Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 47

Discharge of oil into the waters of Hong Kong

(1) If any oil or mixture containing oil is discharged into the waters of Hong
Kong, then the following commit an offence-

   (a)  the person by whom the oil or mixture containing oil is so discharged
        or caused to be discharged; and

   (b)  whether or not the person referred to in paragraph (a) has been
        charged with an offence-

        (i)    if the discharge is from a local vessel, the owner and the
               coxswain of the vessel, unless the owner or coxswain, as the
               case may be, proves that the discharge took place and was
               caused as mentioned in subparagraph (ii);

        (ii)   if the discharge is from a local vessel but takes place in the
               course of a transfer of oil to or from another vessel or a
               place on land and is caused by the act or omission of any
               person in charge of any apparatus in that other vessel or that
               place, the owner and the coxswain of that other vessel or, as
               the case may be, the occupier of that place;

        (iii)  if the discharge is from a place on land, the occupier of that
               place, unless he proves that the discharge was caused by the
               act of a person who is in that place without the permission
               (express or implied) of the occupier;

        (iv)   if the discharge takes place otherwise than as mentioned in
               subparagraph (i), (ii) or (iii) and is the result of any
               operations for the exploration of the seabed and subsoil or the
               exploration of their natural resources, the person carrying on
               the operations.

(2) Reference in subsection (1) to the discharge of oil or mixture 
containing oil, or to its being discharged, from a local vessel or place 
on land includes a reference to the escape of the oil or mixture 
containing oil, or (as the case may be) to its escaping, from that vessel or
place on land.

(3) Any person who commits an offence under this section is liable on
conviction to a fine of $200000.