Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 67

Offence in respect of dangerously unsafe ship

(Past version on 30/06/1997).

PART V

UNSAFE SHIPS AND DETENTION

(1) If-

   (a)  a ship in Hong Kong; or

   (b)  a ship registered in Hong Kong which is in any other port, is, having
        regard to the nature of the service for which the ship is intended,
        unfit by reason of the condition of the ship's hull, equipment or
        machinery or by reason of undermanning or by reason of overloading or
        improper loading to go to sea without serious danger to human life,
        then, subject to subsection (2), the master and the owner shall each
        commit an offence and be liable to a fine of $500000 and to
        imprisonment for 2 years.

(2) It shall be a defence in proceedings for an offence under subsection (1)
to prove that at the time of the alleged offence-

   (a)  arrangements had been made which were appropriate to ensure that
        before the ship went to sea it was made fit to do so without serious
        danger to human life by reason of the matters set out in subsection
        (1) which are specified in the charge; or

   (b)  it was reasonable not to have made such arrangements.

(3) A prosecution under this section may only be commenced by or with the
consent of the Secretary for Justice. (Amended L.N. 362 of 1997 )