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ENFORCEMENT POWERS OF THE MARINE DEPARTMENT (Merchant Shipping Ordinance (MSO) 1952)


The Marine Department, under the Merchant Shipping Ordinance (MSO) 1952, has various enforcement powers aimed at ensuring safety at sea, protecting the marine environment, and regulating shipping activities. While I can provide a general overview, it's important to consult the actual legal text or a legal expert for precise interpretations. ### Key Enforcement Powers of the Marine Department under MSO 1952: 1. **Inspection Powers**: - Authorized officers from the Marine Department are empowered to board and inspect any ship to ensure compliance with safety and operational standards, registration, and other regulations set forth under the ordinance. 2. **Issuance of Directions**: - The Department can issue directions to shipowners and operators regarding the operation of vessels, modification of safety procedures, and compliance with environmental regulations. 3. **Detention of Vessels**: - If a vessel is found to be unfit for service or poses a danger to safety or the environment, enforcement officers have the authority to detain the vessel until it meets safety and compliance standards. 4. **Investigation Powers**: - The Department has the authority to carry out investigations into shipping incidents, accidents, or any other matters concerning maritime safety and compliance. This includes gathering evidence, interviewing witnesses, and examining records. 5. **Penalties and Offenses**: - The MSO outlines various offenses related to non-compliance, such as operating without proper certification, breach of safety regulations, and pollution violations. The Marine Department has the authority to impose fines, pursue prosecutions, and take other legal actions. 6. **Licensing and Certification**: - The Marine Department is responsible for issuing licenses and certificates vital for vessel operations, including those for crew and equipment. It also has the power to suspend or revoke these licenses if compliance is not maintained. 7. **Regulatory Framework**: - To carry out its enforcement powers, the Marine Department issues regulations, codes, and guidelines that ship operators are required to follow. This framework sets standards for safety, pollution prevention, and operational protocols. 8. **Collaboration with Other Agencies**: - The Marine Department may work in conjunction with other government agencies and organizations, both local and international, for comprehensive maritime safety enforcement and maritime law compliance. ### Conclusion The enforcement powers of the Marine Department under the Merchant Shipping Ordinance 1952 are vital for ensuring maritime safety, environmental protection, and the overall regulation of the shipping industry. For specific cases, legal counsel or the latest regulations should be consulted to understand the full scope and applicability of these powers.