Hong Kong Ordinances

MERCHANT SHIPPING ORDINANCE - SECT 114

Regulations. General powers

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(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   (e)  (Repealed 43 of 1999 s. 91)

   (f)  anything required or permitted to be prescribed by this Ordinance; or
        (Added 61 of 1989 s. 12)

   (g)  generally for the better and more effectual carrying out of the
        provisions of this Ordinance. (Added 61 of 1989 s. 12)

(2) Any regulations made under this Ordinance may prescribe offences in
respect of contraventions of those regulations, and may provide for the
imposition in respect of any such offence of a fine not exceeding $50000 and
of imprisonment for a period not exceeding 2 years. (Replaced 73 of 1974 s.
12)

(3) Any regulations made under this Ordinance may-

   (a)  make different provisions for different circumstances and provide for
        a particular case or class of cases;

   (b)  be made so as to apply only in such circumstances as are prescribed by
        the regulations;

   (c)  provide in respect of any provision thereof that the Director of
        Marine may amend that provision by notice in the Gazette; and

   (d)  provide that in such cases as are prescribed by the regulations a ship
        shall be liable to be detained or delayed by such person as may be
        prescribed by the regulations. (Added 30 of 1984 s. 5)

(4) Any fees prescribed under this Ordinance- (Amended 43 of 1999 s. 91)

   (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
        ports, vessels 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 vessel, whether
        measured by tonnage, length or otherwise, or in relation to different
        classes, types or descriptions of service, facility, licence or
        vessel. (Added 25 of 1986 s. 3)