(6) If a security instruction given to a designated port facility has been received by the management of the port facility but the management, without reasonable excuse, fails to comply with subrule (4), the management commits an offence and is liable on conviction to a fine of $500,000 and to imprisonment for 3 years.
4. Delegation of functions to recognized security organizations
Subject to the exceptions specified in section 4.3 of part A of the Code, the Director may, in writing, delegate to a recognized security organization his functions relating to security of ships or port facilities under Chapter XI-2 of the Convention and part A of the Code.
5. Declaration of closed area
(1) If the Director reasonably believes that, in order to abate or contain any security threat, it is necessary to close any area of the waters of Hong Kong to all vessels or any class or type of vessels, he may declare that area to be an area closed to those vessels or that class or type of vessels, as the case may be.
(2) If the master of a vessel, without reasonable excuse, causes the vessel to enter a closed area in contravention of a declaration under subrule (1), he commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(3) The Director shall make a declaration under subrule (1) by such means as he thinks fit including—
- (a) publishing a notice which is accessible through the Internet;
- (b) making a public announcement by radio or television; and
- (c) placing a notice in any daily newspaper in circulation in Hong Kong.
PART 2
Ships
6. Hong Kong ships to comply with the Convention
A Hong Kong ship shall comply with regulations 4, 6 and 8 of Chapter XI-2 of the Convention.
