### Merchant Shipping Ordinance 《商船條例》

115. Payment of remuneration to certain persons
(1) There may be paid out of the revenue to any officer or person appointed under this Ordinance, or to any member of a marine court or court of survey, or to any assessor, such remuneration as this Ordinance directs, or in so far as this Ordinance does not extend as the Chief Executive may direct.
(2) There may be paid out of the revenue all costs and compensation payable by the Chief Executive or the Government in pursuance of this Ordinance.
(3) The fees prescribed by the Chief Executive in Council are hereby declared to be payable to the Director, and the same and all other fees payable under this Ordinance may be recovered in the District Court as a civil debt. (Amended 17 of 1965 s. 62; 35 of 1969 Schedule)
(Amended 64 of 1999 s. 3)

117. Prosecution of offences
(1) (Repealed 64 of 1999 s. 3)(2) Any offence under this Ordinance may be prosecuted, heard and determined summarily by any magistrate in accordance with the provisions of the Magistrates Ordinance (Cap. 227). (Amended 63 of 1970 s. 5; 50 of 1991 s. 4; 64 of 1999 s. 3) [cf. 1932 c. 9 s. 72 U.K.]

### Merchant Shipping Ordinance 《商船條例》

118. Dispensing power and exemption
(1)  The Chief Executive may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any vessel from any specified requirement contained in, or prescribed in pursuance of, this Ordinance, or dispense with the observance of any such requirement in the case of any vessel, if he is satisfied that that requirement has been substantially complied with in the case of that vessel, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject matter of the requirement in the case of the vessel is as effective as, or more effective than actual compliance with the requirements:
Provided that the Secretary for Transport and Logistics shall in the month of January in each year lay before Legislative Council a special report stating the cases in which the Chief Executive has exercised his powers under this subsection during the preceding year, and the grounds upon which action has been taken in each case. (Amended 17 of 1957 s. 3; L.N. 362 of 1997; 64 of 1999 s. 3; L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022) 
(2) This Ordinance shall not, except where otherwise specially provided, apply to the ships of war of the Chinese People’s Liberation Army or to the ships of war of any foreign state. (Amended 17 of 1965 s. 63; 76 of 1978 s. 81; 23 of 1998 s. 2; 2 of 2012 s. 3)
[cf. 1906 c. 48 s. 78 U.K.]

120. Validation
For the avoidance of doubt, it is declared that the Shipping and Port Control (Fees) Ordinance 1986 (25 of 1986) shall apply in relation to any port dues or other fees or charges specified in regulations made before its commencement#, and not revoked prior thereto, as it applies in relation to port dues and other fees and charges prescribed thereafter.
(25 of 1986 s. 4 incorporated)Editorial Note:# Commencement date: 16 May 1986.

### Merchant Shipping (Marine Courts) Regulations 《商船(海事法庭)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Marine Courts) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
Director (處長) means the Director of Marine;
investigation (調查) means an investigation by a marine court as to a casualty affecting a ship and an inquiry by a marine court into a charge of incompetency or misconduct on the part of the master or a mate or engineer of a ship;
marine court (海事法庭) means a marine court appointed under section 52 of the Ordinance.

3. Notice of investigation
(1) Where a marine court has been appointed to make an investigation as to a casualty affecting a ship, the Director shall cause a notice of investigation in the prescribed form to be served on the owner, or the agent in Hong Kong of the owner, of the ship and on any other person who in his opinion ought to be served with the notice.
(2) Where a marine court has been appointed to inquire into a charge of incompetency or misconduct on the part of the master or a mate or engineer of a ship, the Director shall cause a notice of investigation in the prescribed form to be served on the master, mate or engineer.
(3) A notice of investigation shall—
(a) specify the time and place at which the investigation will commence; and
(b) be accompanied by a statement of the questions which, on the information then in his possession, the Director considers that the marine court will be called upon to determine.

4. Amendment of notice of investigation
(1) The Director may, at any time before the investigation commences, by a subsequent notice amend the statement of questions accompanying the notice of investigation served pursuant to paragraph (2) of regulation 3.
(2) Such notice shall be served, before the investigation commences, on each person on whom the notice of investigation was served.

6. Parties to proceedings
(1) The Director and each person on whom a notice of investigation has been served under regulation 3 shall be a party to the investigation.
(2) Any other person may, by leave of the marine court, appear at an investigation, and any person so appearing shall also be a party to the investigation.

7. Representation at investigation
(1) The Director may be represented at an investigation by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87) or by counsel or a solicitor.
(2) Any other party to an investigation, and any other person who is required to give evidence or produce documents before a marine court, may be represented by counsel or a solicitor.