【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第12页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] (1) Where under this Ordinance a ship is authorized or ordered to be detained, if the ship, after such detention or after service on the master of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by competent authority, the master of the ship, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 73 of 1974 s. 12) (2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship- (a) in addition to any penalty to which he may be liable under subsection (1), shall each be guilty of an offence against this subsection and shall each be liable on conviction to imprisonment for 6 months and to a fine of $20000 and an additional fine of $1000 for each day during the period from the date on which the ship 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 (b) shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong,and all such expenses may be recovered in the same manner as a fine. (Replaced 73 of 1974 s. 12) [cf. 1894 c. 60 s. 692(1) U.K.] Cap 281 s 110 (Repealed 23 of 1998 s. 2) Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 Cap 281 s 111 (Repealed 5 of 1971 s. 13) PART XVI EVIDENCE, REGULATIONS AND FEES Cap 281 s 112 Use of official log and articles of agreement as evidence In any proceeding in court against any person for a breach of the provisions of this Ordinance, all entries in the official log and the articles of agreement shall be received in evidence subject to all just exceptions. [cf. 1894 c. 60 s. 239(6) U.K.] Cap 281 s 113 Service of documents (1) Where, for the purposes of this Ordinance, any document is to be served on any person, that document may be served- (a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; (b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in charge or command of the ship; and (c) if the document is to be served on the master of a ship, where there is no master and the ship is in Hong Kong on the managing owner of the ship, or if there is no managing owner on some agent of the owner residing in Hong Kong, or where no such agent is known or can be found by affixing a copy thereof to the mast of the ship. (Amended 61 of 1989 s. 13)(2) Any person who obstructs the service under this Ordinance of a document on the master of a ship shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (3) Any owner, agent or master of a ship who is party or privy to an offence against subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $50000 and to imprisonment for 2 years. (Amended 73 of 1974 s. 12) [cf. 1894 c. 60 s. 696(1) U.K.] Cap 281 s 114 Regulations. General powers Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2; 64 of 1999 s. 3 (1) In addition to the powers hereinbefore given the Chief Executive in Council may by regulation control, prescribe or provide for- (Amended L.N. 100 of 1984; 64 of 1999 s. 3) (a) prohibiting, restricting or regulating in any manner whatsoever the embarkation or landing of persons or things on or from vessels of all kinds including the ships of war of any foreign state; (Amended 23 of 1998 s. 2) (b) forms to be used for the purpose of this Ordinance or of regulations under the Ordinance; (c) fees to be paid in respect of the grant of certificates, clearances, licences, permits and other documents, or the performance of services or surveys or grant of facilities under this Ordinance or the Merchant Shipping (Safety) Ordinance (Cap 369); (Amended 17 of 1965 s. 61; 52 of 1977 s. 3; 74 of 1990 s. 104; 20 of 1996 s. 9) (d) fees to be paid whenever either by or under this Ordinance or otherwise the official signature of the Director to any certificate, authorization, consent, licence, permit or exemption, or to any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, is requested or required, or whenever a search of the registers of his department is granted; (Added 37 of 1959 s. 19) (e) evidence to be produced by any person as to compliance with Part XIVA on application for a licence under any such regulations as are referred to in section 107B or on the production of such a licence or otherwise; (Replaced 61 of 1989 s. 12) |
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