### Marine Parks Ordinance 《海岸公園條例》

22. Licences and permits
(1) Notwithstanding any provision of this Ordinance, the Authority may grant to any person a licence or permit in writing upon such terms and conditions as he thinks fit to do anything which is controlled under this Ordinance and may, after seeking the advice of the Board, grant to any person a licence or permit in writing upon such terms and conditions as he thinks fit to do anything which is otherwise prohibited under this Ordinance.
(2) Any person aggrieved by the decision of the Authority in relation to the granting of or refusal to grant a licence or permit may, within 21 days of being notified of the decision of the Authority, appeal to the Administrative Appeals Board.
(3) A decision of the Authority against which an appeal is brought under subsection (2) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Authority, be contrary to the public interest and the notice of the decision contains a statement to that effect.

23. Protection of the Government and public officers
(1) No liability shall rest on the Government or upon any public officer by reason of the fact that any licence or permit is granted under this Ordinance.
(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance.
(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission.

24. Authorized officers
The Authority may, subject to such limitations as he thinks fit, authorize in writing any public officer or class of public officers to exercise any of the powers or perform any of the duties conferred or imposed on an authorized officer under this Ordinance or any regulation made thereunder.

### Marine Parks Ordinance 《海岸公園條例》

25. Powers of inspection, search, seizure and arrest
(1) If an authorized officer has reasonable grounds for suspecting that a person has committed or is about to commit or intends to commit an offence under this Ordinance or any regulation made thereunder, he may without warrant and upon production of written evidence of his identity—
(a) stop the person or, where the person is on board a vessel, stop and board that vessel for the purpose of requiring that the person produce for inspection—
(i) proof of his identity;
(ii) any licence or permit for the activities or works which he has carried out or is about to carry out or intends to carry out;
(b) detain the person for a reasonable period while the authorized officer inquires about the suspected commission of the offence;
(c) search the person, his property and the vessel for anything that is likely to be of value to the investigation of the offence;
(d) seize any marine life or resources, or any utensils, equipment or appliances believed to be or to be capable of being evidence of the commission of the offence; and
(e) detain the vessel which he is empowered by this section to stop, board and search until it has been searched.
(2) It shall be lawful for an authorized officer to arrest without warrant any person whom he reasonably suspects of having committed an offence under this Ordinance or any regulation made thereunder if it appears to the authorized officer that service of a summons is impracticable because—
(a) the name of the person is unknown to, and cannot readily be ascertained by, the authorized officer;
(b) the authorized officer has reasonable grounds for doubting whether a name given by the person as his name is his real name;
(c) the person has failed to give a satisfactory address for service; or
(d) the authorized officer has reasonable grounds for doubting whether an address given by the person is a satisfactory address for service.
(3) If any person who may lawfully be arrested under subsection (2) forcibly resists the endeavour to arrest him or attempts to evade the arrest, an authorized officer may use all means necessary to effect the arrest.

26. Taking arrested person to police station
Where an authorized officer arrests a person under section 25 he shall forthwith take the person to the nearest police station and shall there hand him over to the custody of a police officer and thereupon the provisions of the Police Force Ordinance (Cap. 232) shall apply.

27. Assaulting or resisting or obstructing authorized officer
Any person who assaults or resists or obstructs any authorized officer in the execution of his duty commits an offence and is liable on conviction to a fine at level 3.

### Marine Parks Ordinance 《海岸公園條例》

28. Application of Ordinance to the Government
(1) Subject to this section, this Ordinance shall bind the Government.
(2) Sections 9, 16, 20 and 21 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Government or any person who does any act which he is required to do in the course of carrying out his duties in the service of the Government.
(3) If it appears to the Authority that there has been a contravention of section 9, 16 or 21 or any regulation made under section 20 by any person in the course of carrying out his duties in the service of the Government, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(4) On receipt of a report under subsection (3) the Chief Secretary for Administration shall inquire into the circumstances and, if his inquiry shows that a contravention of section 9, 16 or 21 or any regulation made under section 20 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence. (Amended L.N. 362 of 1997)
(5) Any application under this Ordinance for approval for the carrying out of any work or new development or for any licence or permit which is to be, or may be, made by or on behalf of the Government may be made by any public officer on behalf of the Government.
(6) Any order under this Ordinance concerning the cessation of any work or new development and the carrying out of remedial and restoration work which is to be, or may be, served by the Authority on the Government shall be served on the head of the Government department which appears to the Authority to be responsible for the work or new development; and, in the event of any question arising as to which department is responsible, the question shall be determined by the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Government.