MERCHANT SHIPPING (SECURITY OF SHIPS
AND PORT FACILITIES) ORDINANCE
- (b) such designated port facilities,
if they are covered by an agreement between the Government and another Contracting Government on alternative security arrangements.
(2) The Director may grant exemption from any provision of this Ordinance for a Hong Kong ship or a class of Hong Kong ships if he is satisfied that security measures which are at least as effective as those provided for in the provision have been implemented in relation to the ship or class of ships.
(3) The Director may grant exemption from any provision of this Ordinance for a designated port facility or a class of designated port facilities which is not covered by an agreement referred to in subsection (1) if he is satisfied that security measures which are at least as effective as those provided for in the provision have been implemented in relation to the port facility or the class of port facilities.
15. Master’s discretion for ship safety and security
If the master of a ship takes or executes any decision which, in his professional judgment, is necessary to maintain the safety and security of the ship, the taking or execution of that decision shall not by itself constitute a breach of any duty owed to any person by him under any contract (including an employment contract).
16. Duty to avoid undue detention or delay
(1) When the Government—
- (a) imposes control measures under paragraph 1 of Regulation XI-2/9 of the Convention; or
- (b) takes steps under paragraph 2 of that Regulation,
it has a duty to make all possible efforts to avoid a ship being unduly detained or delayed.
(2) Failure to discharge the duty under subsection (1) shall, for the purpose of the law of tort, be a breach of statutory duty.
17. Access to Convention and Code
The Director shall—
- (a) keep a copy of the English and Chinese texts of Chapter XI-2 of the Convention and the Code at his office; and
- (b) allow the public to inspect such texts during normal business hours free of charge.
