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Dangerous Goods (Shipping) Regulation 2012

Part 2

L.N. 56 of 2012

Section 8

B2461


(6) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 months.

8. Anchoring and berthing of type 1 vessels carrying Class 1 dangerous goods

(1) Unless the Director otherwise permits, a type 1 vessel carrying on board Class 1 dangerous goods must not anchor or berth at any place within the waters of Hong Kong other than at—

(a) the western dangerous goods anchorage; or
(b) a place that the Director may from time to time direct.

(2) A type 1 vessel carrying on board Class 1 dangerous goods that has anchored or berthed in accordance with subsection (1) must remain anchored or berthed unless the Director permits or directs otherwise.

(3) Subsection (2) does not apply if there is an emergency situation or if, to ensure the safety of persons on board the vessel or at the berth, it becomes necessary to move the vessel.

(4) If subsection (1) or (2) is contravened, the master of the vessel commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

(5) It is a defence to a charge under subsection (4) if the person charged proves that—

(a) the offence was committed without the person’s consent or connivance; and
(b) having regard to all the circumstances, the person exercised all the due diligence that the person ought to have exercised to prevent the commission of the offence.