Hong Kong Regulations

MERCHANT SHIPPING (SEAFARERS) (PROVISIONS AND WATER) REGULATION - SECT 9

Inspection and detention of ships which are not Hong Kong ships

(1) The Authority, or a person authorized by him for the purposes of this
section, may inspect a ship for the purpose of ascertaining whether, if that
ship were a Hong Kong ship, it complies with the requirements of section 5(1).

(2) Where the Authority or a person referred to in subsection (1) has carried
out an inspection of a ship pursuant to that subsection and is not satisfied
that the ship, if it were a Hong Kong ship, complies with the requirements of
section 5(1), then-

   (a)  the Authority or that person, as the case may be, may send a report to
        that effect to the government of the country in which the ship is
        registered, and a copy of the report to the Director-General of the
        International Labour Office established by the International Labour
        Organization; and

   (b)  where, in the opinion of the Authority or that person, as the case may
        be, the ship does not comply with those requirements to such an extent
        that conditions on board the ship are clearly hazardous to the safety
        or health of seafarers employed in the ship, the Authority or that
        person, as the case may be, may detain the ship until measures are
        taken to rectify those conditions, for which purpose the Authority or
        that person, as the case may be, may take those measures.

(3) Where the Authority or a person referred to in subsection (1) exercises
any of his powers under subsection (2) in respect of a ship, he shall notify
that he has done so to the nearest maritime, consular or diplomatic
representative of the country in which the ship is registered.

(4) The Authority or a person referred to in subsection (1) shall not in the
exercise of his powers under this section unreasonably delay or detain a ship.
(Enacted 1995)