Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 37

Penalties

(1) If any ship fails to comply with any requirement of these Regulations
(other than regulation 12, 13 or 16) the owner and the master of the ship each
commits an offence and is liable-

   (a)  on conviction upon indictment, to a fine of $100000;

   (b)  on summary conviction, to a fine of $10000.

(2) If any ship fails to comply with any requirement of regulation 12, 13 or
16, the owner and the master each commits an offence and is liable-

   (a)  on conviction upon indictment, to a fine of $5000000;

   (b)  on summary conviction, to a fine of $500000.

(3) It shall be a defence for a person charged under this regulation to show
that he took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.

(4) Where an offence under this regulation is committed, or would, save for
the operation of paragraph (3), have been committed, by the owner and master
due to the act or omission of some other person, that other person shall be
guilty of the offence, and a person may be charged with and convicted of an
offence by virtue of this paragraph whether or not proceedings are taken
against the owner and master. (L.N. 177 of 1991)

(37 of 1990 s. 12; L.N. 641 of 1994)