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

23H. Bankruptcy, etc. of insured persons not to affect certain claims by third parties
(1) Where—
(a) a policy of insurance has been issued for the purposes of section 23C(1) in favour of any person; and
(b) an event mentioned in section 2(1) or (2) of the Third Parties (Rights against Insurers) Ordinance (Cap. 273) happened in relation to any person insured by the policy,
the happening of the event shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 23D(1)(c).
(2) Nothing in this section shall affect any rights against the authorized insurer conferred by the Third Parties (Rights against Insurers) Ordinance (Cap. 273) on the person to whom the liability was incurred.
(3) Where—
(a) an insured person has rights against an authorized insurer under a policy of insurance issued for the purposes of section 23C(1); and
(b) the rights are by virtue of section 2 of the Third Parties (Rights against Insurers) Ordinance (Cap. 273) transferred to and vested in a third party,
the Court of First Instance has power to hear and determine a claim by the third party against the authorized insurer under the policy notwithstanding that the authorized insurer is not within the jurisdiction of the Court.

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

23J. Duty of person against whom claims are made to give information as to insurance
(1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under section 23D(1)(c) shall—
(a) on demand by or on behalf of the person making the claim, state—
(i) whether or not he was insured in respect of that liability by any policy of insurance having effect for the purposes of this Part; or
(ii) whether or not he would have been so insured if the authorized insurer had not avoided or cancelled the policy; and
(b) if he was or would have been so insured, give particulars with respect to that policy.
(2) If, without reasonable excuse, any person fails to comply with subsection (1), or wilfully makes any false statement in reply to any such demand, he commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months.

23K. Requirements as to production of policy of insurance
(1) This section applies to a local vessel to which this Part applies which is being used in the waters of Hong Kong.
(2) Upon a requirement made by an authorized officer, the owner, charterer or coxswain of a vessel shall—
(a) produce for inspection a policy of insurance that complies with this Part; or
(b) within 5 days after the date on which the requirement was made, produce in person at a place specified by the officer—
(i) the relevant policy of insurance; or
(ii) satisfactory evidence that such policy of insurance had been in effect on that date,
to an authorized officer for inspection.
(3) If the owner, charterer or coxswain contravenes subsection (2), he commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months.

24. Power to give directions
The Director may give to an owner or his agent or to a coxswain of, or other person who appears to the Director to have control over, a local 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;
(g) for preventing pollution of the waters of Hong Kong.

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

25. Power to give directions by notice in the Gazette
(1) Without prejudice to the generality of section 24, the Director may, by notice in the Gazette, give to an owner or his agent or to a coxswain of, or other person who appears to the Director to have 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 84(5) or (6), subsections (1), (2), (3) and (4) of that section shall not apply to a direction given in a notice under subsection (1).

26. 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 coxswain of the vessel commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.