### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

48. Defences under section 47
(1) Where a person is charged with an offence under section 47 as the owner or coxswain of a local vessel it shall be a defence to prove that the oil or mixture containing oil was discharged for the purpose of—
(a) securing the safety of the vessel;
(b) preventing damage to the vessel or its cargo; or
(c) saving life,
unless the court is satisfied that the discharge of the oil or mixture containing oil was not a reasonable step to take in the circumstances.
(2) Where a person is charged as mentioned in subsection (1) it shall also be a defence to prove—
(a) that the oil or mixture containing oil escaped in consequence of damage to the local vessel and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing, or (if it could not be prevented) for stopping or reducing, the escape of the oil or mixture containing oil; or
(b) that the oil or mixture containing oil escaped by reason of leakage, that neither the leakage nor any delay in discovering it was due to want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it.

49. Duty to report discharge of oil into Hong Kong waters
(1) If any oil or mixture containing oil—
(a) is discharged from a local vessel into the waters of Hong Kong;
(b) is found to be escaping or to have escaped from a local vessel into any such waters; or
(c) is found to be escaping or to have escaped into any such waters from a place on land,
the owner or coxswain of the vessel, or the occupier of the place on land, as the case may be, shall forthwith report the occurrence to the Director.
(2) A report made under subsection (1) by the owner or coxswain of the local vessel shall state whether the occurrence falls within paragraph (a) or (b) of that subsection.
(3) Any person who fails to make a report as required by this section commits an offence and is liable on conviction to a fine at level 2.

50. Discharges under the Water Pollution Control Ordinance
No offence under section 47 is committed by, and no obligation arises under section 49 on the part of, any person who makes a discharge or deposit of oil or a mixture containing oil under and in accordance with a licence for the purposes of the Water Pollution Control Ordinance (Cap. 358).

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

51. Emission of dark smoke from local vessel
(Amended 13 of 2014 s. 6)(1) Subject to subsection (2), no local vessel in the waters of Hong Kong shall emit dark smoke for 3 minutes or more continuously at any one time. (Amended 13 of 2014 s. 6)
(2) Subsection (1) shall not apply to the emission of dark smoke in circumstances affecting the safety of life or of the vessel. (Amended 13 of 2014 s. 6)
(3) If subsection (1) is contravened, the owner of the local vessel, his agent and the coxswain of the vessel each commits an offence. (Amended 13 of 2014 s. 6)
(4) Each person who commits an offence under subsection (3) is liable—
(a) if the person has never committed the offence in relation to the vessel, to a fine at level 3; or
(b) if the person has previously committed the offence in relation to the vessel, to a fine at level 4. (Added 13 of 2014 s. 6)

51A. Inspection of local vessel emitting dark smoke
(1) If an authorized officer has reasonable grounds for suspecting that section 51(1) has been contravened in relation to a local vessel, the officer may direct the owner or coxswain of the vessel, or the owner’s agent, to deliver the vessel, within the time and at the place specified in the direction, to the Director for ascertaining whether dark smoke emits from the vessel.
(2) A person who without reasonable excuse fails to comply with a direction given to that person commits an offence and is liable to a fine at level 2.
(Added 13 of 2014 s. 7)

### Merchant Shipping (Local Vessels) Ordinance 《商船(本地船隻)條例》

52. Seizure, etc. of local vessel
(1) In this section, specified ground (指明理由), in relation to a local vessel, means—
(a) the vessel is so situated or in such a condition that it—
(i) endangers the safety of persons, other vessels or property; or
(ii) poses a hazard to the environment;
(b) the vessel is not certificated or licensed or is not the subject of a written permission under section 66 which is in force or a permit referred to in section 89(2) which is in force; or
(c) the owner of the vessel does not comply, or no longer complies, with section 12(1).

(2) An authorized officer may seize and remove or cause to be removed from any place or premises or from any part of the waters of Hong Kong any local vessel in respect of which he has reason to believe that a specified ground is applicable to the vessel.
(3) Subject to section 54, a vessel removed under subsection (2) may be detained by the Director.
(4) The Director shall, as soon as practicable after detaining a vessel under subsection (3)—
(a) serve a notice in the specified form in the Chinese and English languages on the owner of the vessel or his agent or the person who appears to the Director to exercise control over the vessel;
(b) where no such owner, agent or person can be found, or whose identity is not known, publish that notice in—
(i) the Gazette; and
(ii) a Chinese language newspaper and an English language newspaper circulating generally in Hong Kong.
(5) A detention order shall specify in relation to the local vessel the subject of the order—
(a) the names (if known to the Director) of the persons whom the Director believes to be the owner of the vessel, his agent and the coxswain;
(b) the name (if known to the Director) of the person whom the Director believes to be the owner or otherwise entitled to the possession of any cargo or other things on board;
(c) a description of the vessel and the place at which it was seized;
(d) a description of the cargo and other things on board;
(e) the reason for the detention;
(f) the position where the vessel will be secured, anchored or moored during its detention;
(g) the action required to secure the release of the vessel including the costs of any action taken or caused to be taken by the Director under this section in respect of the vessel; and
(h) a reasonable period within which the release of the vessel may be effected.
(6) For the purpose of subsection (5)(g), the costs of any action taken or caused to be taken under this section shall include all disbursements and other expenses incurred thereby by the Director.