### Merchant Shipping (Security of Ships and Port Facilities) Ordinance 《商船(船舶及港口設施保安)條例》

11. Inspections of designated port facilities
Subject to sections 12 and 13, an authorized officer may, for the purposes of ascertaining whether or ensuring that the provisions of this Ordinance which relate to designated port facilities are complied with, exercise one or more of the following powers—
(a) to enter and inspect a designated port facility;
(b) to require the management of a designated port facility to produce such documents and give such information as specified by an authorized officer;
(c) to examine and copy any document referred to in paragraph (b);
(d) to take such measurements and photographs and make such records as he considers necessary;
(e) to direct any person referred to in paragraph (b) to take such actions as are necessary to ensure that the provisions are complied with.

12. Magistrate’s warrants
(1) An authorized officer shall not enter any part of a ship or a designated port facility which is used solely for dwelling purpose pursuant to section 10 or 11 except by virtue of a warrant issued by a magistrate under subsection (2).
(2) If a magistrate is satisfied by information on oath by an authorized officer that it is necessary, for the purpose of ascertaining whether or ensuring that the provisions of this Ordinance which relate to ships or designated port facilities are complied with, to enter any part of a ship or a designated port facility which is used solely for dwelling purpose pursuant to section 10 or 11, he may issue a warrant to an authorized officer to effect entry.

13. Further provisions as to powers of inspection
(1) An authorized officer shall produce proof of his identity and authority upon request before or on exercising his powers under section 10 or 11.
(2) An authorized officer may, if necessary, use reasonable force in exercising his powers under section 10 or 11.
(3) A person who fails to comply with a requirement or direction made under section 10 or 11 commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(4) A person who obstructs an authorized officer in exercising his powers under section 10 or 11 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.
(5) If, in response to a requirement made under section 10(b) or 11(b), a person—
(a) produces or gives to an authorized officer any document or information that he knows to be false in a material particular; or
(b) produces or gives to an authorized officer any document or information that is false in a material particular and being reckless as to whether the document or information is true in such particular,
the person commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

### Merchant Shipping (Security of Ships and Port Facilities) Ordinance 《商船(船舶及港口設施保安)條例》

14. Exemption
(1) The Director may grant exemption from any provision of this Ordinance for—
(a) ships engaged on short international voyages on fixed routes between designated port facilities and port facilities outside Hong Kong; or
(b) such designated port facilities,
if they are covered by an agreement between the Government and another Contracting Government on alternative security arrangements.
(2) The Director may grant exemption from any provision of this Ordinance for a Hong Kong ship or a class of Hong Kong ships if he is satisfied that security measures which are at least as effective as those provided for in the provision have been implemented in relation to the ship or class of ships.
(3) The Director may grant exemption from any provision of this Ordinance for a designated port facility or a class of designated port facilities which is not covered by an agreement referred to in subsection (1) if he is satisfied that security measures which are at least as effective as those provided for in the provision have been implemented in relation to the port facility or the class of port facilities.

14A. Interpretation of Part 5
In this Part—

certifying authority (核證當局) means—
(a) the Director; or
(b) a recognized security organization;

e-cert database (電子證書資料庫), in relation to a certifying authority, means an electronic database that is maintained or managed by or for the certifying authority in accordance with the e-cert guidelines;
e-cert guidelines (電子證書指引) means the documents listed in Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents;

listed certificate (表列證書) means—
(a) a document listed in column 2 of the Table in Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the document; or
(b) a document listed in column 2 of that Table the subject matter of which is referred to in a provision listed in column 3 of that Table corresponding to the document.

14B. Application
This Part and the Schedule apply to a Hong Kong ship.

14C. Listed certificates may be issued electronically
(1) This section applies to a listed certificate that may be issued by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be issued by a certifying authority in electronic form.
(3) A listed certificate is considered as issued in electronic form only if it is issued in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause a listed certificate issued by it in accordance with this section to be kept in the e-cert database.

### Merchant Shipping (Security of Ships and Port Facilities) Ordinance 《商船(船舶及港口設施保安)條例》

14D. Listed certificates may be endorsed electronically
(1) This section applies to a listed certificate that may be endorsed by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be endorsed by a certifying authority in electronic form.
(3) A listed certificate is considered as endorsed in electronic form only if the endorsement is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause an endorsement made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

14E. Power of Secretary to amend Schedule
(1) The Secretary may, by notice published in the Gazette, amend the Schedule.
(2) A notice published under subsection (1) may contain any incidental, supplementary, consequential, savings or transitional provisions that are necessary or expedient in consequence of the amendments made under that subsection.

15. Master’s discretion for ship safety and security
If the master of a ship takes or executes any decision which, in his professional judgment, is necessary to maintain the safety and security of the ship, the taking or execution of that decision shall not by itself constitute a breach of any duty owed to any person by him under any contract (including an employment contract).

16. Duty to avoid undue detention or delay
(1) When the Government—
(a) imposes control measures under paragraph 1 of Regulation XI-2/9 of the Convention; or
(b) takes steps under paragraph 2 of that Regulation,
it has a duty to make all possible efforts to avoid a ship being unduly detained or delayed.
(2) Failure to discharge the duty under subsection (1) shall, for the purpose of the law of tort, be a breach of statutory duty.

17. Access to Convention and Code
The Director shall—
(a) keep a copy of the English and Chinese texts of Chapter XI-2 of the Convention and the Code at his office; and
(b) allow the public to inspect such texts during normal business hours free of charge.

18. (Omitted as spent—E.R. 1 of 2023)