Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 39

Director may refuse clearance of ship carrying excess passengers

(1) The master of every ship shall, on application to the Director for a port
clearance, state the number of passengers he proposes to carry on the voyage;
and if such number is in excess of the number allowed by the
passenger certificate or exceeds 12 in the case of a ship which is not
provided with a passenger certificate, the Director may refuse clearance.

(2) Any master of a ship who-

   (a)  in an application under subsection (1) for a port clearance
        intentionally misrepresents the number of passengers proposed to be
        carried; or

   (b)  leaves or attempts to leave any port in Hong Kong without a clearance,
        commits an offence and is liable to a fine of $20000 and to
        imprisonment for 6 months.

(3) The master of any ship who, after having obtained a port clearance, leaves
or attempts to leave the waters of Hong Kong with any number of passengers
greater than that allowed by the clearance commits an offence and is liable to
imprisonment for 6 months and to a fine of $10000 and an additional fine of
$5000 in respect of each passenger in excess of the number permitted by the
clearance.

(4) Whenever the master of a ship is guilty of an offence under subsection
(3), the owner and agent (if any) of the ship shall each be guilty of the same
offence and shall each be liable to the same penalty as is prescribed for that
offence, unless he proves that-

   (a)  the passengers involved in the offence were shipped without his
        knowledge or consent; and

   (b)  he derived no profit, benefit or advantage from the shipping of the
        passengers.

(5) The Director may refuse a clearance to any ship carrying more than 12
passengers, except on the production of the passenger certificate, being a
certificate in force and applicable to the voyage on which the ship is about
to proceed; and he may detain such ship until such certificate is produced.

(6) The Director may by order prohibit the conveyance of deck passengers by
any ship.