### Shipping and Port Control Ordinance 《船舶及港口管制條例》

7. Damage, etc., to aids to navigation
(1) Any person who wilfully or negligently—
(a) removes, alters, damages, destroys, or interferes with, any aid to navigation or mooring; or
(b) makes fast to any aid to navigation,
commits an offence and is liable to a fine at level 2.
(2) If an offence under subsection (1) is committed by a person on or in respect of a vessel, then, in addition to that person, the owner and the master of the vessel commit an offence and each of them is liable to a fine at level 2.
(Amended E.R. 3 of 2021)

8. Liability for damage to port facilities, etc.
(1) Where any damage is caused by a vessel to any port facility, pier, breakwater or other property owned by the Government, the owner and the master of the vessel shall, without prejudice to the liability for an offence under this Ordinance, be jointly and severally liable for any loss arising out of the damage to the extent that such loss is attributable to any fault on the part of the vessel of to any wilful or negligent act of any person on the vessel.
(2) Such loss may be recovered by the Director as a civil debt.

9. Power to require removal of unauthorized lights and signs
The Director may direct an owner or his agent or the master of any vessel, or any person who appears to him to be the owner or occupier of a place on land, at or from which there is exhibited a light or illuminated sign which, in the opinion of the Director—
(a) obscures, restricts or interferes with, or is likely to obscure, restrict or interfere with, the functions or use of any signal station or aid to navigation;
(b) is likely to be mistaken for a light or signal proceeding from any signal station or aid to navigation; or
(c) in any way interferes with, or is likely to interfere with, the safe navigation of vessels in the waters of Hong Kong,
to remove the light or illuminated sign or to extinguish or screen it in the manner specified in the direction.

10. Application of collision regulations and use of signals of distress regulations
(1) Subject to any special provision in or under this Ordinance, the collision regulations and the use of signals of distress regulations shall apply—
(a) (Repealed 43 of 1999 s. 91)(b) to all vessels (not being ships to which the regulations apply pursuant to the provisions of the Merchant Shipping (Safety) Ordinance (Cap. 369)) while they are within the waters of Hong Kong, (Amended 43 of 1999 s. 91)
and shall, for the purpose of their application by virtue of this section, be read and construed as if references to ships

### Shipping and Port Control Ordinance 《船舶及港口管制條例》

11. Application
Sections 11A and 11B shall apply in relation to all vessels whether within or outside the waters of Hong Kong except for—
(a) (Repealed 43 of 1999 s. 91)(b) any warship or other ship for the time being used by the Chinese People’s Liberation Army or the Central People’s Government other than for commercial purposes. (Amended 2 of 2012 s. 3)
(Replaced 69 of 1993 s. 2)

11A. Notification prior to arrival of vessels
Subject to any provision in or pursuant to this Ordinance, where a vessel is expected to arrive in the waters of Hong Kong, the owner or the master of the vessel shall notify the Director of such expected arrival not less than 24 hours before the arrival of the vessel, or, if that is not practicable, as early as practicable before the arrival of the vessel.
(Added 69 of 1993 s. 2)

### Shipping and Port Control Ordinance 《船舶及港口管制條例》

11B. Refusal of permission to enter, leave, etc.
(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)

### Shipping and Port Control Ordinance 《船舶及港口管制條例》

11C. Offences
(1) If without reasonable excuse section 11A is contravened, the owner and the master of the vessel each commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year. (Amended E.R. 3 of 2021)
(2) (a) If a vessel which is refused permission under section 11B(1)(a) or which is prohibited under section 11B(2) to enter the waters of Hong Kong so enters without reasonable excuse, the owner and the master of the vessel each commits an offence and is liable to a fine of $250,000 and to imprisonment for 2 years and to an additional fine of $25,000 for each day during which the vessel in question remains in the waters of Hong Kong without reasonable excuse after so entering.
(b) If a vessel which is refused permission under section 11B(1)(a) to leave the waters of Hong Kong so leaves without reasonable excuse, the owner and the master of the vessel each commits an offence and is liable to a fine of $250,000 and to imprisonment for 2 years.
(c) If without reasonable excuse a direction under section 11B(1)(b) or (2) for the removal of a vessel from the waters of Hong Kong is not complied with, the owner and the master of the vessel each commits an offence and is liable to a fine of $250,000 and to imprisonment for 2 years and to an additional fine of $25,000 for each day during which the vessel in question remains in the waters of Hong Kong without reasonable excuse.
(Added 69 of 1993 s. 2)