Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 40

Powers of Director and inspectors

(1) The Director and an inspector shall have power-

   (a)  at any reasonable time (or, in a situation which in the opinion of the
        Director or an inspector is or may be dangerous, at any time) to board
        any local vessel within the waters of Hong Kong which he has reason to
        believe it is necessary to board for the purposes of this Part, and
        for the purpose of boarding any such vessel which is floating
        alongside any premises at a seawall or pier, to enter such premises;

   (b)  to take with him such persons as may be necessary to assist him in the
        exercise of his powers, or performance of his duties, under this Part;

   (c)  to inspect and examine any local vessel on or to which any works are
        being carried out;

   (d)  to make such examination and inquiry as may be necessary to ascertain
        that safe working conditions obtain and that the provisions of this
        Part are complied with;

   (e)  to investigate any accident involving any works or injury to any
        person arising out of or in the course of carrying out any works;

   (f)  to require the production of any register, certificate or other
        document required to be kept in pursuance of regulations made under
        section 89 and to inspect and copy any of them or any entry in them;
        and

   (g)  to require the posting of any notice in pursuance of regulations made
        under section 89 or any notice related to works, machinery, equipment
        or appliances, or the safety of persons employed in carrying out any
        works.

(2) The owner or coxswain of, or other person having control over, a
local vessel shall furnish such safe means required by the Director or an
inspector as are necessary for the purposes of boarding, inspection,
examination, investigation, or otherwise for the exercise of his powers under
this Part.

(3) Any person who-

   (a)  without reasonable excuse fails to comply with any requirement of the
        Director or an inspector in pursuance of this section;

   (b)  without reasonable excuse fails to produce any register, certificate
        or other document which he is required in pursuance of this Part to
        produce; or

   (c)  without reasonable excuse withholds any information as to who is the
        owner or coxswain of, or person having control over, a local  vessel,
        or the owner of any machinery, equipment or appliance provided or used
        for the carrying out of any works, commits an offence and is liable on
        conviction to a fine at level 4 and to imprisonment for 6 months.
        (Amended 70 of 1999 s. 20)