Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 64

Refusal of permission to enter, leave, etc.

(1) Notwithstanding any other provisions in this Ordinance, the Director may,
if he is satisfied that there is reason for doing so, give directions-

   (a)  refusing permission for a local vessel or class, type or description
        of local vessel to enter or leave the waters of Hong Kong; or

   (b)  requiring the removal of a local vessel or class, type or description
        of local vessel from the waters of Hong Kong.

(2) Without limiting the generality of subsection (1) and without prejudice to
any of the Director's powers under this Ordinance, the Director may give
directions prohibiting the entry of a local vessel into, or requiring the
removal of a local vessel from, the waters of Hong Kong if in his opinion the
condition of that vessel or the nature or condition of anything it contains is
such that its presence in the waters of Hong Kong may involve-

   (a)  grave and imminent danger to the safety of any person or property; or

   (b)  grave and imminent risk that the vessel may, by sinking, foundering or
        otherwise, prevent or seriously prejudice the use of any part of the
        waters of Hong Kong by other vessels.

(3) Any directions under subsection (1) or (2) may be given as respects the
vessel in question to the owner or the coxswain of the vessel.

(4) At any time any directions under subsection (1) or (2) are given to any
person, the Director shall inform that person of the grounds for giving such
directions.

(5) If any directions of the Director under subsection (2) were not reasonably
necessary to prevent or reduce the danger or risk provided therein, a person
incurring expense or suffering damage as a result of any action taken in
compliance with the Director's directions shall be entitled to claim and
recover compensation from the Government.

(6) Nothing in this section shall affect the exercise of any powers under
section 6 of the Merchant Shipping (Prevention and Control of 
Pollution) Ordinance ( Cap 413).

(7) If a local vessel which is refused permission under subsection

(1)(a) or which is prohibited under subsection (2) to enter the waters of Hong
Kong so enters without reasonable excuse, the owner of the vessel, his agent
and the coxswain of the vessel each commits an offence and is liable on
conviction to a fine of $250000 and to imprisonment for 2 years and to an
additional fine of $25000 for each day during which the vessel remains in the
waters of Hong Kong without reasonable excuse after so entering.

(8) If a local vessel which is refused permission under subsection

(1)(a) to leave the waters of Hong Kong so leaves without reasonable excuse,
the owner of the vessel, his agent and the coxswain of the vessel each commits
an offence and is liable on conviction to a fine of $250000 and to
imprisonment for 2 years.

(9) If without reasonable excuse a direction under subsection

(1)(b) or (2) for the removal of a local vessel from the waters of Hong Kong
is not complied with, the owner of the vessel, his agent and the coxswain of
the vessel each commits an offence and is liable on conviction to a fine of
$250000 and to imprisonment for 2 years and to an additional fine of $25000
for each day during which the vessel remains in the waters of Hong Kong
without reasonable excuse.