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Chapter:

313 PDFTitle:SHIPPING AND PORT CONTROL ORDINANCEGazette Number:64 of 1999
Section:11BHeading:Refusal of permission to enter, leave, etc.Version Date:01/07/1997
Remarks:

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) Notwithstanding any other provision in this Ordinance, the Director may, if he is satisfied that there is reason for doing so, give directions-

        (a) refusing permission for a vessel or class, type or description of vessel to enter or leave the waters of Hong Kong; or
        (b) requiring the removal of a vessel or class, type or description of vessel from the waters of Hong Kong.
(2) Without limiting the generality of subsection (1) and without prejudice to any of the Director's powers under this Ordinance, the Director may give directions prohibiting the entry of a vessel into, or requiring the removal of a vessel from, the waters of Hong Kong if in his opinion the condition of that vessel or the nature or condition of anything it contains is such that its presence in the waters of Hong Kong may involve-
        (a) grave and imminent danger to the safety of any person or property; or
        (b) grave and imminent risk that the vessel may, by sinking, foundering or otherwise, prevent or seriously prejudice the use of any part of the waters of Hong Kong by other vessels.
(3) Any directions under subsection (1) or (2) may be given as respects the vessel in question to the owner or the master of the vessel.
(4) At any time any directions under subsection (1) or (2) are given to any person, the Director shall inform that person of the grounds for giving such directions.
(5) If any directions of the Director under subsection (2) were not reasonably necessary to prevent or reduce the danger or risk provided therein, a person incurring expense or suffering damage as a result of any action taken in compliance with the Director's directions shall be entitled to claim and recover compensation from the Government.
(6) Nothing in this section shall affect the exercise by the Director of any of the powers conferred on him by section 6 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap 413). (Amended 64 of 1999 s. 3)
(Added 69 of 1993 s. 2)