Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 45A

Code of practice

(1) For the purpose of providing practical guidance in respect of any one or
more of the requirements of this Part or of regulations made under this
Ordinance, the Director may issue such codes of practice

(whether prepared by the Director or not) as the Director considers
appropriate.

(2) The Director may amend or revoke a code of practice issued by him under
subsection (1).

(3) Where the Director exercises a power under subsection (1) or

(2), he shall as soon as may be reasonably practicable publish notice thereof
in the Gazette and the notice shall be in such form as the Director considers
appropriate.

(4) A failure by any person to observe a provision of an approved  code shall
not of itself cause him to incur any criminal liability, but where-

   (a)  in any criminal proceedings the defendant is alleged to have committed
        an offence either-

        (i)    by reason of a contravention of or a failure to comply with,
               whether by act or omission, this Ordinance or regulations under
               this Ordinance; or

        (ii)   by reason of a failure to discharge or perform a duty imposed
               by this Ordinance or such regulations; and

   (b)  the matter to which the alleged contravention or failure relates is
        one to which, in the opinion of the court, an approved code relates,
        then subsection (5) shall apply as regards to the proceedings.

(5) In any criminal proceedings to which this subsection applies, the
following, namely-

   (a)  compliance with a provision of an approved code found by the court to
        be relevant to a matter to which a contravention or failure alleged in
        the proceedings relates;

   (b)  a contravention of or a failure to comply with, whether by act or
        omission, any such provision so found, may be relied on by any party
        to the proceedings as tending to establish or to negative any
        liability which is in question in the proceedings.

(6) In any criminal proceedings, any document which purports to be a copy of a
particular approved code shall, in the absence of evidence to the contrary, be
regarded by the court as being a true copy of that code. (Added 70 of 1999 s.
26)