### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

37. Offences and penalties
(L.N. 154 of 2022)(1) If any requirement of these Regulations (other than regulation 10A, 12, 13 or 16) is not complied with in respect of a ship, the owner and the master of the ship each commits an offence and is liable— (L.N. 47 of 2016; L.N. 154 of 2022)
(a) on conviction upon indictment, to a fine at level 6;
(b) on summary conviction, to a fine at level 3. (E.R. 1 of 2023)
(1A) If regulation 10A(2) is not complied with in respect of a UNSP barge, the owner and the operator of the barge each commits an offence and is liable—
(a) on conviction on indictment—to a fine at level 6; or
(b) on summary conviction—to a fine at level 3. (L.N. 154 of 2022)
(1B) If regulation 10A(3) is not complied with in respect of a towing or pushing vessel, the owner and the master of the vessel each commits an offence and is liable—
(a) on conviction on indictment—to a fine at level 6; or
(b) on summary conviction—to a fine at level 3. (L.N. 154 of 2022)
(2) If any requirement of regulation 12, 13 or 16 is not complied with in respect of a ship, the owner and the master of the ship each commits an offence and is liable— (L.N. 47 of 2016)
(a) on conviction upon indictment, to a fine of $5,000,000;
(b) on summary conviction, to a fine of $500,000.
(3) It shall be a defence for a person charged under this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4) Where an offence under this regulation is committed, or would, save for the operation of paragraph (3), have been committed, by the owner, the master or the operator due to the act or omission of some other person, that other person also commits the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the owner, the master or the operator. (L.N. 177 of 1991; L.N. 47 of 2016; L.N. 154 of 2022)
(37 of 1990 s. 12; L.N. 641 of 1994)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

38. Saving of Certificates and pending applications
(1) An IOPP Certificate issued under these Regulations and in force immediately before the commencement date* of the Amendment Regulation 2016 is taken as an International Oil Pollution Prevention Certificate issued in accordance with these Regulations as amended by the Amendment Regulation 2016.
(2) A HKOPP Certificate issued under these Regulations and in force immediately before the commencement date of the Amendment Regulation 2016 is taken as a Hong Kong Oil Pollution Prevention Certificate issued in accordance with these Regulations as amended by the Amendment Regulation 2016.
(3) If an application for an IOPP Certificate or a HKOPP Certificate has been made before the commencement date of the Amendment Regulation 2016 for which a decision is pending, the application is to be regarded as an application made under these Regulations as amended by the Amendment Regulation 2016.
(L.N. 47 of 2016)

### Director of Intellectual Property (Establishment) Ordinance 《知識產權署署長(設立)條例》

1. Short title
(Amended E.R. 5 of 2018)(1) This Ordinance may be cited as the Director of Intellectual Property (Establishment) Ordinance.
(2) (Omitted as spent—E.R. 5 of 2018)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Director (署長) means the Director of Intellectual Property appointed under section 3;
legally qualified (具有專業法律資格) means qualified to practise as a legal practitioner in Hong Kong, the United Kingdom or in a jurisdiction listed in Schedule 2 to the Legal Officers Ordinance (Cap. 87); (Amended 42 of 2000 s. 30)
Registrar General (註冊總署署長) means the Registrar General appointed under section 2(1) of the Registrar General (Establishment) Ordinance (Cap. 100).

3. Appointment of Director and other officers
(1) The Chief Executive may appoint a Director of Intellectual Property and such other officers to hold any of the offices specified in Schedule 1 as may be required to assist the Director in the performance of his duties. (Amended 22 of 1999 s. 3)
(2) No person shall be appointed to any of the offices specified in Part 1 of Schedule 1 unless on the date of such appointment he is legally qualified.
(3) The Director, where he is legally qualified, and the holder of an office specified in Part 1 of Schedule 1 shall be deemed to be legal officers for the purpose of the Legal Officers Ordinance (Cap. 87) and shall have all rights conferred upon legal officers by that Ordinance.

4. Director to hold offices in Schedule 2
The Director shall hold the offices specified in Schedule 2.

5. Powers and duties of officers appointed to assist the Director
(1) The holder of an office specified in Schedule 1 may, subject to subsection (2) and any instructions of the Director, exercise the powers or perform the duties of the office of the Director.
(2) The holder of an office specified in Part 2 of Schedule 1 shall not exercise any right conferred by section 3(3) on the holder of an office specified in Part 1 of Schedule 1.
(3) The Director and the holder of an office specified in Schedule 1 may take any affidavit, affirmation or statutory or other declaration required by any Ordinance to be made before or produced or delivered to or filed with the Director or the holder of an office specified in Schedule 2 notwithstanding any Ordinance requiring the taking of such affidavit, affirmation or declaration by or before any other person.

### Director of Intellectual Property (Establishment) Ordinance 《知識產權署署長(設立)條例》

6. Chief Executive may amend Schedules
The Chief Executive may, by order published in the Gazette, amend the Schedules.
(Amended 22 of 1999 s. 3)

7. Transitional provision
(1) Any thing done before the commencement* of this Ordinance by the Registrar General in the capacity of Registrar of Patents or Registrar of Trade Marks shall be regarded as having been done by the Director in the capacity of Registrar of Patents or, as the case may be, Registrar of Trade Marks at the time when the thing was done.
(2) Any document which contains a reference to the Registrar General in the capacity of Registrar of Patents or Registrar of Trade Marks shall have effect on and after the commencement* of this Ordinance with the substitution for such reference of a reference to the Director in the capacity of Registrar of Patents or, as the case may be, Registrar of Trade Marks.
(3) In any legal proceedings pending on the commencement* of this Ordinance to which the Registrar General in the capacity of Registrar of Patents or Registrar of Trade Marks is a party, the Director in the capacity of Registrar of Patents or, as the case may be, Registrar of Trade Marks shall as from such commencement be substituted as a party thereto in lieu of the Registrar General and the proceedings shall continue as if the Director in that capacity had always been that party.

8. Evidence
Any certificate or document purporting to be given or made in the exercise or performance of any of his powers and duties—
(a) by the Director under any law; or
(b) by the holder of an office specified in Schedule 1,
shall, unless the contrary is proved, be deemed to be so given or made and be received in any proceedings as evidence of the facts stated therein.