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

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L. S. NO. 2 TO GAZETTE EXT. NO. 10/2004
L.N. 130 of 2004
B1053

“ship security officer” (船舶保安官員) means a person designated under rule 9(1)(a);

“ship security plan” (船舶保安計劃) means a plan referred to in section 9 of part A of the Code.

2. Setting of security levels

The Director shall set security levels pursuant to section 4.1 of part A of the Code by publishing a notice which is accessible through the Internet.

3. Security instructions

(1) Where security level 3 is set by the Director, the Director may give such security instructions as he thinks fit to—

(a) a Hong Kong ship;
(b) a non-Hong Kong ship in the waters of Hong Kong; or
(c) a designated port facility.

(2) Security instructions referred to in subrule (1) shall be given by such means as the Director thinks fit including—

(a) publishing a notice which is accessible through the Internet;
(b) making a public announcement by radio or television;
(c) placing a notice in any daily newspaper in circulation in Hong Kong; and
(d) issuing a notice to the company or the master of the ship or the management of the designated port facility.

(3) The Director may delegate his power under subrule (1) to such persons as he thinks fit.

(4) The company and the master of a ship or the management of a designated port facility to which a security instruction is given by the Director under subrule (1) shall—

(a) ensure that the security instruction is complied with without undue delay; and
(b) where it is impracticable to comply with paragraph (a), notify the Director of that fact without undue delay.

(5) If a security instruction given to a ship in the waters of Hong Kong has been received by the company or the master of the ship but the company or the master, without reasonable excuse, fails to comply with subrule (4), the company or the master (as the case may be) commits an offence and is liable on conviction to a fine at level 5.