Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 60

Powers of authorized officers

PART XII

POWERS OF AUTHORIZED OFFICERS AND INVESTIGATING OFFICERS

(1) Without prejudice to any other provisions of this Ordinance, an
authorized officer may, at any time of day or night, stop and board any
local vessel for the purpose of-

   (a)  inspecting or searching the vessel or any part thereof;

   (b)  investigating any occurrence specified in section 57(1), whether or
        not such occurrence has been reported to the Director under that
        section;

   (c)  making such examination and investigation as may be necessary where
        any provisions of this Ordinance has been contravened in respect of
        the vessel or by any person on board the vessel, or where an
        authorized  officer has reasonable grounds for suspecting that such
        contravention has taken place;

   (d)  directing the conduct of any other authorized officer who may be on
        board the vessel;

   (e)  observing, inspecting or searching any person-

        (i)    for the time being on board the vessel;

        (ii)   employed, engaged or dwelling on board the vessel; or

        (iii)  employed or engaged in loading or unloading the vessel; or

   (f)  taking any action which he considers necessary-

        (i)    to provide against fire or accident on board the vessel;

        (ii)   to preserve peace and good order on board the vessel; or

        (iii)  to prevent or detect any offence under this Ordinance or any
               other enactment in respect of the vessel or by any person on
               board the vessel.

(2) Any police officer of or above the rank of Sergeant may-

   (a)  take into custody and remove from any local vessel in the waters of
        Hong Kong any person whom he suspects on reasonable grounds of-

        (i)    having committed an offence under this Ordinance or any other
               enactment; or

        (ii)   having boarded, or remained on board, the vessel without the
               permission of the owner of the vessel, his agent or the
               coxswain of the vessel; or

   (b)  direct a local vessel, in respect of which he suspects on reasonable
        grounds that an offence under this Ordinance or any other enactment
        has been committed, to proceed together with any persons on board to
        the nearest Marine Police Base or Marine Office.

(3) An authorized officer boarding a local vessel under subsection

(1) may take with him such persons as may be necessary to assist him for the
purposes of this section.

(4) The coxswain of a local vessel, when required to stop the vessel by an
authorized officer in the exercise of his powers under subsection (1), shall
stop the vessel and permit the authorized officer to board the vessel.

(5) Any coxswain who without reasonable excuse-

   (a)  fails to comply with a direction given under subsection (2)(b); or

   (b)  contravenes subsection (4), commits an offence and is liable on
        conviction to a fine at level 2.