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　　(a) does not constitute contempt of court; and
　　
　　(b) shall not constitute a ground or cause of action in legal proceedings instituted against the Government.(9) In this section-
　　
　　"accident" (意外) includes the loss, stranding, abandonment of or damage to a ship;
　　
　　"any substance other than oil" (非油类物质) means-
　　
　　(a) any substance specified in an order made under subsection (10); and
　　
　　(b) any other substance which is liable to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;"specified" (指明), in relation to a direction under subsection (2), means specified in the direction.
　　
　　(10) The Director may, by order published in the Gazette, specify any substance for the purposes of the definition of "any substance other than oil" in subsection (9). (Amended 4 of 1995 s. 5)
　　
　　(Enacted 1990)
　　
　　Cap 413 s 7 Directions; right to recover in respect of unreasonable loss or damage
　　
　　(1) If any action taken under a direction under section 6(2), or under section 6(4) or (5)-
　　
　　(a) was not reasonably necessary to prevent or reduce pollution or, as may be appropriate, the risk of pollution; or
　　
　　(b) was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered, as a result of the action,a person incurring expense or suffering damage as a result of the action, or of himself having taken the action, shall be entitled to claim and recover compensation from the Government.
　　
　　(2) In determining whether subsection (1) applies in a particular case, account shall be taken of-
　　
　　(a) the extent and risk of pollution if the action had not been taken;
　　
　　(b) the likelihood of the action being effective; and
　　
　　(c) the extent of the damage which has been caused by the action.(3) Any reference in this section to the taking of any action includes a reference to a compliance with a direction not to take some specified action.
　　
　　(Enacted 1990)
　　
　　Cap 413 s 8 Offences in relation to section 6
　　
　　(1) A person to whom a direction is given under section 6(2) who fails to comply with any requirement of the direction, commits an offence.
　　
　　(2) A person who wilfully obstructs any person who is-
　　
　　(a) acting on behalf of the Director in connection with the giving or service of a direction under section 6(2); (Amended 16 of 1999 s. 6)
　　
　　(b) acting in compliance with such a direction; or
　　
　　(c) acting under subsection (4) or (5) of that section,commits an offence.
　　
　　(3) In proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that-
　　
　　(a) he used all due diligence to secure compliance with the direction; or
　　
　　(b) he had reasonable cause for believing that such compliance would have involved a serious risk to human life.(4) A person who commits an offence under this section is liable-
　　
　　(a) on conviction upon indictment, to a fine of $5000000;
　　
　　(b) on summary conviction, to a fine of $500000.
　　
　　(Enacted 1990)
　　
　　Cap 413 s 9 Service of directions under section 6
　　
　　(1) If the Director is satisfied that a company or other body corporate is not one to which section 338 or 356 of the Companies Ordinance (Cap 32) applies so as to authorize the service of a direction on that body under either of those sections, he may give a direction under section 6(2)-
　　
　　(a) to that body, as the owner of, or the person in possession or control of, a ship, by serving the direction on the master of the ship; or
　　
　　(b) to that body, as a salvor, by serving the direction on the person in charge of the salvage operations.(2) For the purpose of giving or serving a direction under section 6(2) to or on any person on a ship, a person acting on behalf of the Director shall have the right to go on board the ship.
　　
　　(Enacted 1990. Amended 16 of 1999 s. 7)
　　
　　Cap 413 s 10 Enforcement of fines
　　
　　Where a fine imposed in proceedings against the owner or master of a ship for an offence under this Part is not paid at the time ordered by the court or magistrate, the court or magistrate, as the case may be, shall, in addition to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress and sale of the ship and its equipment.
　　
　　(Enacted 1990)
　　
　　Cap 413 s 11 Saving of rights of action, etc.
　　
　　Subject to section 83 of the Interpretation and General Clauses Ordinance (Cap 1), nothing in this Part shall affect any restriction imposed by or under any other Ordinance or shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Ordinance.
　　
　　(Enacted 1990)
　　
　　Cap 413 s 12 Savings, amendments and repeals
　　
　　PART IV
　　
　　SAVINGS, AMENDMENTS AND REPEALS
　　
　　(1) The regulations specified in column 2 of Part I of the Schedule as amended, in the provisions set out in column 3 of that Part, to the extent and in the manner set out in column 4 of that Part-
　　
　　(a) shall, notwithstanding the repeals under subsection (3), continue in operation; and
　　
　　(b) shall be deemed for all purposes to have been made by the Secretary for Economic Services under section 3. (Amended 16 of 1999 s. 8)(2)-(3) (Omitted)
　　
　　Cap 413 SCHEDULE(Omitted)
　　
　　(Omitted)

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