Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 74

Ancillary provisions in relation to improvement notices

(1) Without prejudice to the generality of section 73(2), an
improvement notice-

   (a)  may include instructions as to repairs or alterations to be effected
        to a local vessel (whether constructed before, on or after the
        commencement of this section) the subject of the contravention or
        matter to which the notice relates if, but only if, the Director
        states in the notice that he is satisfied that the repairs or
        alterations are necessary-

        (i)    for the proper maintenance and operation of the vessel to
               ensure that it is seaworthy for the purposes for which the
               vessel is, or is to be, used; or

        (ii)   to remove or abate the effect of alterations which have been
               made to the vessel- (A) since the vessel was last surveyed
               under this Ordinance; and (B) without the Director's approval
               in writing;

   (b)  shall, where paragraph (a) is applicable, afford the person on whom
        the notice is served the choice of decommissioning the vessel as an
        alternative to effecting the repairs or alterations.

(2) Where a person on whom an improvement notice is served to which subsection
(1) applies fails to effect the repairs or alterations to, or to decommission,
the local vessel the subject of the contravention or matter to which the
notice relates, then the Director-

   (a)  may, with or without notice to the person-

        (i)    effect the repairs or alterations to the vessel; or

        (ii)   decommission the vessel until such time, if any, as the repairs
               or alterations are effected;

   (b)  shall, where paragraph (a)(ii) is applicable, prominently display on
        or near the vessel a notice, in the Chinese and English languages-

        (i)    stating that the vessel has been decommissioned by the Director
               under this Ordinance; and

        (ii)   setting out the provisions of subsection (3).

(3) No person shall without the consent in writing of the Director-

   (a)  put a local vessel into service where he knows or ought reasonably to
        know that the vessel has been decommissioned by the Director under
        this Ordinance; or

   (b)  remove or mark, or damage or destroy, a notice referred to in
        subsection (2)(b).

(4) Where under subsection (2)(a) the Director has effected any repairs or
alterations to, or the decommissioning of, a local vessel, the expenses
thereof shall-

   (a)  be borne by the person on whom the improvement notice concerned was
        served;

   (b)  be recoverable from the person as a civil debt due to the Government.

(5) Any person who contravenes subsection (3)(a) commits an offence and is
liable on conviction to a fine at level 4 and to imprisonment for 6 months
and, in the case of a continuing offence, to a daily penalty of $2000.

(6) Any person who contravenes subsection (3)(b) commits an offence and is
liable on conviction to a fine at level 2.