Page:Air Pollution Control (Fuel for Vessels) Regulation (Cap. 311AB).pdf/7

Air Pollution Control (Fuel for Vessels) Regulation Part 2—Division 1 Section 4 Part 2 Fuel to be Used by Vessels Division 1—Prohibition of Use of Non-Compliant Fuel 4. Application of Part 2

Subject to section 3, this Part applies to a vessel in the waters of Hong Kong.

5. Use of non-compliant fuel prohibited

(1) A vessel must not use non-compliant fuel for combustion purposes for operating any of its specified machinery.

(2) If subsection (1) is contravened, the owner and the master of the vessel each commits an offence.

(3) A person who commits an offence under subsection (2) is liable on conviction to a fine of $200,000 and to imprisonment for 6 months.

6. Defence for offence under section 5

(1) If a person is charged with an offence under section 5(2), it is a defence for the person to prove—
 * (a) that the person—
 * (i) exercised all due diligence to prevent the contravention of section 5(1); but
 * (ii) was misled by the supplier of the fuel used by the vessel to operate its specified machinery at the material time as to the sulphur content of the fuel;