MERCHANT SHIPPING (SECURITY OF SHIPS AND PORT FACILITIES) RULES
Gazette Number:
L.N. 130 of 2004
Section:
3
Heading:
Security instructions
Version Date:
29/06/2004
(1) Where security level 3 is set by the Director, the Director may give such security instructions as he thinks fit to¡X
(a) a Hong Kong ship;
(b) a non-Hong Kong ship in the waters of Hong Kong; or
(c) a designated port facility.
(2) Security instructions referred to in subrule (1) shall be given by such means as the Director thinks fit including¡X
(a) publishing a notice which is accessible through the Internet;
(b) making a public announcement by radio or television;
(c) placing a notice in any daily newspaper in circulation in Hong Kong; and
(d) issuing a notice to the company or the master of the ship or the management of the designated port facility.
(3) The Director may delegate his power under subrule (1) to such persons as he thinks fit.
(4) The company and the master of a ship or the management of a designated port facility to which a security instruction is given by the Director under subrule (1) shall¡X
(a) ensure that the security instruction is complied with without undue delay; and
(b) where it is impracticable to comply with paragraph (a), notify the Director of that fact without undue delay.
(5) If a security instruction given to a ship in the waters of Hong Kong has been received by the company or the master of the ship but the company or the master, without reasonable excuse, fails to comply with subrule (4), the company or the master (as the case may be) commits an offence and is liable on conviction to a fine at level 5.
(6) If a security instruction given to a designated port facility has been received by the management of the port facility but the management, without reasonable excuse, fails to comply with subrule (4), the management commits an offence and is liable on conviction to a fine of $500000 and to imprisonment for 3 years.