Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 73

Improvement notices

(1) Where the Director is of the opinion that a person-

   (a)  is contravening a requirement under this Ordinance; or

   (b)  has contravened such a requirement in circumstances that make it
        likely that the contravention will continue or be repeated, he may
        serve on him a notice stating that he is of that opinion, specifying
        the requirement as to which he is of that opinion, giving particulars
        of the reasons why he is of that opinion, and directing that person to
        remedy the contravention or, as the case may be, the matters
        occasioning it within such period (ending not earlier than the period
        within which an appeal against that direction may be made under
        section  87 ) as is specified in that notice.

(2) An improvement notice may include instructions as to the measures to be
taken to remedy any contravention or matter to which such notice relates, and
any such instructions may be framed-

   (a)  to any extent by reference to any code of practice approved under
        section 8; and

   (b)  so as to afford the person on whom the notice is served a choice
        between different ways of remedying such contravention or matter.

(3) Subject to subsection (4), a direction specified in an improvement notice
shall take effect immediately or on such later date, if any, as is specified
in such notice, notwithstanding that an appeal has been or may be made under
section 87 against such direction.

(4) Where-

   (a)  an appeal is made under section 87 against a direction specified in an
        improvement notice; and

   (b)  the Director is satisfied that the matter to which such direction
        relates is not an imminent danger to any person or property, the
        Director shall suspend that part of such notice which contains such
        direction upon such terms as he thinks fit and, for that purpose, the
        Director shall have such powers as are necessary to give effect to
        that suspension.