Hong Kong Regulations

SHIPPING AND PORT CONTROL REGULATIONS - REGULATION 60

Removal, etc. of logs and other objects

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) The Director may give such directions as he thinks fit in respect of the
removal, movement or securing of-

   (a)  a log or other timber which is stranded, floating or submerged in the
        waters of Hong Kong, other than in a timber storage pound;

   (b)  any other object which is stranded, floating or submerged in the
        waters of Hong Kong and which is a hazard to navigation.

(2) A direction under paragraph (1) may be given to the owner or other person
who claims that he is entitled to the possession of the log or other timber or
object.

(3) If any direction given under paragraph (1) is not complied with by the
person to whom the direction is given, he commits an offence and is liable to
a fine of $5000 and to imprisonment for 6 months.

(4) The Director may seize and detain a log or other timber or object referred
to in paragraph (1) if-

   (a)  a direction given under paragraph (1) is not complied with; or

   (b)  after reasonable inquiry he is unable to ascertain the name and
        address of, or after reasonable attempts fails to contact, the owner
        or other person entitled to the possession of the log or other timber
        or object.

(5) For the purposes of seizing a log or other timber or object under
paragraph (4), the Director may take any action that is necessary to remove,
move or secure the log or other timber or object.

(6) The Director shall publish in the Gazette and in one English language and
one Chinese language newspaper circulating in Hong Kong a notice of a seizure
effected under paragraph (4) and the notice shall specify-

   (a)  the name (if known to the Director) of the person whom the Director
        believes to be the owner or otherwise entitled to the possession of
        the log or other timber or object;

   (b)  a description of the log or other timber or object and the place at
        which it was seized;

   (c)  a reasonable period within which and the place at which a claim shall
        be submitted for the release of the log or other timber or object.

(7) If a valid claim to a log or other timber or object seized under paragraph
(4) is submitted at any time before a notice is published under paragraph (6)
or within the period specified in a notice published under that paragraph, the
Director shall, on payment to him of all expenses involved in the seizure and
custody thereof, release the log or other timber or object to the claimant.

(8) If the release of a log or other timber or object is not obtained in
pursuance of paragraph (7), the Director may sell, or otherwise dispose of in
such other manner as he thinks fit, the log or other timber or object, as the
case may be, and in the case of sale the proceeds, after deducting all
expenses payable under paragraph (7) and any reasonable expense incurred in
the sale, shall be paid to the person making a valid claim thereto within 6
months after the date of sale or forfeited to the Government if not claimed
within that period. (64 of 1999 s. 3)