Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 68

Director may give effect to directions in certain cases

(1) Where a person who is given a direction under this Ordinance fails to
comply with it, the Director may, whether or not the person is or will be
prosecuted for an offence under this Ordinance, take or cause to be taken such
action as may be necessary to give effect to the direction.

(2) Where no person to whom a direction under this Ordinance may be given
exists or can be found, the Director may take or cause to be taken such action
as he would have directed to be taken if such person existed or could be
found.

(3) In a case of emergency affecting the safety of life or property the
Director may take or cause to be taken such action as he would have directed
to be taken under this Ordinance.

(4) For the purpose of taking any action under this section in respect of any
local vessel or property, the Director may board the vessel or enter the
property without the permission of the owner of the vessel or his agent or of
the coxswain of the vessel, or the owner or occupier of the property, as the
case may be, and take with him such persons as may be necessary to assist him
for that purpose.

(5) The Director may recover the cost of any action taken or caused to be
taken under this section-

   (a)  as a civil debt from the person to whom the direction (if any) was
        given, or the owner of the vessel or property in respect of which the
        action was taken; or

   (b)  where the cost incurred in respect of a vessel cannot for any reason
        be recovered under paragraph (a) or where there is no owner of the
        vessel, by sale of the vessel and applying the proceeds in payment of
        the cost and the balance (if any), after deducting any reasonable
        expense incurred in the sale, shall be paid to the person who
        satisfies the Director that he is entitled to the balance.

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