Hong Kong Regulations

MERCHANT SHIPPING (SEAFARERS) (SAFE MOVEMENT ON BOARD SHIP) REGULATION - SECT 12

Penalties

(1) An employer who contravenes section 4, 5, 6, 7, 8(1), 9 or 10 commits an
offence and is liable-

   (a)  on conviction upon indictment, to a fine at level 5 and to
        imprisonment for 2 years; and

   (b)  on summary conviction, to a fine at level 4.

(2) A master who contravenes section 4, 5, 6, 7, 8(1), 9 or 10 commits an
offence and is liable on conviction to a fine at level 3.

(3) An owner who contravenes section 11 commits an offence and is liable-

   (a)  on conviction upon indictment, to a fine at level 5 and to
        imprisonment for 2 years; and

   (b)  on summary conviction, to a fine at level 4.

(4) It shall be a defence for a person charged in respect of a contravention
of section 4(1) (so far as it relates to access by means of a transit area
referred to in section 5) or 5 to show that the requirements of the relevant
section were complied with so far as was reasonably practicable.

(5) It shall be a defence for a person charged in respect of a contravention
of any of the provisions of this Regulation, including a person charged by
virtue of section 13, to show that he took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence. (Enacted
1995)