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

65. Dead vessel
(1) No dead vessel shall, except with the permission of the Director, enter, or be brought into, the waters of Hong Kong.
(2) If without reasonable excuse subsection (1) is contravened, the owner of the dead vessel, his agent and the coxswain of the dead vessel commit an offence and each of them is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

66. Laid-up vessel
(1) In this section, laid-up vessel (閑置船隻) means any local vessel, other than a dead vessel, which remains or is to remain within the waters of Hong Kong through lack of employment or pending the outcome of any legal proceedings before any court.
(2) Subject to subsection (3), no laid-up vessel shall, except with the written permission of the Director, be berthed, moored or anchored at any place in the waters of Hong Kong.
(3) Subsection (2) shall not apply to a laid-up vessel which is dry-docked or within the precincts of, or berthed or moored alongside, a dockyard.
(4) The Director may attach conditions to a written permission under this section.
(5) Where the Director refuses to grant permission under this section in respect of a laid-up vessel, or attaches conditions to such a permission, he shall serve a notice in writing on the person who sought such permission setting out his reasons for the refusal or conditions, as the case may be.
(6) Where the Director is satisfied that any of the conditions attached to a written permission under this section have been contravened, he may serve a notice in writing on the person who sought such permission revoking the permission and setting out the reasons for the revocation.
(7) If without reasonable excuse subsection (2) is contravened, or any conditions attached under subsection (4) are contravened, the owner of the local vessel, his agent and the coxswain of the vessel commit an offence and each of them is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

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

67. Recovery of penalty by sale of vessel
(1) Where the owner of a local vessel, his agent or the coxswain of a local vessel who is convicted of an offence under this Ordinance fails to pay any fine imposed in respect of the offence, the Director may sell the vessel in respect of which the offence was committed and apply the proceeds in payment of the fine, and the balance (if any), after deducting any reasonable expense incurred in the sale, shall be paid to the owner of the vessel if claimed within 6 months after the date of the sale or forfeited to the Government if not claimed within that period.
(2) Not less than 14 days before a vessel is sold under subsection (1), the Director shall give to the owner of the vessel or his agent notice in writing of the intended sale, but notice under this subsection shall not be necessary where there is no such owner or agent or the Director is unable to find the owner or agent.
(3) Any vessel sold under this section shall be transferred to the purchaser thereof, at the expense of the purchaser, by a bill of sale from the Director which shall confer upon such purchaser an absolute title to such vessel.

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

68. Director may give effect to directions in certain cases
(1) Where a person who is given a direction under this Ordinance fails to comply with it, the Director may, whether or not the person is or will be prosecuted for an offence under this Ordinance, take or cause to be taken such action as may be necessary to give effect to the direction.
(2) Where no person to whom a direction under this Ordinance may be given exists or can be found, the Director may take or cause to be taken such action as he would have directed to be taken if such person existed or could be found.
(3) In a case of emergency affecting the safety of life or property the Director may take or cause to be taken such action as he would have directed to be taken under this Ordinance.
(4) For the purpose of taking any action under this section in respect of any local vessel or property, the Director may board the vessel or enter the property without the permission of the owner of the vessel or his agent or of the coxswain of the vessel, or the owner or occupier of the property, as the case may be, and take with him such persons as may be necessary to assist him for that purpose.
(5) The Director may recover the cost of any action taken or caused to be taken under this section—
(a) as a civil debt from the person to whom the direction (if any) was given, or the owner of the vessel or property in respect of which the action was taken; or
(b) where the cost incurred in respect of a vessel cannot for any reason be recovered under paragraph (a) or where there is no owner of the vessel, by sale of the vessel and applying the proceeds in payment of the cost and the balance (if any), after deducting any reasonable expense incurred in the sale, shall be paid to the person who satisfies the Director that he is entitled to the balance.
(6) For the purpose of subsection (5), the cost of any action taken or caused to be taken under this section shall include all disbursements and other expenses incurred thereby by the Director.

69. Director’s general power of exemption
(1) The Director may, on application made to him in the specified form or on his own initiative, by notice in writing exempt any person or any local vessel or any class, type or description of local vessel from any requirement under this Ordinance, subject to such conditions as the Director may specify in the notice.
(2) Where a person without reasonable excuse fails to comply with any condition specified in a notice under subsection (1), he commits an offence and is liable on conviction to a fine at level 3.
(3) For the avoidance of doubt, it is hereby declared that a notice under subsection (1) is not subsidiary legislation.

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

70. Director’s permission to do restricted acts
(1) Where it is provided under this Ordinance that no person shall do, or cause or permit to be done, any specified act without the permission of the Director, the Director may—
(a) on application made to him in such manner as he may determine; and
(b) on payment to him of the prescribed fee (if any),
permit the specified act to be done subject to such conditions as he may specify generally or in any particular case.
(2) Except where this Ordinance provides for a written permission, a permission under this Ordinance may be granted orally or by means of signals.
(3) A written permission granted under this Ordinance shall be—
(a) kept on the local vessel or at the place in which the act in respect of which the permission is required is being done; and
(b) produced for inspection by the Director, an authorized officer, or by any other officer appointed for the purposes of this Ordinance, on demand or within such time and at such place as the Director or such officer may specify.
(4) If any person to whom a written permission is granted under this Ordinance without reasonable excuse fails to comply with subsection (3)(a) or to produce it under subsection (3)(b), he commits an offence and is liable on conviction to a fine at level 1.
(5) A permission granted under this Ordinance may be withdrawn or cancelled by the Director—
(a) if any condition of the permission is not complied with; or
(b) if the Director considers it necessary to do so for any other reason.
(6) Where a person without reasonable excuse fails to comply with any condition of a permission granted under this Ordinance, he commits an offence and is liable on conviction to a fine at level 3.