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

78. False information
Without prejudice to any other provisions of this Ordinance, any person who, being required to give any information to the Director or any other person under this Ordinance, fails without reasonable excuse to give such information or gives any information, whether in writing, orally or otherwise, which he knows to be false or misleading as to a material particular commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

79. Penalty for fraudulent use
Without prejudice to any other provisions of this Ordinance, any person who fraudulently alters or uses, or permits to be fraudulently altered or used, a document issued under this Ordinance, or a duplicate of any such document, commits an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.

80. Obstruction
(1) Any person who obstructs the Director, or any other person, performing or exercising any function or power under this Ordinance commits an offence and, subject to subsection (2), is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) The owner of a local vessel, his agent or the coxswain of a local vessel who commits an offence under subsection (1) is liable on conviction to a fine at level 5 and to imprisonment for 2 years.

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

82. Time limit for prosecution of offences
Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under this Ordinance may be brought at any time within 2 years next after the commission of the offence or within 6 months after the first discovery thereof by the prosecutor, whichever period expires first.

83. Power of Chief Executive to give directions
(1) The Chief Executive may give to the Director and to any public officer such directions as he thinks fit, either generally or in any particular case, with respect to the performance or the exercise of their functions or powers under this Ordinance.
(2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the performance or the exercise of his functions or powers under this Ordinance, comply with that direction.

84. Giving of directions and offence of non-compliance
(1) A direction given under this Ordinance may be given orally or in writing, or by means of signals.
(2) If requested by any person who is given a direction orally or by means of signals the person giving the direction shall confirm the direction in writing.
(3) A direction given under this Ordinance shall be complied with—
(a) forthwith; or
(b) where a time limit for compliance is specified in the direction, within such time limit,
notwithstanding that the direction has not been confirmed under subsection (2).
(4) Where under this Ordinance a direction may be given to a coxswain of a local vessel it shall be sufficient if the direction is given to a person on board the vessel who is on duty to accept any direction on behalf of the coxswain, and if there is no such coxswain or such coxswain cannot be traced, the direction may be given to the owner of the vessel or his agent or to any other person who appears to the person giving the direction to be in control of the vessel at that time.
(5) The giving of a direction under this Ordinance shall not diminish or in any way affect the responsibility of the coxswain in relation to his vessel, persons on board, its cargo or any other person or property.
(6) Without prejudice to any other express penalty for failure to comply with a direction, any person who without reasonable excuse fails to comply with a direction given to him under this Ordinance commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

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

85. Service of documents
(1) Where for the purposes of this Ordinance any document is to be served on a person, that document may be served by any officer of the Marine Department of the rank of Marine Inspector Class II or above—
(a) in any case by delivering the document personally to the person to be served, or by leaving it for him at his last known place of business or residence;
(b) if the document is to be served on the coxswain of a local vessel, where there is one, by leaving it for him on board the vessel with the person being or appearing to be in charge or command of the vessel or a member of the crew of the vessel;
(c) if the document is to be served on a person belonging to a local vessel, by leaving it for him on board the vessel with the coxswain of the vessel or with a person being or appearing to be in charge or command of the vessel;
(d) if the document is to be served on the coxswain of a local vessel, where there is no coxswain and the vessel is in Hong Kong—
(i) on the owner of the vessel or his agent residing in Hong Kong; or
(ii) where no such owner or his agent is known or can be found, by affixing the document to the mast or other prominent part of the vessel;
(e) if the document is to be served on the owner of a local vessel or his agent—
(i) by leaving it for him at the address of the owner or his agent which is endorsed on the certificate of ownership issued in respect of the vessel;
(ii) in respect of a vessel which is not certificated, by leaving the document for him at the office of the owner or his agent (if known), as the case may be, or with some person being or appearing to be in charge of the office;
(iii) by leaving the document for him on board the vessel with the coxswain of the vessel, or some person being or appearing to be in charge or command of the vessel or a member of the crew of the vessel.
(2) Any document referred to in subsection (1) which is to be served on the owner of a local vessel, his agent or the coxswain of a local vessel may be addressed to the owner, agent or coxswain, as the case may be, without specifying his name.

86. Indemnity against damage, etc.
No action in respect of any damage to property or injury to person shall lie against the Director or any other officer performing or exercising any function or power under section 52, 55, 56 or 68 in good faith.

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

87. Appeals
An appeal may be made to the Administrative Appeals Board—
(a) against a decision of the Director—
(i) to refuse to authorize under section 7 a person as a surveyor for the purposes of this Ordinance;
(ii) to attach conditions to an authorization under section 7;
(iii) to revoke an authorization under section 7;
(iv) to serve a detention order (which appeal may relate only to the costs specified in the order by virtue of section 52(5)(g));
(v) to give a direction under section 53(1)(a);
(vi) to refuse to comply with a request under section 54(2);
(vii) to refuse to grant permission under section 66;
(viii) to attach conditions to a permission under section 66;
(ix) to revoke a permission under section 66;
(x) to give a direction specified in an improvement notice;
(b) by—
(i) in the case of paragraph (a)(i), the person seeking to be authorized as a surveyor for the purposes of this Ordinance;
(ii) in the case of paragraph (a)(ii) or (iii), the authorized surveyor concerned;
(iii) in the case of paragraph (a)(iv), (v) or (vi), the owner, his agent or a person who appears to exercise control over the local vessel concerned;
(iv) in the case of paragraph (a)(vii), (viii) or (ix), the person who sought or was granted, as the case may be, the permission concerned or (if different) the owner of the local vessel concerned, his agent or the coxswain of the local vessel concerned;
(v) in the case of paragraph (a)(x), any person aggrieved by the direction specified in the improvement notice.