Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 61

Powers of investigating officers

(1) Subject to subsection (3), for the purpose of any investigation by an
inspector under section 40 or by an authorized officer under section  60 , an
inspector or authorized officer may-

   (a)  require that a local vessel which he has boarded or any part of it, or
        anything therein, shall be left undisturbed (whether generally or in
        particular respects) for so long as is necessary to carry out the
        investigation;

   (b)  take such measurements and photographs and make such recordings as he
        considers necessary;

   (c)  inspect, seize and remove from the vessel any article or substance in
        respect of which he suspects on reasonable grounds that an offence
        under this Ordinance has been committed;

   (d)  in the case of any article or substance removed under paragraph

   (c)  , detain it for so long as is necessary-

        (i)    to examine it and to cause it to be subjected to any process or
               test;

        (ii)   to ensure that it is not tampered with before the examination
               of it is completed;

        (iii)  to ensure that it is available for use as evidence in any
               proceedings for an offence under this Ordinance;

   (e)  require any person whom he has reasonable cause to believe to be able
        to give any information relevant to the investigation to answer

(in the absence of persons other than a person nominated by him to be present
and any persons whom the inspector or authorized officer may allow to be
present) such questions as the inspector or authorized officer thinks fit to
ask and to sign a declaration of the truth of his answers;

   (f)  require the production of, inspect, and take copies of any entry in,
        the log book of the vessel or any document (including an
        identity card) which it is necessary for him to see for the purposes
        of the investigation.

(2) No answer given by a person in pursuance of a requirement imposed under
subsection (1)(e) shall be admissible in evidence against that person or the
spouse of that person in any proceedings.

(3) For the purpose of an investigation under section 40, the powers of an
inspector shall be limited to matters to which Part VIII relates or to
offences under that Part.

(4) Any person who-

   (a)  contravenes any requirement imposed by an inspector or
        authorized officer under subsection (1); or

   (b)  prevents any other person from appearing before an inspector or
        authorized officer or from answering any question to which an
        inspector or authorized officer may by virtue of subsection (1)(e)
        require an answer, commits an offence and is liable on conviction to a
        fine at level 2 and to imprisonment for 6 months.