### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

26. Power of Director to appoint persons to be enforcement officers
The Director may, for the purposes of sections 13 and 14, appoint any officer of the Marine Department to be an enforcement officer.

27. Powers of enforcement officers
(1) For the purposes of ascertaining whether section 13 or 14 is complied with, an enforcement officer may exercise one or more of the following powers— (Amended E.R. 2 of 2014)
(a) board a ship;
(b) request the master of a ship to which Part 3 applies to produce for the officer’s inspection the insurance certificate or the specified certificate relating to the ship;
(c) request the master of a ship to produce for the officer’s inspection any other document relating to the ship and to provide any information relating to the ship;
(d) make or take any copy of any document produced to the officer under paragraph (b) or (c).
(2) A person who wilfully obstructs an enforcement officer in the exercise of the officer’s power under subsection (1)(a) or (d) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(3) A person who fails to comply with a request made by an enforcement officer under subsection (1)(c) commits an offence and is liable on conviction to a fine at level 3.

28. Provision of false information etc.
(1) A person commits an offence if the person, in purported compliance with a requirement imposed under section 15 or a request made under section 27—
(a) produces any document or provides any information that the person knows to be false or misleading in a material respect; or
(b) produces any document or provides any information that the person ought reasonably to have known to be false or misleading in a material respect.
(2) A person who commits an offence under subsection (1)(a) or (b) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

29. Appeals
(1) A person who is aggrieved by any of the following decisions may appeal to the Administrative Appeals Board against the decision—
(a) a decision of the Director or an authorized person to refuse to issue an insurance certificate under section 16;
(b) a decision of the Director or an authorized person to impose any condition under section 16;
(c) a decision of the Director or an authorized person to cancel an insurance certificate under section 17;
(d) a decision of the Director to refuse to grant an exemption under section 23;
(e) a decision of the Director to impose any condition under section 23.
(2) An appeal under subsection (1) does not suspend the decision appealed against.

### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

30. Service of notice etc.
A notice or other document (however described) required or permitted to be served or sent (however described) under this Ordinance is to be regarded as having been duly served or sent if—
(a) for the Director—
(i) it is addressed to the Director and delivered to the Director’s principal office; or
(ii) it is sent to the Director by registered post addressed to the Director at the Director’s principal office;
(b) for an individual—
(i) it is addressed to the individual and delivered to the individual by personal service; or
(ii) it is sent to the individual by registered post addressed to the individual at the individual’s last known address;
(c) for a company as defined in section 2(1) of the Companies Ordinance (Cap. 622)— (Amended 28 of 2012 ss. 912 & 920)
(i) it is addressed to the company and delivered to any officer of the company by hand; or
(ii) it is left at, or sent by post to, the company’s registered office in Hong Kong; (Amended 28 of 2012 ss. 912 & 920)
(d) for a body corporate (other than a company described in paragraph (c))—
(i) it is addressed to the body and delivered to any place in Hong Kong at which the body carries on business and given to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) it is sent to the body by registered post addressed to the body at the body’s last known address; or
(e) for a partnership—
(i) it is addressed to the partnership and delivered to any place in Hong Kong at which the partnership carries on business and given to a person apparently concerned in the management of, or apparently employed by, the partnership; or
(ii) it is sent to the partnership by registered post addressed to the partnership at the partnership’s last known address.

31. Saving for recourse actions
This Ordinance does not affect any claim, or the enforcement of any claim, that a person who incurs a liability under this Ordinance may have against another person in respect of the liability.

### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

32. Offences by bodies corporate
If a person by whom an offence under this Ordinance is committed is a body corporate, and it is proved that the offence—
(a) was committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any of those capacities; or
(b) was due to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any of those capacities,
the director, manager, secretary, officer or the person, as well as the body corporate, commits that offence and is liable to be proceeded against and punished accordingly.

33. Power to make regulations
The Financial Secretary may by regulations prescribe the fee to be paid on an application to the Director for an insurance certificate to be issued by the Director.

33A. Delegation by Director
(1) Subject to subsection (3), the Director may, either generally or in any particular case, delegate to any other public officer the performance or exercise on the Director’s behalf of any of the functions imposed or conferred on the Director under this Ordinance.
(2) If any function imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director is, unless the contrary is proved, regarded as having delegated to the public officer under subsection (1) the performance or exercise of the function.
(3) No delegation under subsection (1) is to be made of any power under this Ordinance to make subsidiary legislation.
(4) In this section—
functions (職能) includes powers and duties.
(Added 24 of 2023 s. 27)

### Independent Police Complaints Council Ordinance 《獨立監察警方處理投訴委員會條例》

1. Short title
This Ordinance may be cited as the Independent Police Complaints Council Ordinance.

### Independent Police Complaints Council Ordinance 《獨立監察警方處理投訴委員會條例》

4. Incorporation of Council
(1) There is hereby established a body corporate known as—
(a) “Independent Police Complaints Council” in English; and
(b) “獨立監察警方處理投訴委員會” in Chinese.
(2) The Council has perpetual succession and may sue and be sued in its English or Chinese name.
(3) The Council is neither a servant nor an agent of the Government and does not enjoy any status, immunity or privilege of the Government.

5. Membership of Council
(1) The Council consists of the following members—
(a) a Chairman appointed by the Chief Executive;
(b) 3 Vice-Chairmen appointed by the Chief Executive; and
(c) not less than 8 other members appointed by the Chief Executive.
(2) The following persons are not eligible for appointment under subsection (1)—
(a) a person who holds an office of emolument, whether permanent or temporary, in a Government bureau or department; and
(b) a person who was a member of the police force.

6. Appointment of Secretary-General, Legal Adviser and other employees
(1) The Council must appoint a Secretary-General and a Legal Adviser on terms of employment approved by the Chief Executive on the advice of the Council.
(2) The Council may appoint, on terms of employment determined by the Council, such other employees as the Council requires to assist it in performing its functions.
(3) The Council may engage any person for his technical or professional services in such manner and on such terms as it thinks fit.

7. Schedule 1 applicable to Council
Schedule 1 has effect with respect to the members, proceedings, committees and finances of, and the execution of documents by, and other miscellaneous matters of, the Council.