Page:Merchant Shipping (Security of Ships and Port Facilities) Ordinance (Cap. 582).pdf/8

MERCHANT SHIPPING (SECURITY OF SHIPS AND PORT FACILITIES) ORDINANCE

12. Magistrate’s warrants

(1) An authorized officer shall not enter any part of a ship or a designated port facility which is used solely for dwelling purpose pursuant to section 10 or 11 except by virtue of a warrant issued by a magistrate under subsection (2).

(2) If a magistrate is satisfied by information on oath by an authorized officer that it is necessary, for the purpose of ascertaining whether or ensuring that the provisions of this Ordinance which relate to ships or designated port facilities are complied with, to enter any part of a ship or a designated port facility which is used solely for dwelling purpose pursuant to section 10 or 11, he may issue a warrant to an authorized officer to effect entry.

13. Further provisions as to powers of inspection

(1) An authorized officer shall produce proof of his identity and authority upon request before or on exercising his powers under section 10 or 11.

(2) An authorized officer may, if necessary, use reasonable force in exercising his powers under section 10 or 11.

(3) A person who fails to comply with a requirement or direction made under section 10 or 11 commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

(4) A person who obstructs an authorized officer in exercising his powers under section 10 or 11 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months.

(5) If, in response to a requirement made under section 10(b) or 11(b), a person—
 * (a) produces or gives to an authorized officer any document or information that he knows to be false in a material particular; or
 * (b) produces or gives to an authorized officer any document or information that is false in a material particular and being reckless as to whether the document or information is true in such particular,

the person commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

14. Exemption

(1) The Director may grant exemption from any provision of this Ordinance for—
 * (a) ships engaged on short international voyages on fixed routes between designated port facilities and port facilities outside Hong Kong; or