Clause 4

If in the opinion of the Authority any vessel or aircraft sunk, stranded or abandoned in the port or in any approach to the port or near any such approach is, or is likely to become, an obstruction, impediment or danger to navigation or to the safe and convenient use or operation of the port, the Authority may —

take possession of and raise, remove or destroy the whole or any part of such vessel or aircraft;

light, mark or buoy such vessel or aircraft until the raising, removal or destruction thereof; and

sell, in such manner as it thinks fit, any such vessel or aircraft together with its cargo or anything else associated with it and out of the proceeds of sale reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section, and shall on demand pay the surplus, if any, of the proceeds of such sale to the owner.(2) If the proceeds of sale under subsection (1) of this section are insufficient to reimburse the Authority for the whole expenses incurred by it, the Authority may recover the balance from the owner of the vessel or aircraft as a debt in any court of competent jurisdiction.(3) For the purposes of this section “owner” includes not only the owner of the vessel or aircraft at the time of the sinking, stranding or abandonment thereof but also any purchaser of any such vessel or aircraft so long as the same remains sunk, stranded or abandoned.Removal of obstructions other than vessels or aircraft70B.—

The Authority may take possession of and remove or destroy anything (other than a vessel or aircraft) causing or likely to become an obstruction, impediment or danger in any part of the port or any approach to the port.(2) The Authority may, at such time and in such manner as it thinks fit, dispose of anything removed by it under this section and apply the proceeds of sale towards payment of the expenses incurred by it under this section and any surplus shall be paid to any person who, within three months from the date the thing was removed by the Authority, proves to the reasonable satisfaction of the Authority that he was the owner thereof.(3) If anything removed under this section is unsaleable or is sold by the Authority and the proceeds of sale are insufficient to reimburse the Authority for the expenses incurred by it, the Authority may recover as a debt in any court of competent jurisdiction the deficiency or the whole of the expenses, as the case may be, from the owner of the thing removed by the Authority.(4) The provisions of this section shall not affect the application of section 65 of this Ordinance in respect of obstructions which have been lawfully made or have become lawful.”.