Page:Merchant Shipping (Security of Ships and Port Facilities) Ordinance (Cap. 582).pdf/5

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Ord. No. 13 of 2004


(d) make procedural provision for the delegation pursuant to the power under paragraph (c);
(e) provide for the setting of security levels by the Director;
(f) empower the Director or any person designated by him to give security instructions when the highest security level is set;
(g) make provision for appeal against a decision made by the Director under this Ordinance;
(h) require compliance with requirements of the security levels referred to in paragraph (e) in relation to ships and designated port facilities;
(i) require compliance with security instructions referred to in paragraph (f);
(j) confer on the Director any power that may be exercised by—
(i) a Contracting Government;
(ii) an Administration; or
(iii) any person who is authorized by a Contracting Government,
under Chapter XI-2 of the Convention or the Code;
(k) make provision for—
(i) the specification of the extent of application under section 5; and
(ii) the designation of designated port facilities under section 7;
(l) empower the Director to charge fees and make provision for the recovery of such fees;
(m) empower the Director to declare any area of the waters of Hong Kong to be an area closed to all vessels or to any class or type of vessels for security reasons.

(3) The rules made under this section, to the extent required for the operation of section 4, have effect outside Hong Kong.

(4) The rules made under this section may amend the Schedule to the Administrative Appeals Board Ordinance (Cap. 442) to make any decision made under the rules subject to appeal under that Ordinance.

7. Designation of designated port facility

(1) The Director may by notice published in the Gazette—

(a) designate any port facility as a designated port facility;
(b) vary any particulars of a designated port facility including the delineation of its boundary, its hours of operation and its name; or
(c) declare that a designated port facility ceases to be a designated port facility.

(2) A notice published under subsection (1) is not subsidiary legislation.