Page:Merchant Shipping (Security of Ships and Port Facilities) Ordinance (Cap. 582).pdf/4

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Ord. No. 13 of 2004


(2) A reference in this Ordinance to the Convention or the Code is a reference to the Convention or the Code, as the case may be, as amended from time to time.

4. Application to ships and vessels

(1) This Ordinance applies—

(a) to a Hong Kong ship, whether or not it is in Hong Kong;
(b) to a non-Hong Kong ship intending to enter Hong Kong or in Hong Kong; and
(c) for the purposes of imposing restriction for abating or containing any security threat, to any vessel in Hong Kong.

(2) This Ordinance does not apply to—

(a) warships;
(b) naval auxiliaries; and
(c) other vessels owned or operated by a government and used only on government non-commercial service.

5. Extent of application to certain designated port facilities

The Director may specify the extent of application of the Convention and the Code in relation to any designated port facility which—

(a) is used primarily by vessels not engaged on international voyages; and
(b) is required occasionally to serve ships to which this Ordinance applies.

6. Rules

(1) The Secretary may make rules for the purposes of this Ordinance.

(2) Without prejudice to the generality of subsection (1), rules made under this section may—

(a) require compliance with the Convention and the Code in relation to ships and designated port facilities;
(b) create offences for the purpose of paragraph (a) and provide for imprisonment not exceeding 3 years and a fine not exceeding $500,000;
(c) empower the Director to delegate to any recognized security organization functions relating to security of ships or designated port facilities that may be performed by such recognized security organization under the Code subject to the exceptions specified in section 4.3 of part A of the Code;