### Shipping and Port Control Ordinance 《船舶及港口管制條例》

62. 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 vessel or property, the Director may board the vessel or enter the property without the permission of the owner or his agent or of the master 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 (Amended 43 of 1999 s. 91)
(b) where the cost is incurred in respect of a vessel, under section 55 as if the cost represented port dues payable in respect of the vessel. (Amended 43 of 1999 s. 91)
(c) (Repealed 43 of 1999 s. 91)(6) For the purposes of subsection (5), the cost of any action taken or caused to be taken under this section shall include all disbursements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.

63. Director’s general power of exemption
The Director may, on application made to him in such manner as he may determine or on his own initiative, exempt any person or any vessel or any type, class or description of vessel from any requirement under this Ordinance, subject to such terms and conditions as the Director may specify.

### Shipping and Port Control Ordinance 《船舶及港口管制條例》

64. 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 terms and 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 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 to a fine at level 1. (Amended E.R. 3 of 2021)
(5) A permission granted under this Ordinance may be withdrawn or cancelled by the Director—
(a) if any term or condition of the permission is not complied with; or
(b) if the Director considers it necessary to do so for any other reason.
(6) Without prejudice to subsection (5), where a person without reasonable excuse fails to comply with any term or condition of a permission granted under this Ordinance, he commits an offence and is liable to a fine at level 3. (Amended E.R. 3 of 2021)

65. Compliance by master or owner
Where by or under this Ordinance—
(a) any obligation or duty is placed on an owner or his agent or on a master of a vessel;
(b) any direction is given to an owner or his agent or to a master of a vessel; or
(c) an owner or his agent or a master of a vessel is required to comply with any requirement,
it shall, except where it is otherwise expressly provided, be sufficient if such obligation, duty, direction or requirement is met or complied with either by the owner or his agent or the master of the vessel.

### Shipping and Port Control Ordinance 《船舶及港口管制條例》

66. Appeals
(1) If any person is aggrieved by a direction, decision or act of the Director, or any other person, performing or exercising any function, duty or power under this Ordinance, he may within 14 days after— (Amended 43 of 1999 s. 91)
(a) the date on which the direction, decision or act was given, made or done; or
(b) the date on which he was notified of the direction, decision or act,
appeal to the Chief Executive against the direction, decision or act by lodging the grounds of the appeal in writing with the Financial Secretary. (Amended L.N. 362 of 1997; L.N. 144 of 2022)
(2) On considering an appeal under subsection (1), the Chief Executive may confirm, vary or reverse the direction, decision or act appealed against and make such order as he thinks fit.
(3) A decision of the Chief Executive under subsection (2) shall be final.
(Amended 64 of 1999 s. 3)

67. Duty to report collisions, etc.
(1) Where, within the waters of Hong Kong—
(a) a vessel is involved in a collision with another vessel, a port facility or other property;
(b) a vessel sinks or becomes stranded or disabled;
(c) a person is killed or seriously injured on board a vessel as a result of an accident;
(d) an explosion or fire occurs on board a vessel;
(e) damage is caused by a vessel to a port facility or other property; or
(f) a person, cargo or equipment is lost overboard from a vessel,
the owner or his agent or the master of the vessel shall report the occurrence forthwith to the Director orally, by means of signals, or in writing and shall furnish to the Director in writing full particulars thereof within 24 hours after the occurrence.
(2) An owner, agent or master of a vessel who—
(a) without reasonable excuse fails to comply with subsection (1); or
(b) makes a report or furnishes any particulars under subsection (1) which he knows to be false in any material particular,
commits an offence and is liable to a fine at level 3. (Amended E.R. 3 of 2021)
(3) For the purposes of subsection (1)(c) a person shall be deemed to be seriously injured if he is admitted to a hospital immediately after he sustains the injury for observation or treatment.