### Pilotage Ordinance 《領港條例》

18. Referral to board of discipline or holding of preliminary inquiry
Where—
(a) any matter is reported to the Authority under section 17(1); or
(b) any accident occurs while a ship is being piloted by a licensed pilot,
the Authority may, where he thinks it necessary or expedient so to do,—
(i) in case the matter or accident is, in his opinion, of a minor nature, appoint a board of discipline to examine the matter or accident, as the case may be; or
(ii) in case the matter or accident is, in his opinion, of a serious nature, appoint an officer of the Marine Department to hold a preliminary inquiry into the matter or accident, as the case may be.
(Replaced 36 of 1993 s. 8)

18A. Preliminary inquiry
(1) The officer appointed under section 18 or 18B(2)(a) to hold a preliminary inquiry shall have the powers under section 115 of the Merchant Shipping (Safety) Ordinance (Cap. 369).
(2) Section 116 of the Merchant Shipping (Safety) Ordinance (Cap. 369) shall apply to a preliminary inquiry held under section 18 or 18B(2)(a).
(3) On completion of a preliminary inquiry, the officer who held the inquiry shall submit a written report thereof to the Authority.
(Added 36 of 1993 s. 8)

### Pilotage Ordinance 《領港條例》

18B. Board of discipline
(1) If, after considering the information referred to it by the Authority further to an appointment under section 18, a board of discipline considers that the matter or accident should be the subject of inquiry by a board of investigation, it may decide not to commence an examination and request the Authority to consider, in respect of such matter or accident, if—
(a) a preliminary inquiry, instead of an examination by a board of discipline, should be conducted; or
(b) a board of investigation should be appointed without going through a preliminary inquiry; or
(c) the board of discipline should proceed with an examination.
(2) Upon a request by a board of discipline under subsection (1)—
(a) where the Authority considers that the matter or accident should be the subject of a preliminary inquiry, the Authority shall direct that the board of discipline shall not commence an examination and shall appoint an officer to hold a preliminary inquiry into the matter or accident, as the case may be; or
(b) where the Authority considers that the matter or accident should be investigated by a board of investigation direct without first holding a preliminary inquiry, appoint a board of investigation in accordance with this Ordinance; or
(c) where the Authority considers that the matter or accident should be examined and processed by a board of discipline, the Authority shall direct that the board of discipline should proceed with the examination.
(3) If, after due examination following an appointment under section 18 or 19(1A) or a direction under subsection (2)(c), a board of discipline is satisfied that a licensed pilot—
(a) has been guilty of misconduct as a pilot;
(b) has otherwise failed in, or neglected without reasonable excuse, his duties as a pilot; or
(c) is otherwise not a fit and proper person to be a licensed pilot of his present class or of the next higher class, as the case may be,
the board shall, after referring to the pilot’s record, recommend to the Authority that the Authority should—
(i) issue a pilot with a caution in writing; or
(ii) issue a pilot with a warning in writing which shall be entered in his record but shall be removed 12 months after its entry; or
(iii) issue a pilot with a reprimand in writing which shall be entered in his record permanently; or
(iv) downgrade a pilot or defer his upgrading for a period as proposed by the board which period shall not exceed 12 months; or
(v) take any other action or no further action,
and the Authority may, on consideration of the recommendation of the board, take any action in accordance with paragraph (i), (ii), (iii), (iv) or (v) at his discretion.
(Added 36 of 1993 s. 8)

### Pilotage Ordinance 《領港條例》

19. Cancellation or suspension of licence after inquiry by board of investigation
(1) If, on consideration of—
(a) the report of the officer who held a preliminary inquiry under section 18 or 18B(2)(a); or
(b) the report made after a preliminary inquiry under section 51 of the Merchant Shipping Ordinance (Cap. 281),
the Authority considers that—
(i) any matter reported to the Authority under section 17(1); or
(ii) any accident which occurred while a ship was being piloted by a licensed pilot,
should be further investigated, the Authority shall appoint a board of investigation in accordance with this Ordinance.
(1A) If, on consideration of—
(a) the report of the officer who held a preliminary inquiry under section 18 or 18B(2)(a); or
(b) the report made after a preliminary inquiry under section 51 of the Merchant Shipping Ordinance (Cap. 281),
the Authority considers that the matter or accident is in fact of a minor nature, the Authority may appoint a board of discipline to examine the matter of accident. (Added 36 of 1993 s. 9)
(2) If, after due inquiry, a board of investigation appointed under subsection (1) or section 18B(2)(b) is satisfied that a licensed pilot—
(a) has been guilty of misconduct as a pilot;
(b) has otherwise failed in, or neglected without reasonable excuse, his duties as a pilot; or
(c) is otherwise not a fit and proper person to be a licensed pilot,
the board shall, after referring to the pilot’s record, recommend to the Authority that the licence of that licensed pilot be cancelled or suspended, and the Authority may, on consideration of the recommendation of the board, cancel the licence or suspend the same for such period as he thinks fit.
(Amended 36 of 1993 s. 9)

19A. Remuneration of member of board of investigation
(1) A member of a board of investigation is to be remunerated at a rate that takes account of the amount of work done and time spent by the member on the business of the board.
(2) The remuneration is to be determined by the Secretary for Transport and Logistics either generally from time to time or specifically in a particular case.(Amended L.N. 144 of 2022)
(3) Nothing in this section authorizes the payment of remuneration to any person employed full time in any office of emolument under the Government.
(Added 2 of 2013 s. 8)