Hong Kong Ordinances

SHIPPING AND PORT CONTROL ORDINANCE - SECT 77

Notice to appear before a magistrate in respect of offences

(1) Notwithstanding section 8 of the Magistrates Ordinance ( Cap  227), if an
officer of the Marine Department of the rank of Marine Inspector Class II or
above reasonably suspects that an offence under this Ordinance has been
committed by a master of a vessel such officer may serve on the master
personally or by handing the same personally to the senior officer on board
the vessel or to the person appearing to be in charge or command of the vessel
at the time of such service a notice requiring the master to appear before a
magistrate to be dealt with according to law. (Amended 46 of 1981 s. 12)

(2) A notice under subsection (1)-

   (a)  shall be in the prescribed form;

   (b)  shall be signed by the officer by whom it is served; and

   (c)  shall state-

        (i)    the name of the master upon whom it is served and the name of
               the vessel of which he is the master;

        (ii)   the offence which is alleged to have been committed with
               sufficient particulars thereof;

        (iii)  the time and place at which the offence is alleged to have been
               committed; and

        (iv)   the time and place at which the master on whom the notice is
               served is required to appear.

(3) If a master upon whom a notice under subsection (1) has been duly served
fails to appear before a magistrate at the time and place mentioned in the
notice, and it is made to appear to the magistrate by oath that the notice was
served on the master personally or was handed personally to the senior officer
or the person in charge or command of the vessel in accordance with subsection
(1), the magistrate may issue his warrant for the apprehension of the master
and to bring the master before him or another magistrate to be dealt with
according to law duly endorsed as to the amount of bail, if any, upon which
the master may be released in the meantime.

(4) If a master upon whom a notice under subsection (1) has been duly served
appears before a magistrate in accordance with the notice, or is brought
before a magistrate by a warrant issued under subsection (3), the magistrate
may hear and determine the offence alleged in the notice as if a complaint had
been made or an information had been laid against the master in respect of the
offence and for such purposes, the provisions of the Magistrates Ordinance (
Cap 227) relating to the hearing of a complaint or information and the
proceedings thereon shall apply mutatis mutandis.

(5) If a master upon whom a notice under subsection (1) has been served is
brought before a magistrate by a warrant issued under subsection

(3), the magistrate may, in addition to any other penalty, order the master to
pay costs, of not more than $400, solely in respect of the warrant.

(6) Any costs ordered to be paid under subsection (5) shall be recoverable
under section 69(2) of the Magistrates Ordinance ( Cap 227) in the same manner
as costs awarded under section 69(1) of that Ordinance.

(7) Notwithstanding anything to the contrary in the Magistrates  Ordinance (
Cap 227), a magistrate may permit a representative to appear on behalf of a
master upon whom a notice under subsection (1) has been served where such
representative satisfies the magistrate that-

   (a)  the master has left Hong Kong;

   (b)  he is authorized to enter a plea of guilty on behalf of the master;
        and

   (c)  he is himself authorized and financially able to pay any fine imposed
        within 7 days or such longer time as the magistrate may allow.