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

54. Failure to pay port dues
(1) If any port dues are not paid on demand—
(a) where payment is required to be made in advance under section 53(2), the Director may refuse permission for the vessel to enter the waters of Hong Kong;
(b) where payment is required to be made before a vessel leaves the waters of Hong Kong, the Director may refuse permission for the vessel to leave the waters of Hong Kong;
(c) the port dues payable may be recovered as a civil debt from the owner, his agent and the master of the vessel either jointly or severally.
(2) Without prejudice to subsection (1)(c), a master of a vessel who leaves any port or other part of the waters of Hong Kong without paying any port dues which he is required by the Director to pay commits an offence and is liable to a fine at level 2. (Amended E.R. 3 of 2021)
(3) Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under this section may be brought at any time within 2 years next after the commission of the offence.

55. Recovery of port dues by seizure
(1) If the owner or his agent or the master of a vessel fails on demand to pay any port dues payable in respect of the vessel, the Director may, without prejudice to section 54, board the vessel and seize the goods, tackle, or any thing belonging to, or on board, the vessel, and detain such goods, tackle or thing until the port dues are paid.
(2) If payment of the port dues is not made within the 3 days following the seizure, the Director may, at any time during the continuance of the non-payment, cause the goods, tackle or thing seized to be appraised by 2 persons (other than public officers) appointed for that purpose by the Director, and thereupon sell the same and apply the proceeds in payment of the port dues and all reasonable expenses incurred by him under this section, and pay the balance (if any) on demand to the owner or master of the vessel.

56. Power to declare ports
The Secretary for Transport and Logistics may, by order published in the Gazette, declare any area of the waters of Hong Kong to be a port.
(Amended 4 of 1995 s. 4; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

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

57. Power of Chief Executive to give directions
(1) The Chief Executive may give to the Director and to any public officer such directions as he thinks fit, either generally or in any particular case, with respect to the performance or exercise of their respective duties or powers under this Ordinance.
(2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the performance or exercise of his duties or powers under this Ordinance, comply with that direction.
(Amended 64 of 1999 s. 3)

58. 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, duties or powers imposed or conferred upon him under this Ordinance.
(2) Where any function, duty 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, duty 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 section 52(3); (Amended 24 of 2005 s. 43)
(c) under section 63, except in respect of a provision specified for the purposes of this section in the Schedule; or (Replaced 46 of 1981 s. 9. Amended 24 of 2005 s. 43)
(d) to make exemptions under any regulation made under section 80(1)(i)(i), except in respect of a provision specified for the purposes of this section in the Schedule. (Added 24 of 2005 s. 43)
(4) The Chief Executive in Council may, by order published in the Gazette, amend the Schedule. (Added 46 of 1981 s. 9. Amended 64 of 1999 s. 3)

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

59. Powers of authorized officers
(1) Without prejudice to any other provision of this Ordinance, an authorized officer may, at any time of day or night, stop and board any vessel in the waters of Hong Kong, other than a warship, for the purpose of—
(a) inspecting or searching the vessel or any part thereof;
(b) investigating any occurrence specified in section 67(1), whether or not such occurrence has been reported to the Director under that section;
(c) making such examination and investigation as may be necessary where any provision of this Ordinance or any other enactment has been contravened in respect of the vessel or by any person on board the vessel, or where an authorized officer has reasonable grounds for suspecting that such contravention has taken place;
(d) directing the conduct of any other authorized officer who may be on board the vessel;
(e) observing, inspecting or searching any person—
(i) for the time being on board the vessel;
(ii) employed, engaged or dwelling on board the vessel; or
(iii) employed or engaged in loading or unloading the vessel; or
(f) taking any action which he considers necessary—
(i) to provide against fire or accident on board the vessel;
(ii) to preserve peace and good order on board the vessel; or
(iii) to prevent or detect any offence under this Ordinance or any other enactment in respect of the vessel or by any person on board the vessel.
(2) Any police officer of or above the rank of Sergeant may— (Amended 60 of 1979 s. 3)
(a) take into custody and remove from any vessel in the waters of Hong Kong, other than a warship, any person who he suspects on reasonable grounds of—
(i) having committed an offence under this Ordinance or any other enactment; or
(ii) having boarded, or remained on board, the vessel without the permission of the owner or his agent or of the master of the vessel. (Amended E.R. 3 of 2021)
(b) (Repealed 43 of 1999 s. 91)(3) An authorized officer boarding a vessel under subsection (1) may take with him such persons as may be necessary to assist him for the purposes of this section.
(4) The master of a vessel, when required to stop the vessel by an authorized officer in the exercise of his powers under subsection (1), shall stop the vessel and permit the authorized officer to board the vessel.
(5) Any master who without reasonable excuse—
(a) fails to comply with a direction given under subsection (2)(b); or
(b) contravenes subsection (4),
commits an offence and is liable to a fine at level 2. (Amended E.R. 3 of 2021)