Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 36

Power to deny entry or detain

(Past version on 01/07/2002).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) If the Director has reason to believe that a ship does not comply with the
requirements of these Regulations, he shall immediately report the matter to
the Secretary for Transport and Housing and, if the Secretary is satisfied
that the ship represents an unreasonable threat of harm to the marine
environment, the Director may deny the entry of such ship to the waters of
Hong Kong. (L.N. 106 of 2002; L.N. 130 of 2007)

(2) The Director may, if he has reason to believe that a contravention of
these Regulations has occurred in respect of a ship, detain the ship and, in
the circumstances prescribed in regulation 9(1) and (6), shall detain the
ship. (37 of 1990 s. 12)

(3) Where in the case of a ship other than a Hong Kong ship the Director
denies a ship entry pursuant to paragraph (1) or detains her pursuant to
paragraph (2) of this regulation he shall immediately inform the consul or
diplomatic representative of the State whose flag the ship is entitled to fly
or the appropriate maritime authorities of that State. (L.N. 641 of 1994)