Contents of Section

Chapter:

313 PDFTitle:SHIPPING AND PORT CONTROL ORDINANCEGazette Number:
Section:60Heading:Powers of investigating officersVersion Date:30/06/1997

(1) Subject to subsection (3), for the purpose of any investigation by an inspector under section 39 or by an authorized officer under section 59, an inspector or authorized officer may-

        (a) require that the vessel which he has boarded or any part of it, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary to carry out the investigation;
        (b) take such measurements and photographs and make such recordings as he considers necessary;
        (c) inspect, seize and remove from the vessel any article or substance in respect of which he suspects on reasonable grounds that an offence under this Ordinance or any other enactment has been committed;
        (d) in the case of any article or substance removed under paragraph (c), detain it for so long as is necessary-
          (i) to examine it and to cause it to be subjected to any process or test;
          (ii) to ensure that it is not tampered with before the examination of it is completed;
          (iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Ordinance or any other enactment;
        (e) require any person whom he has reasonable cause to believe to be able to give any information relevant to the investigation to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector or authorized officer may allow to be present) such questions as the inspector or authorized officer thinks fit to ask and to sign a declaration of the truth of his answers;
        (f) require the production of, inspect, and take copies of any entry in, the log book of the vessel or any document which it is necessary for him to see for the purposes of the investigation.
(2) No answer given by a person in pursuance of a requirement imposed under subsection (1)(e) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings.
(3) For the purpose of an investigation under section 39, the powers of an inspector shall be limited to matters to which Part V relates or to offences under that Part.
(4) Any person who-
        (a) contravenes any requirement imposed by an inspector or authorized officer under subsection (1);
        (b) prevents any other person from appearing before an inspector or authorized officer or from answering any question to which an inspector or authorized officer may by virtue of subsection (1)(e) require an answer,
commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months.
[cf. 1974 c. 37 s. 20 U.K.]