Hong Kong Regulations

SHIPPING AND PORT CONTROL (TYPHOON SHELTERS) REGULATIONS - REGULATION 10

Power to remove vessels unlawfully in typhoon shelters

Caution: This is a past version. See the current version here.

(1) If any vessel-

   (a)  enters or remains in a typhoon shelter in contravention of regulation
        5; or (L.N. 254 of 1994)

   (b)  (Repealed L.N. 254 of 1994)

   (c)  in contravention of a direction given by the Director, enters or
        remains in a typhoon shelter or is not removed from a typhoon shelter
        or is not moved from the position in which it is lying in a typhoon
        shelter, the Director may, subject to paragraphs (2) and (3), take
        possession of the vessel and remove it from the typhoon shelter or
        move it from the position in which it is lying.

(2) Subject to paragraph (3), the Director shall give to the owner or master
of a vessel not less than 14 days' notice in writing of any proposed exercise
of his powers under paragraph (1).

(3) The Director may exercise his power under paragraph (1)-

   (a)  at any time after notice under paragraph (2) is given, if a strong
        monsoon signal or tropical cyclone warning signal is hoisted at the
        Port Communications Centre; or

   (b)  without giving notice, if the owner or master of the vessel cannot be
        found or the vessel is, in the opinion of the Director, abandoned.

(4) If any person on board a vessel obstructs the Director in the exercise of
his powers under paragraph (1), such person may be evicted from the vessel by
the Director.

(5) The Director may use such force as may be necessary for the exercise of
his powers under paragraph (1) or for the purposes of paragraph (4).