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

44. Prohibition against use of dangerous equipment, etc.
(1) A person in charge of works shall not provide or use, or cause to be provided or used, any machinery, equipment or appliance for the carrying out of the works if the machinery, equipment or appliance is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury.
(2) If the Director or an inspector has reasonable grounds to believe that any machinery, equipment or appliance provided or used for the carrying out of any works is in such a condition or so constructed that it cannot be used without unnecessary risk of accident or bodily injury, the Director or inspector may give directions to the person in charge of works—
(a) prohibiting the use of the machinery, equipment or appliance, or if it is capable of repair or alteration, prohibiting its use until it is repaired or altered as specified in the direction; or
(b) requiring him to take such other steps as may be specified in the directions for remedying the unnecessary risk of accident or bodily injury.
(3) A person in charge of works who—
(a) contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year;
(b) fails to comply with any direction given to him under subsection (2) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months, and to an additional fine of $2,000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director or an inspector on such person. (Amended 70 of 1999 s. 24)

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

45. Prohibition against carrying out works in dangerous conditions
(1) A person in charge of works shall not carry out, or cause to be carried out, any works in a condition or manner that does not provide adequately against unnecessary risk of accident or bodily injury.
(2) If the Director or an inspector has reasonable grounds to believe that any works are being carried out in a condition or manner that does not provide adequately against unnecessary risk of accident or bodily injury, the Director or inspector may give directions to the person in charge of the works requiring him to take such steps as may be specified in the directions for remedying the unnecessary risk of accident or bodily injury.
(3) A person in charge of works who—
(a) contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year;
(b) fails to comply with any direction given to him under subsection (2) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months, and to an additional fine of $2,000 for each day during which such failure to comply continues after notice requiring compliance with the direction has been served by the Director or an inspector on such person. (Amended 70 of 1999 s. 25)

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

45A. Code of practice
(1) For the purpose of providing practical guidance in respect of any one or more of the requirements of this Part or of regulations made under this Ordinance, the Director may issue such codes of practice (whether prepared by the Director or not) as the Director considers appropriate.
(2) The Director may amend or revoke a code of practice issued by him under subsection (1).
(3) Where the Director exercises a power under subsection (1) or (2), he shall as soon as may be reasonably practicable publish notice thereof in the Gazette and the notice shall be in such form as the Director considers appropriate.
(4) A failure by any person to observe a provision of an approved code shall not of itself cause him to incur any criminal liability, but where—
(a) in any criminal proceedings the defendant is alleged to have committed an offence either—
(i) by reason of a contravention of or a failure to comply with, whether by act or omission, this Ordinance or regulations under this Ordinance; or
(ii) by reason of a failure to discharge or perform a duty imposed by this Ordinance or such regulations; and
(b) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court, an approved code relates,
then subsection (5) shall apply as regards to the proceedings.
(5) In any criminal proceedings to which this subsection applies, the following, namely—
(a) compliance with a provision of an approved code found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates;
(b) a contravention of or a failure to comply with, whether by act or omission, any such provision so found,
may be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in the proceedings.
(6) In any criminal proceedings, any document which purports to be a copy of a particular approved code shall, in the absence of evidence to the contrary, be regarded by the court as being a true copy of that code.
(Added 70 of 1999 s. 26)

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

46. Interpretation
In this Part—
dark smoke (黑煙) means smoke which would appear to be as dark as, or darker than, shade 2 on a specified chart; (Added 13 of 2014 s. 5)
mixture containing oil (含油混合物) means any mixture of oil with water or with any other substance, and any waste consisting of or arising from oil;
occupier (佔用人), in relation to—
(a) a place on land, if it has no occupier, means the owner thereof; and
(b) a vehicle, means the person in charge of the vehicle and not the occupier of the land on which the vehicle stands;

oil (油) means oil of any description, spirit produced from oil of any description and coal tar;
smoke (煙霧) includes soot, ash, grit and gritty particles emitted in smoke or steam; (Amended 13 of 2014 s. 5)
specified chart (指明圖表) means a shade chart of the type known on the commencement date* of the Shipping Legislation (Control of Smoke Emission) (Amendment) Ordinance 2014 (13 of 2014) as a Ringelmann Chart and includes a Micro-Ringelmann Chart. (Added 13 of 2014 s. 5)
Editorial Note:
* Commencement date: 18 July 2014.

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

47. Discharge of oil into the waters of Hong Kong
(1) If any oil or mixture containing oil is discharged into the waters of Hong Kong, then the following commit an offence—
(a) the person by whom the oil or mixture containing oil is so discharged or caused to be discharged; and
(b) whether or not the person referred to in paragraph (a) has been charged with an offence—
(i) if the discharge is from a local vessel, the owner and the coxswain of the vessel, unless the owner or coxswain, as the case may be, proves that the discharge took place and was caused as mentioned in subparagraph (ii);
(ii) if the discharge is from a local vessel but takes place in the course of a transfer of oil to or from another vessel or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other vessel or that place, the owner and the coxswain of that other vessel or, as the case may be, the occupier of that place;
(iii) if the discharge is from a place on land, the occupier of that place, unless he proves that the discharge was caused by the act of a person who is in that place without the permission (express or implied) of the occupier;
(iv) if the discharge takes place otherwise than as mentioned in subparagraph (i), (ii) or (iii) and is the result of any operations for the exploration of the seabed and subsoil or the exploration of their natural resources, the person carrying on the operations.
(2) Reference in subsection (1) to the discharge of oil or mixture containing oil, or to its being discharged, from a local vessel or place on land includes a reference to the escape of the oil or mixture containing oil, or (as the case may be) to its escaping, from that vessel or place on land.
(3) Any person who commits an offence under this section is liable on conviction to a fine of $200,000.