【法规名称】
【法规编号】 79174 什么是编号？
【正 文】
第3页 CAP 413 MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE
|
[接上页] (a) in addition to any punishment to which they may be liable under subsection (1), both commit an offence against this subsection and are each liable 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 returns 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) are jointly and severally liable to pay to the Government all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong.(3) Expenses referred to in subsection (2)(b) may be recovered as if they were a fine imposed by a magistrate. (Enacted 1990) Cap 413 s 5 Application of Part III PART III SHIPPING CASUALTIES INVOLVING A RISK OF POLLUTION (1) Subject to subsections (2) and (3), this Part shall apply in relation to all ships whether within or outside the waters of Hong Kong. (2) As respects a ship which- (a) is not a Hong Kong ship; and (b) is for the time being outside the waters of Hong Kong,the power conferred on the Director by section 6(2) to give directions may only be exercised in relation to- (Amended 16 of 1999 s. 5) (i) an individual who is a permanent resident of the Hong Kong Special Administrative Region; or (Amended 28 of 1998 s. 2) (ii) a body corporate which is established under the laws of Hong Kong,and section 8(2) shall apply to such an individual or body corporate only. (3) No direction under section 6(2) shall apply to any vessel of Her Majesty's navy or to any ship not forming part of Her Majesty's navy which belongs to Her Majesty or is held by any person on behalf of or for the benefit of the Crown in right of Her Majesty's Government in the United Kingdom or Her Majesty's Government in Hong Kong, and no action shall be taken under section 6(4) or (5) as respects any such vessel or ship. (Enacted 1990) Cap 413 s 6 Shipping casualties (1) The powers conferred by this section may be exercised where- (a) an accident has occurred to or in a ship; and (b) in the opinion of the Director- (Amended 4 of 1995 s. 5) (i) oil, or any substance other than oil, from the ship will or may cause pollution on a large scale in Hong Kong or in the waters of Hong Kong; (ii) if the ship is one referred to in section 5(2), the danger of pollution is grave and imminent; and (iii) the exercise of the powers conferred by this section is urgently needed.(2) For the purpose of preventing or reducing pollution, or the risk of pollution, the Director may give directions as respects the ship or its cargo- (Amended 4 of 1995 s. 5) (a) to the owner of the ship, or to any person in possession or control of the ship; or (b) to the master of the ship; or (c) to any salvor in possession of the ship, or to any person who is the servant or agent of any such salvor, and who is in charge of the relevant salvage operation.(3) Directions under subsection (2) may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without limiting the generality of the foregoing the directions may require- (a) that the ship is to be, or is not to be, moved- (i) to or from a specified place, area or locality; (ii) over a specified route; or(b) that any oil or other cargo is to be, or is not to be, unloaded or discharged; or (c) that specified salvage measures are to be, or are not to be, taken.(4) If in the opinion of the Director the powers conferred by subsection (2) are, or have proved to be, inadequate for the purpose, the Director may, for the purpose of preventing or reducing pollution, or the risk of pollution, take, as respects the ship or its cargo, any action of any kind whatsoever, and without limiting the generality of the foregoing the Director may- (Amended 4 of 1995 s. 5) (a) do anything he has power to require to be done by a direction under subsection (2); (b) cause operations to be undertaken for the sinking or destruction of the ship, or any part of it, of a kind which is not within the means of any person to whom he may give such a direction; (c) cause operations to be undertaken which involve taking over control of the ship.(5) The powers of the Director under subsection (4) may also be exercised by such persons as may be authorized in that behalf by the Director. (Amended 4 of 1995 s. 5) (6) A person concerned in complying with directions given, or in action taken, under this section shall use his best endeavours to avoid risk to human life. (7) Nothing in this section shall derogate from or affect any right or power of the Government existing apart from this section whether under international law or otherwise. (8) Any action taken as respects a ship which is under arrest or as respects the cargo of such a ship, being action taken under a direction given under subsection (2), or under subsection (4) or (5)- |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！