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

4. Application to ships and vessels
(1) This Ordinance applies—
(a) to a Hong Kong ship, whether or not it is in Hong Kong;
(b) to a non-Hong Kong ship intending to enter Hong Kong or in Hong Kong; and
(c) for the purposes of imposing restriction for abating or containing any security threat, to any vessel in Hong Kong.
(2) This Ordinance does not apply to—
(a) warships;
(b) naval auxiliaries; and
(c) other vessels owned or operated by a government and used only on government non-commercial service.

5. Extent of application to certain designated port facilities
The Director may specify the extent of application of the Convention and the Code in relation to any designated port facility which—
(a) is used primarily by vessels not engaged on international voyages; and
(b) is required occasionally to serve ships to which this Ordinance applies.

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

6. Rules
(1) The Secretary may make rules for the purposes of this Ordinance.
(2) Without prejudice to the generality of subsection (1), rules made under this section may—
(a) require compliance with the Convention and the Code in relation to ships and designated port facilities;
(b) create offences for the purpose of paragraph (a) and provide for imprisonment not exceeding 3 years and a fine not exceeding $500,000;
(c) empower the Director to delegate to any recognized security organization functions relating to security of ships or designated port facilities that may be performed by such recognized security organization under the Code subject to the exceptions specified in section 4.3 of part A of the Code;
(d) make procedural provision for the delegation pursuant to the power under paragraph (c);
(e) provide for the setting of security levels by the Director;
(f) empower the Director or any person designated by him to give security instructions when the highest security level is set;
(g) make provision for appeal against a decision made by the Director under this Ordinance;
(h) require compliance with requirements of the security levels referred to in paragraph (e) in relation to ships and designated port facilities;
(i) require compliance with security instructions referred to in paragraph (f);
(j) confer on the Director any power that may be exercised by—
(i) a Contracting Government;
(ii) an Administration; or
(iii) any person who is authorized by a Contracting Government,
under Chapter XI-2 of the Convention or the Code;
(k) make provision for—
(i) the specification of the extent of application under section 5; and
(ii) the designation of designated port facilities under section 7;
(l) empower the Director to charge fees and make provision for the recovery of such fees;
(m) empower the Director to declare any area of the waters of Hong Kong to be an area closed to all vessels or to any class or type of vessels for security reasons.
(3) The rules made under this section, to the extent required for the operation of section 4, have effect outside Hong Kong.
(4) The rules made under this section may amend the Schedule to the Administrative Appeals Board Ordinance (Cap. 442) to make any decision made under the rules subject to appeal under that Ordinance.

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

6A. 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. 20)

7. Designation of designated port facility
(1) The Director may by notice published in the Gazette—
(a) designate any port facility as a designated port facility;
(b) vary any particulars of a designated port facility including the delineation of its boundary, its hours of operation and its name; or
(c) declare that a designated port facility ceases to be a designated port facility.
(2) A notice published under subsection (1) is not subsidiary legislation.
(3) The management of a port facility may appeal to the Administrative Appeals Board against a decision of the Director—
(a) to designate or not to designate the port facility as a designated port facility; or
(b) to declare or not to declare that the port facility ceases to be a designated port facility.
(4) The lodging of an appeal under subsection (3) against a decision does not prevent the decision from taking effect.
(5) The Director shall make, in such manner as he thinks fit, available for inspection free of charge by the public a list of all designated port facilities.

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

8. Recognized security organizations
(1) The Director may in writing recognize any person who or organization which—
(a) has appropriate expertise in security matters and appropriate knowledge of ship and port operations; and
(b) is widely recognized in the international maritime community as having good standing,
as a recognized security organization.
(2) The Director may revoke a recognition given under subsection (1) if he is satisfied that the recognized security organization concerned does not meet the requirements prescribed in subsection (1)(a) and (b).
(3) The Director shall not exercise his power under subsection (2) without—
(a) giving adequate prior notice of his intention to do so to the recognized security organization concerned; and
(b) giving the organization an opportunity to make representation.
(4) Any person or organization aggrieved by a decision of the Director to revoke a recognition under subsection (2) may appeal to the Administrative Appeals Board against the decision.
(5) The lodging of an appeal under subsection (4) against a decision does not prevent the decision from taking effect.

9. Authorized Officers
(1) The Director may authorize in writing any public officer to be an authorized officer.
(2) An authorized officer may exercise such powers or perform such duties as may be conferred or imposed on him pursuant to this Ordinance, the Convention or the Code.

10. Inspections and control of ships
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 ships are complied with, exercise one or more of the following powers—
(a) to board and inspect a ship;
(b) to require the master or owner or charterer of a ship or any person who is responsible for the operation of the ship or any other person on board the ship 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;
(f) if a direction made under paragraph (e) is not complied with, to detain the ship until the direction is complied with.