result of any action taken in compliance with the Director's directions shall be entitled to claim and recover compensation from the Government. (6) Nothing in this section shall affect the exercise by the Director of any of the powers conferred on him by section 6 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap 413). (Amended 64 of 1999 s. 3) (Added 69 of 1993 s. 2) Cap 313 s 11C Offences (1) If without reasonable excuse section 11A is contravened, the owner and the master of the vessel each commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (2) (a) If a vessel which is refused permission under section 11B(1)(a) or which is prohibited under section 11B(2) to enter the waters of Hong Kong so enters without reasonable excuse, the owner and the master of the vessel each commits an offence and is liable to a fine of $250000 and to imprisonment for 2 years and to an additional fine of $25000 for each day during which the vessel in question remains in the waters of Hong Kong without reasonable excuse after so entering. (b) If a vessel which is refused permission under section 11B(1)(a) to leave the waters of Hong Kong so leaves without reasonable excuse, the owner and the master of the vessel each commits an offence and is liable to a fine of $250000 and to imprisonment for 2 years. (c) If without reasonable excuse a direction under section 11B(1)(b) or (2) for the removal of a vessel from the waters of Hong Kong is not complied with, the owner and the master of the vessel each commits an offence and is liable to a fine of $250000 and to imprisonment for 2 years and to an additional fine of $25000 for each day during which the vessel in question remains in the waters of Hong Kong without reasonable excuse. (Added 69 of 1993 s. 2) Cap 313 s 12 Power to detain vessels (1) Where- (a) a vessel is refused permission to leave the waters of Hong Kong under section 11B; or (Amended 70 of 1999 s. 5) (b) it is provided in this Ordinance that under specified conditions a vessel shall not leave any port or the waters of Hong Kong,the Director may take such steps as are necessary to detain the vessel in such port or waters. (2) If the Director incurs any cost in detaining a vessel under subsection (1), he may recover the cost- (a) as a civil debt from the owner or master of the vessel; or (b) under section 55 as if the cost represented port dues payable in respect of the vessel.(3) Where any vessel not registered in Hong Kong is detained under subsection (1), notice thereof shall be given to the consular officer for the State to which the vessel belongs, and if there is no such consular officer to the master of the vessel, and such notice shall specify the grounds on which the vessel has been detained. (Amended 23 of 1998 s. 2) Cap 313 s 13 Penalty for taking detained vessel to sea (1) If a vessel which is detained under section 12 proceeds to sea the master, and the owner or his agent if he is party or privy to such action, commit an offence and each of them is liable to a fine of $50000 and to imprisonment for 2 years. (2) Where a vessel proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty- (a) the master and the owner or his agent, in addition to committing an offence under subsection (1), commit an offence under this subsection and each of them is liable to a fine of $20000 and to imprisonment for 6 months, and to an additional fine of $1000 for each day during the period from the date on which the vessel proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and |
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