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[接上页] (Enacted 1995) Cap 413J s 4 Disposal of garbage within Special Areas (1) The disposal of garbage other than food wastes from a ship into the sea within a Special Area is prohibited. (2) The disposal of food wastes from a ship into the sea within a Special Area is prohibited except where it is made as far as practicable, and in any case not less than 12 miles, from the nearest land. (Enacted 1995) Cap 413J s 5 Disposal of garbage into the seas within 500 metres of fixed or floating platforms The disposal into the sea of any garbage from a ship which is a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources, or from any ship alongside or within 500 metres of such a platform, is prohibited provided that food wastes which have been comminuted or ground to the required standard may be disposed of into the sea from such platform or ship if the platform is located more than 12 miles from the nearest land. (Enacted 1995) Cap 413J s 6 Exemption The Director may exempt any ship or class or description of ship from any of the requirements of this Regulation, subject to such conditions as he may specify, and may alter or cancel any such exemption. (Enacted 1995) Cap 413J s 7 Penalties If in respect of any ship there is a contravention of any of the requirements of this Regulation, the owner, manager, demise charterer and master of the ship each commits an offence and is liable- (a) on conviction upon indictment, to a fine of $100000; or (b) on summary conviction, to a fine of $10000. (Enacted 1995) Cap 413J s 8 Defences (1) It shall be a defence to any charge under this Regulation to prove that the disposal was necessary for the purpose of securing the safety of the ship or those on board, or of saving life at sea, or that the escape of garbage resulted from damage to the ship or its equipment and that all reasonable precautions were taken before and after the damage occurred to prevent or minimize the escape. (2) It shall be a defence to a charge under section 3(1) or 4(1) of disposal into the sea of synthetic fishing nets or of synthetic material incidental to the repair of such nets to prove that the disposal was an accidental loss and that all reasonable precautions were taken to prevent the loss. (3) It shall be a defence for a person charged with an offence under section 7 to show that he took all reasonable steps and exercised all due diligence to ensure that this Regulation was complied with. (Enacted 1995) |