Statutory authority of masters of ships to possess, supply and procure dangerous drugs
Adaptation amendments retroactively made - see 23 of 1998 s. 2
(1) (a) The master of a ship which does not carry on board as part of her complement a registered medical practitioner, is hereby authorized-
(i) so far as may be necessary for the purpose of compliance with the Merchant Shipping (Seafarers) Ordinance (Cap 478), to be in possession of dangerous drugs; and
(ii) subject to any conditions and instructions which may be applicable thereto, to supply those dangerous drugs to members of the crew.
(b) Where a dangerous drug is supplied to a member of the crew of a ship-
(i) an entry in the official log book; or
(ii) in the case of a ship which is not required under the Merchant Shipping (Seafarers) Ordinance (Cap 478) to carry an official log book, a report signed by the master of the ship,
shall notwithstanding anything in this Ordinance be a sufficient record of the supply, if the entry or report specifies the dangerous drug supplied and, in the case of such a report, it is delivered as soon as practicable to the superintendent of a mercantile marine office.
(c) Every dangerous drug in the possession of the master of a ship by virtue of this section shall, except where the necessity of supplying it to a member of the crew otherwise requires, be kept in a locked receptacle, which can be opened only by the master or by an officer authorized by the master.
(d) In this section-
"mercantile marine office" (商船海員管理處) means a mercantile marine office established and maintained under the Merchant Shipping Acts# or the Office within the meaning of the Merchant Shipping (Seafarers) Ordinance (Cap 478);
"official log book" (正式航海日誌) means the official log book required to be kept under the Merchant Shipping (Seafarers) Ordinance (Cap 478). (Amended 44 of 1995 s. 143)
(2) (a) Where a ship which is registered or licensed outside Hong Kong is in Hong Kong, the master of the ship is hereby authorized to procure such quantity of dangerous drugs as may be certified by a public officer appointed for the purposes of this subsection by the Director to be necessary for the equipment of the ship until it reaches its home port. (Amended 23 of 1998 s. 2)
(b) A person who supplies a dangerous drug in accordance with a certificate given under paragraph (a) shall retain the certificate and mark it with the date on which the dangerous drug was supplied and keep it on his premises so as to be at all times available for inspection.
(3) Any person who contravenes subsection (1)(c) or (2)(b) shall be guilty of an offence and shall be liable on conviction to a fine of $5000.
[cf. S.I. 1964/1811 reg. 13(1) & (2) U.K.]
________________________________________________________________________ Note: # Please also see following-
(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.