Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF POLLUTION BY GARBAGE) REGULATION - SECT 8

Defences

(1) It shall be a defence to any charge under this Regulation to prove that
the disposal was necessary for the purpose of securing the safety of the ship
or those on board, or of saving life at sea, or that the escape of garbage
resulted from damage to the ship or its equipment and that all reasonable
precautions were taken before and after the damage occurred to prevent or
minimize the escape.

(2) It shall be a defence to a charge under section 3(1) or 4(1) of disposal
into the sea of synthetic fishing nets or of synthetic material incidental to
the repair of such nets to prove that the disposal was an accidental loss and
that all reasonable precautions were taken to prevent the loss.

(3) It shall be a defence for a person charged with an offence under section 7
to show that he took all reasonable steps and exercised all due diligence to
ensure that this Regulation was complied with. (Enacted 1995)