Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 52

Seizure, etc. of local vessel

PART X

SEIZURE, REMOVAL AND DETENTION OF LOCAL VESSELS

(1) In this section, "specified ground" (指明理由), in relation to a
local vessel, means-

   (a)  the vessel is so situated or in such a condition that it-

        (i)    endangers the safety of persons, other vessels or property; or

        (ii)   poses a hazard to the environment;

   (b)  the vessel is not certificated or licensed or is not the subject of a
        written permission under section 66 which is in force or a permit
        referred to in section 89(2) which is in force; or

   (c)  the owner of the vessel does not comply, or no longer complies, with
        section 12(1).

(2) An authorized officer may seize and remove or cause to be removed from any
place or premises or from any part of the waters of Hong Kong any local vessel
in respect of which he has reason to believe that a specified ground is
applicable to the vessel.

(3) Subject to section 54, a vessel removed under subsection (2) may be
detained by the Director.

(4) The Director shall, as soon as practicable after detaining a vessel under
subsection (3)-

   (a)  serve a notice in the specified form in the Chinese and English
        languages on the owner of the vessel or his agent or the person who
        appears to the Director to exercise control over the vessel;

   (b)  where no such owner, agent or person can be found, or whose identity
        is not known, publish that notice in-

        (i)    the Gazette; and

        (ii)   a Chinese language newspaper and an English language newspaper
               circulating generally in Hong Kong.

(5) A detention order shall specify in relation to the local vessel the
subject of the order-

   (a)  the names (if known to the Director) of the persons whom the Director
        believes to be the owner of the vessel, his agent and the coxswain;

   (b)  the name (if known to the Director) of the person whom the Director
        believes to be the owner or otherwise entitled to the possession of
        any cargo or other things on board;

   (c)  a description of the vessel and the place at which it was seized;

   (d)  a description of the cargo and other things on board;

   (e)  the reason for the detention;

   (f)  the position where the vessel will be secured, anchored or moored
        during its detention;

   (g)  the action required to secure the release of the vessel including the
        costs of any action taken or caused to be taken by the Director under
        this section in respect of the vessel; and

   (h)  a reasonable period within which the release of the vessel may be
        effected.

(6) For the purpose of subsection (5)(g), the costs of any action taken or
caused to be taken under this section shall include all disbursements and
other expenses incurred thereby by the Director.

"specified ground" (指明理由)