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[接上页] (c) for the prohibition, regulation and control of the loading and carriage on board ships, and the unloading or discharge from ships, of oil or any substance other than oil and for procedures relating thereto; (d) for the design and construction of, and the equipment and fittings on board, ships carrying oil or any substance other than oil; (e) for the compulsory reporting of incidents involving pollution or the threat of pollution for the purpose of giving effect to Protocol I (provisions concerning reports on incidents involving harmful substances) to the Convention; (f) (Repealed 16 of 1999 s. 3) (g) that contraventions of the regulations shall be offences punishable by penalties not exceeding- (i) on conviction upon indictment, a fine of $5000000 and, in the case of an individual, imprisonment for 2 years; (ii) on summary conviction, a fine of $500000;(h) that in the case of any such contravention an offence is committed by- (i) the master and the owner of the ship concerned; and (ii) where the contravention is due to the act or omission of another person, that person;(i) for denying entry of any ship to the waters of Hong Kong in respect of which any such contravention is believed to have occurred; (j) for detaining any ship in respect of which any such contravention is believed to have occurred and for notifying the relevant consular officer (if any) of the detention and of any proceedings against the ship; and (k) for the admission of prescribed or specified documents and certified copies of documents as evidence in legal proceedings,and the regulations may- (i) make different provisions for different circumstances or in relation to different classes or descriptions of ships; (ii) provide for exemptions from any provisions of the regulations in respect of different classes or descriptions of ships; (iii) provide for the granting by the Director, on such terms (if any) as he may specify, of exemptions from any provisions of the regulations in respect of any ship, or class or description of ships, and for the alteration or cancellation of any such exemption; (iv) provide for the approval by the Director of equivalent fittings, equipment or procedures as alternatives to those prescribed; (v) provide for the delegation of powers exercisable and functions performable by virtue of the regulations; (vi) provide for the application of the regulations to the State; and (Amended 64 of 1999 s. 3) (vii) include such incidental, supplemental and transitional provisions as appear to the Secretary for Economic Development and Labour or Chief Executive in Council (as the case may be) to be expedient for the purposes of the regulations. (Amended 16 of 1999 s. 3; L.N. 106 of 2002)(6) Any fees prescribed under this Ordinance- (a) may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of Hong Kong ships and of ports, ships and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter; and (b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of ship, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of service, facility or ship. (Enacted 1990) Cap 413 s 3A Supplementary regulation-making power in relation to international agreements applicable to Hong Kong For the purpose of giving effect (whether in whole or in part) to any provisions of any international agreements applicable to Hong Kong (including the Convention and the Protocol as defined in section 3(1))- (a) as in force from time to time; and (b) so far as the agreement relates to any matter for or in relation to which provision may be made by regulations made under this Ordinance,any such regulations may- (i) set out or refer to those provisions (whether in a schedule or otherwise); and (ii) specify (whether in a schedule or otherwise) amendments, modifications or adaptations subject to which those provisions shall have effect. (Added 16 of 1999 s. 4) Cap 413 s 4 Penalty for taking detained ship to sea (1) Where a ship is authorized or ordered to be detained under regulations made under this Part, and after such detention or after service on the master of any notice of or order for such detention, the ship proceeds or attempts to proceed to sea before having been released by a competent authority, the master of the ship commits an offence and is liable to a fine of $500000 and to imprisonment for 2 years; and if the owner or agent or any person who sends the ship to sea is party or privy to the offence he also commits an offence and is liable to the same punishment. (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- |