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

60. Powers of investigating officers
(1) Subject to subsection (3), for the purpose of any investigation by an inspector under section 39 or by an authorized officer under section 59, an inspector or authorized officer may—
(a) require that the vessel which he has boarded or any part of it, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary to carry out the investigation;
(b) take such measurements and photographs and make such recordings as he considers necessary;
(c) inspect, seize and remove from the vessel any article or substance in respect of which he suspects on reasonable grounds that an offence under this Ordinance or any other enactment has been committed;
(d) in the case of any article or substance removed under paragraph (c), detain it for so long as is necessary—
(i) to examine it and to cause it to be subjected to any process or test;
(ii) to ensure that it is not tampered with before the examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Ordinance or any other enactment;
(e) require any person whom he has reasonable cause to believe to be able to give any information relevant to the investigation to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector or authorized officer may allow to be present) such questions as the inspector or authorized officer thinks fit to ask and to sign a declaration of the truth of his answers;
(f) require the production of, inspect, and take copies of any entry in, the log book of the vessel or any document which it is necessary for him to see for the purposes of the investigation.
(2) No answer given by a person in pursuance of a requirement imposed under subsection (1)(e) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings.
(3) For the purpose of an investigation under section 39, the powers of an inspector shall be limited to matters to which Part V relates or to offences under that Part.
(4) Any person who—
(a) contravenes any requirement imposed by an inspector or authorized officer under subsection (1);
(b) prevents any other person from appearing before an inspector or authorized officer or from answering any question to which an inspector or authorized officer may by virtue of subsection (1)(e) require an answer,
commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 3 of 2021)
[cf. 1974 c. 37 s. 20 U.K.]

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

60B. Obligation to give certain information
(1) Where—
(a) a vessel is involved in any occurrence specified in section 67(1); or
(b) the master, person in charge or person in control of a vessel is suspected of having committed an offence under this Ordinance involving the use of the vessel,
the Director may, within 3 months after the occurrence or alleged offence, serve on the owner of the vessel a written notice requiring him to furnish to the Director, within 21 days after the date of the notice, a written statement signed by the owner, specifying the name and address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence.
(2) Subject to subsection (3), an owner who fails to comply with a notice served on him under subsection (1) within the time specified in that subsection commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 3 of 2021)
(3) In proceedings for an offence under subsection (2), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the master, person in charge or person in control of the vessel at the time of the occurrence or alleged offence referred to in subsection (1).
(4) The provisions of this section shall be in addition to and shall not derogate from section 67.
(Added 46 of 1981 s. 10)

60C. Proof of identity of master etc. in proceedings
If, in any proceedings for an offence under this Ordinance involving a vessel, there is produced to the court or a magistrate a statement furnished under section 60B, which—
(a) purports to have been signed by the accused person; and
(b) states that the accused person was the master, 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 master, person in charge or person in control of the vessel at the time of the offence.
(Added 46 of 1981 s. 10)

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

61. Giving of directions and offence of non-compliance
(1) A direction given under this Ordinance may be given orally or in writing, or by means of signals.
(2) If requested by any person who is given a direction orally or by means of signals the person giving the direction shall confirm the direction in writing.
(3) A direction given under this Ordinance shall be complied with—
(a) forthwith; or
(b) where a time limit for compliance is specified in the direction, within such time limit,
notwithstanding that the direction has not been confirmed under subsection (2).
(4) Where under this Ordinance a direction may be given to a master of a vessel it shall be sufficient if the direction is given to a person on board the vessel who is on duty to accept any direction on behalf of the master, and if there is no such master or such master cannot be traced, the direction may be given to the owner of the vessel or his agent or to any other person who appears to the person giving the direction to be in control of the vessel at that time.
(5) The giving of a direction under this Ordinance shall not diminish or in any way affect the responsibility of the master in relation to his vessel, persons on board, its cargo or any other person or property.
(6) Without prejudice to any other express penalty for failure to comply with a direction, any person who without reasonable excuse fails to comply with a direction given to him under this Ordinance commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 3 of 2021)