Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 48

Defences under section 47

(1) Where a person is charged with an offence under section 47 as the owner or
coxswain of a local vessel it shall be a defence to prove that the oil or
mixture containing oil was discharged for the purpose of-

   (a)  securing the safety of the vessel;

   (b)  preventing damage to the vessel or its cargo; or

   (c)  saving life, unless the court is satisfied that the discharge of the
        oil or mixture  containing oil was not a reasonable step to take in
        the circumstances.

(2) Where a person is charged as mentioned in subsection (1) it shall also be
a defence to prove-

   (a)  that the oil or mixture containing oil escaped in consequence of
        damage to the local vessel and that as soon as practicable after the
        damage occurred all reasonable steps were taken for preventing, or (if
        it could not be prevented) for stopping or reducing, the escape of the
        oil or mixture containing oil; or

   (b)  that the oil or mixture containing oil escaped by reason of leakage,
        that neither the leakage nor any delay in discovering it was due to
        want of reasonable care, and that as soon as practicable after the
        escape was discovered all reasonable steps were taken for stopping or
        reducing it.