Chapter:	413	Title:	MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE	Gazette Number:
Section:	4	Heading:	Penalty for taking detained ship to sea	Version Date:	30/06/1997

(1) Where a ship is authorized or ordered to be detained under regulations made under this Part, and after such detention or after service on the master of any notice of or order for such detention, the ship proceeds or attempts to proceed to sea before having been released by a competent authority, the master of the ship commits an offence and is liable to a fine of $500000 and to imprisonment for 2 years; and if the owner or agent or any person who sends the ship to sea is party or privy to the offence he also commits an offence and is liable to the same punishment.
(2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship-

(a) in addition to any punishment to which they may be liable under subsection (1), both commit an offence against this subsection and are each liable to imprisonment for 6 months and to a fine of $20000 and an additional fine of $1000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer returns to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and
(b) are jointly and severally liable to pay to the Government all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong.