Contents of Section

Chapter:

313 PDFTitle:SHIPPING AND PORT CONTROL ORDINANCEGazette Number:L.N. 282 of 2006
Section:59Heading:Powers of authorized officersVersion Date:02/01/2007

(1) Without prejudice to any other provision of this Ordinance, an authorized officer may, at any time of day or night, stop and board any vessel in the waters of Hong Kong, other than a warship, for the purpose of-

        (a) inspecting or searching the vessel or any part thereof;
        (b) investigating any occurrence specified in section 67(1), whether or not such occurrence has been reported to the Director under that section;
        (c) making such examination and investigation as may be necessary where any provision of this Ordinance or any other enactment has been contravened in respect of the vessel or by any person on board the vessel, or where an authorized officer has reasonable grounds for suspecting that such contravention has taken place;
        (d) directing the conduct of any other authorized officer who may be on board the vessel;
        (e) observing, inspecting or searching any person-
          (i) for the time being on board the vessel;
          (ii) employed, engaged or dwelling on board the vessel; or
          (iii) employed or engaged in loading or unloading the vessel; or
        (f) taking any action which he considers necessary-
          (i) to provide against fire or accident on board the vessel;
          (ii) to preserve peace and good order on board the vessel; or
          (iii) to prevent or detect any offence under this Ordinance or any other enactment in respect of the vessel or by any person on board the vessel.
(2) Any police officer of or above the rank of Sergeant may- (Amended 60 of 1979 s. 3)
        (a) take into custody and remove from any vessel in the waters of Hong Kong, other than a warship, any person who he suspects on reasonable grounds of-
          (i) having committed an offence under this Ordinance or any other enactment; or
          (ii) having boarded, or remained on board, the vessel without the permission of the owner or his agent or of the master of the vessel; or
        (b) (Repealed 43 of 1999 s. 91)
(3) An authorized officer boarding a vessel under subsection (1) may take with him such persons as may be necessary to assist him for the purposes of this section.
(4) The master of a vessel, when required to stop the vessel by an authorized officer in the exercise of his powers under subsection (1), shall stop the vessel and permit the authorized officer to board the vessel.
(5) Any master who without reasonable excuse-
        (a) fails to comply with a direction given under subsection (2)(b); or
        (b) contravenes subsection (4),
commits an offence and is liable to a fine of $5000.