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

12. Power to detain vessels
(1) Where—
(a) a vessel is refused permission to leave the waters of Hong Kong under section 11B; or (Amended 70 of 1999 s. 5)
(b) it is provided in this Ordinance that under specified conditions a vessel shall not leave any port or the waters of Hong Kong,
the Director may take such steps as are necessary to detain the vessel in such port or waters.
(2) If the Director incurs any cost in detaining a vessel under subsection (1), he may recover the cost—
(a) as a civil debt from the owner or master of the vessel; or
(b) under section 55 as if the cost represented port dues payable in respect of the vessel.
(3) Where any vessel not registered in Hong Kong is detained under subsection (1), notice thereof shall be given to the consular officer for the State to which the vessel belongs, and if there is no such consular officer to the master of the vessel, and such notice shall specify the grounds on which the vessel has been detained. (Amended 23 of 1998 s. 2)

13. Penalty for taking detained vessel to sea
(1) If a vessel which is detained under section 12 proceeds to sea the master, and the owner or his agent if he is party or privy to such action, commit an offence and each of them is liable to a fine at level 5 and to imprisonment for 2 years. (Amended E.R. 3 of 2021)
(2) Where a vessel proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty—
(a) the master and the owner or his agent, in addition to committing an offence under subsection (1), commit an offence under this subsection and each of them is liable to a fine at level 4 and to imprisonment for 6 months, and to an additional fine of $1,000 for each day during the period from the date on which the vessel proceeded to sea until the date on which the officer is returned to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (Amended E.R. 3 of 2021)
(b) the master and the owner and his agent shall be jointly and severally liable to pay all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong, and all such expenses may be recovered in the same manner as a fine.

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

14. Director to be allowed to board
(1) When a ship arrives within the waters of Hong Kong, the master of the ship shall allow and assist the Director to board the ship as soon as he comes alongside the ship and shall give to the Director such information as he may be required to give under this Ordinance.
(2) Any master or officer of a ship who—
(a) fails to allow, or fails to assist, the Director to board the ship; or
(b) delays or impedes the Director from boarding the ship,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 3 of 2021)

15. Port clearance to be obtained before departure
(1) Subject to subsection (2), no vessel shall proceed to sea unless there is in relation to the vessel a valid port clearance in writing obtained in the prescribed manner.
(2) Subsection (1) shall not apply—
(a) to any warship or other ship for the time being used by the Chinese People’s Liberation Army, the Central People’s Government or the Government of any State for other than commercial purposes; (Amended 2 of 2012 s. 3)
(b) to any vessel for the time being used by the Hong Kong Government;
(c) to any vessel of a class that is exempted by the Director by notice in the Gazette from the operation of this section;
(d) to any vessel that is obliged to leave any port or the waters of Hong Kong due to weather conditions, or other circumstances beyond the control of its master, in the interests of safety of the vessel, its cargo, crew or passengers.
(3) If subsection (1) is contravened, the master commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 3 of 2021)

16. Power to give directions
The Director may give to an owner or his agent or to a master of, or other person who appears to the Director to be in control over, a vessel such directions as he thinks fit in any particular case—
(a) for controlling the vessel when entering or leaving the waters of Hong Kong;
(b) for controlling the navigation and movement of the vessel in the waters of Hong Kong;
(c) as to the place and manner in which the vessel shall be berthed, moored, anchored or secured;
(d) for the removal of the vessel from any berth, mooring or anchorage to another berth, mooring or anchorage;
(e) prohibiting the berthing, mooring or anchoring of the vessel in any particular place;
(f) for ensuring the safety of, or preventing the outbreak of fire on, the vessel in the waters of Hong Kong. (Amended 46 of 1981 s. 5)

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

16A. Power to give directions generally
(1) Without prejudice to the generality of section 16, the Director may, by notice in the Gazette, give to an owner or his agent or to a master of, or other person who appears to the Director to be in control over, any vessel belonging to a class, type or description of vessel specified in the notice such directions as he thinks fit in respect of any matter in relation to which the Director may give directions under that section.
(2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period.
(3) It is hereby declared that a notice under subsection (1)—
(a) is subsidiary legislation;
(b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice.
(4) Without prejudice to the generality of section 61(5) or (6), sections 61(1), (2), (3) and (4) and 66 shall not apply to a direction given in a notice under subsection (1).
(Added 15 of 1995 s. 2)

16B. Closure of waters
(1) Where the Director reasonably believes that it is necessary in the interests of safety to close any area of the waters of Hong Kong to all vessels, or to any vessel belonging to any class, type or description of vessel, he may, by notice in the Gazette, close that area to such vessels or vessel, as the case may be.
(2) A notice under subsection (1) which has not been repealed, or which has not expired, on or before the effluxion of the period of 6 months immediately following the day on which it is published in the Gazette shall expire on the day immediately following that period.
(3) It is hereby declared that a notice under subsection (1)—
(a) is subsidiary legislation;
(b) may be in the same terms as another notice under that subsection where that first-mentioned notice is to come into operation upon or after the expiration of that second-mentioned notice;
(c) shall not apply to any vessel which is being used for any fire services, ambulance, police, customs and excise or Marine Department purpose if compliance with the notice is likely to hinder the use of that vessel for that purpose.
(4) If without reasonable excuse a vessel the subject of a notice under subsection (1) enters an area of the waters of Hong Kong the subject of that notice, the master of the vessel commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Added 15 of 1995 s. 2)