Hong Kong Ordinances

MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE - SECT 24

Power to obtain information

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) The Chief Executive may, for the purpose of transmitting to the Fund a
list of the names and addresses of the persons who, under section  23 , are
liable to make contributions to the Fund for any year, and the quantity of oil
in respect of which they are so liable, by notice in writing require any
person engaged in producing, treating, distributing or transporting oil to
furnish to a person specified in the notice such information as may be
specified in the notice. (Amended 64 of 1999 s. 3)

(2) A notice under this section may require a company to give such information
as may be required to ascertain whether its liability is affected by
section 23(6).

(3) A notice under this section may specify the manner in which, and the time
within which, it is to be complied with.

(4) In legal proceedings by the Fund against any person to recover any amount
due under section 23, any particulars contained in any list transmitted by the
Chief Executive to the Fund shall, in so far as those particulars are based on
information obtained under this section, be admissible as evidence of any
relevant fact stated in the list; and in so far as particulars which are so
admissible are based on information given by the person against whom the
proceedings are brought, those particulars shall be presumed to be accurate
until the contrary is proved. (Amended 64 of 1999 s. 3)

(5) A person who discloses any information which has been furnished to or
obtained by him under this section, or in connection with the execution of
this section, unless the disclosure is made-

   (a)  with the consent of the person from whom the information was obtained;
        or

   (b)  in connection with the execution of this section; or

   (c)  for the purposes of any legal proceedings arising out of this section,
        or of any report of such proceedings, commits an offence and is liable
        to a fine of $5000.

(6) A person who-

   (a)  refuses or wilfully neglects to comply with a requirement of a notice
        under this section; or

   (b)  in purporting to comply with a requirement of a notice under this
        section makes any statement which he knows to be false in a material
        particular, or recklessly makes any statement which is false in a
        material particular, commits an offence and is liable-

        (i)    on conviction upon indictment, to imprisonment for 1 year and
               to a fine of $50000; or

        (ii)   on summary conviction, to a fine of $5000. (Enacted 1990)