Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 56

Removal, etc. of stranded, abandoned or sunken vessels

(1) The Director may give to the owner, his agent or the coxswain of, or other
person who claims or appears to the Director to exercise control over, a
local vessel which is stranded, abandoned or sunk in the waters of Hong Kong
such directions as he thinks fits in respect of the removal, movement,
anchoring, mooring, securing, raising or destruction of the vessel.

(2) If without reasonable excuse any direction given under subsection (1) is
not complied with, the person to whom the direction is given commits an
offence and is liable on conviction to a fine at level 4 and to imprisonment
for 1 year.

(3) The Director may seize and detain a vessel referred to in subsection (1)
together with any cargo and other things on board if-

   (a)  a direction given under subsection (1) is not complied with;

   (b)  after reasonable inquiry he is unable to ascertain the ownership of
        the vessel or to trace the owner of the vessel, his agent or the
        coxswain; or

   (c)  no person claims or appears to the Director to exercise control over
        the vessel.

(4) For the purposes of seizing a vessel, cargo or other things under
subsection (3), the Director may take, or cause to be taken, any action that
is necessary including the employment of pilots and the use of tugs and
equipment to remove, move, anchor, moor, secure or raise the vessel, cargo and
other things.

(5) The Director shall publish in the Gazette and in a Chinese language
newspaper and an English language newspaper circulating generally in Hong Kong
a notice of a seizure effected under subsection (3) and the notice shall
specify-

   (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 or other things on board; and

   (e)  a reasonable period within which and the place at which a claim shall
        be submitted to the Director for the release of the vessel, cargo or
        other things on board.

(6) If a valid claim to a vessel, cargo or other things seized under
subsection (3) is submitted at any time before a notice is published under
subsection (5) or within the period specified in a notice published under that
subsection, the Director shall, on payment to him of all expenses involved in
the seizure and custody of the vessel, cargo or other things, as the case may
be, release the vessel, cargo or other things to the claimant.

(7) If the release of a vessel, cargo or other things is not obtained in
pursuance of subsection (6), the Director may sell, or otherwise dispose of in
such manner as he thinks fit, the vessel, cargo or other things, as the case
may be, and in the case of sale the proceeds, after deducting all expenses
payable under subsection (6) and any reasonable expense incurred in the sale,
shall be paid to the person making a valid claim thereto within 1 year after
the date of sale or forfeited to the Government if not claimed within that
period.

(8) Without prejudice to any action which may be taken under subsections (6)
and (7), the Director may recover the cost of any action taken or caused to be
taken under this section including all disbursements and other expenses
incurred thereby by the Director as a civil debt from the owner (if known to
the Director).