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

60. Powers of authorized officers
(1) Without prejudice to any other provisions of this Ordinance, an authorized officer may, at any time of day or night, stop and board any local vessel for the purpose of—
(a) inspecting or searching the vessel or any part thereof;
(b) investigating any occurrence specified in section 57(1), whether or not such occurrence has been reported to the Director under that section;
(c) making such examination and investigation as may be necessary where any provisions of this Ordinance has been contravened in respect of the vessel or by any person on board the vessel, or where an authorized officer has reasonable grounds for suspecting that such contravention has taken place;
(d) directing the conduct of any other authorized officer who may be on board the vessel;
(e) observing, inspecting or searching any person—
(i) for the time being on board the vessel;
(ii) employed, engaged or dwelling on board the vessel; or
(iii) employed or engaged in loading or unloading the vessel; or
(f) taking any action which he considers necessary—
(i) to provide against fire or accident on board the vessel;
(ii) to preserve peace and good order on board the vessel; or
(iii) to prevent or detect any offence under this Ordinance or any other enactment in respect of the vessel or by any person on board the vessel.
(2) Any police officer of or above the rank of Sergeant may—
(a) take into custody and remove from any local vessel in the waters of Hong Kong any person whom he suspects on reasonable grounds of—
(i) having committed an offence under this Ordinance or any other enactment; or
(ii) having boarded, or remained on board, the vessel without the permission of the owner of the vessel, his agent or the coxswain of the vessel; or
(b) direct a local vessel, in respect of which he suspects on reasonable grounds that an offence under this Ordinance or any other enactment has been committed, to proceed together with any persons on board to the nearest Marine Police Base or Marine Office.
(3) An authorized officer boarding a local vessel under subsection (1) may take with him such persons as may be necessary to assist him for the purposes of this section.
(4) The coxswain of a local vessel, when required to stop the vessel by an authorized officer in the exercise of his powers under subsection (1), shall stop the vessel and permit the authorized officer to board the vessel.
(5) Any coxswain who without reasonable excuse—
(a) fails to comply with a direction given under subsection (2)(b); or
(b) contravenes subsection (4),
commits an offence and is liable on conviction to a fine at level 2.

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

61. Powers of investigating officers
(1) Subject to subsection (3), for the purpose of any investigation by an inspector under section 40 or by an authorized officer under section 60, an inspector or authorized officer may—
(a) require that a local vessel which he has boarded or any part of it, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary to carry out the investigation;
(b) take such measurements and photographs and make such recordings as he considers necessary;
(c) inspect, seize and remove from the vessel any article or substance in respect of which he suspects on reasonable grounds that an offence under this Ordinance has been committed;
(d) in the case of any article or substance removed under paragraph (c), detain it for so long as is necessary—
(i) to examine it and to cause it to be subjected to any process or test;
(ii) to ensure that it is not tampered with before the examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Ordinance;
(e) require any person whom he has reasonable cause to believe to be able to give any information relevant to the investigation to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector or authorized officer may allow to be present) such questions as the inspector or authorized officer thinks fit to ask and to sign a declaration of the truth of his answers;
(f) require the production of, inspect, and take copies of any entry in, the log book of the vessel or any document (including an identity card) which it is necessary for him to see for the purposes of the investigation.
(2) No answer given by a person in pursuance of a requirement imposed under subsection (1)(e) shall be admissible in evidence against that person or the spouse of that person in any proceedings.
(3) For the purpose of an investigation under section 40, the powers of an inspector shall be limited to matters to which Part VIII relates or to offences under that Part.
(4) Any person who—
(a) contravenes any requirement imposed by an inspector or authorized officer under subsection (1); or
(b) prevents any other person from appearing before an inspector or authorized officer or from answering any question to which an inspector or authorized officer may by virtue of subsection (1)(e) require an answer,
commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

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

63. Director may require certain information
(1) Where—
(a) a local vessel is involved in any occurrence specified in section 57(1); or
(b) the coxswain, person in charge or person in control of a local vessel is suspected of having committed an offence under this Ordinance involving the use of the vessel,
the Director may, within 3 months after the occurrence or alleged offence, serve on the owner of the vessel or his agent a written notice requiring him to furnish to the Director, within 21 days after the date of the notice, a written statement signed by the owner or his agent, specifying the name and address of the coxswain, person in charge or person in control of the vessel at the time of the occurrence or alleged offence.
(2) Subject to subsection (3), the owner of a local vessel or his agent who fails to comply with a notice served on him under subsection (1) within the time specified in that subsection commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(3) In proceedings for an offence under subsection (2), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the coxswain, person in charge or person in control of the vessel at the time of the occurrence or alleged offence referred to in subsection (1).
(4) The provisions of this section shall be in addition to and shall not derogate from section 57.

63A. Director may perform services and surveys, etc.
The Director may, upon request and payment of a prescribed fee or without request, perform services and surveys and grant facilities relating to local vessels.
(Added 24 of 2005 s. 12)

63B. Director may charge fee
The Director may charge a prescribed fee in respect of the services and surveys performed and facilities granted upon request under section 63A.
(Added 24 of 2005 s. 12)