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

71. Power of Director to specify forms
(1) Subject to subsection (2), the Director may specify the form of any document required under this Ordinance to be in the specified form and the form of such other documents required for the purposes of this Ordinance as he thinks fit.
(2) The Director’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a form, whether specified or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Director, his exercise of that power in respect of that form does not contravene that requirement.
(3) The Director’s power under subsection (1) may be exercised in such a way as to—
(a) include in the specified form of any document referred to in that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief;
(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Director thinks fit.
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents as are specified in the form; and
(c) if the completed form is required to be provided to—
(i) the Director;
(ii) another person on behalf of the Director; or
(iii) any other person,
so provided in the manner, if any, specified in the form.

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

72. 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 his behalf of any of the functions or powers imposed or conferred upon him under this Ordinance.
(2) Where any function or power imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director shall, unless the contrary is proved, be deemed to have delegated to the public officer under subsection (1) the performance or exercise of the function or power.
(3) No delegation under subsection (1) shall be made of any power—
(a) to amend a Schedule to the regulations made under this Ordinance;
(b) under this Ordinance to make regulations; (Amended 24 of 2005 s. 13)
(c) under section 69, except in respect of a provision specified in writing for the purposes of this section by the Secretary for Transport and Logistics; or (Amended L.N. 106 of 2002; 24 of 2005 s. 13; L.N. 130 of 2007; L.N. 144 of 2022)
(d) to make or grant exemptions under any regulations made under section 89(1)(zh)(i) or (4)(c), except in respect of a provision specified in writing for the purposes of this section by the Secretary for Transport and Logistics. (Added 24 of 2005 s. 13; L.N. 130 of 2007; L.N. 144 of 2022)

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

73. Improvement notices
(1) Where the Director is of the opinion that a person—
(a) is contravening a requirement under this Ordinance; or
(b) has contravened such a requirement in circumstances that make it likely that the contravention will continue or be repeated,
he may serve on him a notice stating that he is of that opinion, specifying the requirement as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and directing that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against that direction may be made under section 87) as is specified in that notice.
(2) An improvement notice may include instructions as to the measures to be taken to remedy any contravention or matter to which such notice relates, and any such instructions may be framed—
(a) to any extent by reference to any code of practice approved under section 8; and
(b) so as to afford the person on whom the notice is served a choice between different ways of remedying such contravention or matter.
(3) Subject to subsection (4), a direction specified in an improvement notice shall take effect immediately or on such later date, if any, as is specified in such notice, notwithstanding that an appeal has been or may be made under section 87 against such direction.
(4) Where—
(a) an appeal is made under section 87 against a direction specified in an improvement notice; and
(b) the Director is satisfied that the matter to which such direction relates is not an imminent danger to any person or property,
the Director shall suspend that part of such notice which contains such direction upon such terms as he thinks fit and, for that purpose, the Director shall have such powers as are necessary to give effect to that suspension.

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

75. Director to be allowed to board
(1) The coxswain of a local vessel shall allow and assist the Director to board the vessel as soon as he comes alongside the vessel and shall give to the Director such information as he may be required to give under this Ordinance.
(2) Any coxswain or crew member of a local vessel who—
(a) fails to allow, or fails to assist, the Director to board the vessel; or
(b) delays or impedes the Director from boarding the vessel,
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

76. Proof of identity of coxswain, etc. in proceedings
If, in any proceedings for an offence under this Ordinance involving a local vessel, there is produced to the court or a magistrate a statement furnished under section 63 which—
(a) purports to have been signed by the accused person; and
(b) states that the accused person was the coxswain, person in charge or person in control of the vessel at the time of the offence,
the court or magistrate shall admit the statement as prima facie evidence that the accused person was the coxswain, person in charge or person in control of the vessel at the time of the offence.

76A. Proof of identity of agent in proceedings
If, in any proceedings for an offence under this Ordinance involving any person appointed as an agent for the owner of a local vessel, there is produced to the court or a magistrate a notice of appointment signed by the owner and the person so appointed, the court or magistrate shall admit the notice as prima facie evidence that the person was the agent for the owner at the time of the offence.
(Added 24 of 2005 s. 14)

77. Use of official log book, etc. in evidence
(1) In any legal proceedings for a contravention of this Ordinance, any entry in the official log book, if any, of a local vessel, deck log book, engine room log book or other similar document, or a document purporting to be a copy of any such entry and to be certified as a true copy by any person specified in subsection (2), shall, until the contrary is proved—
(a) be admitted in evidence and be sufficient evidence of the matters stated therein; and
(b) in the case of such a copy, be presumed that it is so certified.
(2) For the purpose of subsection (1), the persons who may certify copies of entries in an official log book, deck log book, engine room log book or other similar document are—
(a) the Director or any person authorized by him in writing in that behalf;
(b) a magistrate;
(c) a notary public, as defined in the Legal Practitioners Ordinance (Cap. 159).