Hong Kong Ordinances

DUMPING AT SEA ORDINANCE - SECT 15

Powers of authorized officers

(Past version on 30/06/1997).

Amendments retroactively made - see 23 of 1998 s. 2

PART VI

POWERS OF AUTHORIZED OFFICERS

(1) The Authority may limit the powers of an authorized officer in the
instrument appointing the authorized officer.

(2) An authorized officer may enter-

   (a)  land and vehicles in Hong Kong;

   (b)  aircrafts, vessels and other marine structures, other than Hong 
        Kong aircrafts, Hong Kong vessels and other
        Hong Kong marine structures, where they are in Hong Kong or the waters
        of Hong Kong; (Amended 23 of 1998 s. 2)

   (c)  Hong Kong aircraft, Hong Kong vessels and other Hong Kong 
        marine structures, wherever they are, if he-

        (i)    has reason to believe that substances or articles to be dumped
               in the sea or under the sea-bed or incinerated on a vessel or
               marine  structure at sea are or have been present there; or

        (ii)   is giving or enforcing a marine pollution abatement notice.

(3) An authorized officer may board-

   (a)  a vessel within the waters of Hong Kong; and

   (b)  a Hong Kong vessel wherever it is, if he has reason to believe that
        the vessel is to be scuttled.

(4) An authorized officer may require a person-

   (a)  to give details of substances or articles on board an aircraft, vessel
        or marine structure; and

   (b)  to give information concerning substances or articles lost or dumped
        from an aircraft, vessel or marine structure.

(5) An authorized officer may require-

   (a)  an aircraft, vessel or marine structure-

        (i)    to stop or land; or

        (ii)   to move to a place as the authorized officer directs for
               further inspection; and

   (b)  the attendance as the authorized officer directs-

        (i)    of the master of a vessel or the commander of an aircraft;

        (ii)   of the person in charge of a marine structure; and

        (iii)  of any other person who is on board an aircraft, vessel or
               marine structure, and may require a person on board to assist
               the authorized officer to carry out his functions.

(6) An authorized officer may detain an aircraft, vessel or marine  structure
in Hong Kong if he has reason to believe that the aircraft, vessel or
marine structure is to be used to dump, or to assist in dumping, substances or
articles in the sea or under the sea-bed without a permit for so long as it is
necessary to discover-

   (a)  the intention of the commander, master or person in charge;

   (b)  whether an offence has been committed; and

   (c)  to prevent a dumping, scuttling or incineration operation without a
        permit.

(7) An authorized officer who enters a place or enters, stops or detains an
aircraft, vessel or vehicle may require a person found there to give his name
and address and to produce evidence of his identity. (Enacted 1995)