Merchant Shipping (Safety) (Gas Carriers) Regulations
(Cap. 369, sections 101, 107 and 112B)
(Enacting provision omitted—E.R. 5 of 2024)
[2 August 1991]
(Format changes—E.R. 5 of 2024)
These regulations may be cited as the Merchant Shipping (Safety) (Gas Carriers) Regulations.
(Omitted as spent—E.R. 5 of 2024)
In these regulations, unless the context otherwise requires—
1983 IGC Code (《1983年國際氣體規則》) means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to Resolution MSC. 5(48) adopted by the Maritime Safety Committee of IMO on 17 June 1983, as amended by Resolutions MSC. 17(58), MSC. 103(73) and MSC. 177(79) adopted by the Committee and by Schedule 1; (L.N. 420 of 1996; L.N. 74 of 2018) 1993 IGC Code (《1993年國際氣體規則》) means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to Resolution MSC. 5(48) adopted by the Maritime Safety Committee of IMO on 17 June 1983, as amended by Resolutions MSC. 17(58), MSC. 30(61), MSC. 32(63), MSC. 59(67), MSC. 103(73), MSC. 177(79) and MSC. 220(82) adopted by the Committee; (L.N. 420 of 1996; L.N. 74 of 2018) 2014 IGC Code (《2014年國際氣體規則》) means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to Resolution MSC. 370(93) adopted by the Maritime Safety Committee of IMO on 22 May 2014, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 74 of 2018) anniversary date (周年日期), in relation to an International Certificate of Fitness that is in force, means the day and month of each year which corresponds to the expiry date of the certificate; (L.N. 74 of 2018) applicable IGC Code (適用《國際氣體規則》), in relation to a ship, means the 1983 IGC Code, 1993 IGC Code or 2014 IGC Code that the ship is required to comply with under regulation 4; (L.N. 74 of 2018) Cargo Ship Safety Construction Certificate (貨船構造安全證書), Cargo Ship Safety Equipment Certificate (貨船設備安全證書), Cargo Ship Safety Radio Certificate (貨船無線電安全證書) and Cargo Ship Safety Certificate (貨船安全證書) mean respectively the certificates so entitled, issued in conformity with the 1974 SOLAS Convention and, in the case of a Hong Kong ship, under or pursuant to the Ordinance; (L.N. 74 of 2018) constructed (建造), in regulations 3(1) and 4(3), (4) and (5), in relation to a ship, means the stage at which— (a)the keel of the ship is laid; or (b)construction identifiable with the ship begins, and assembly of the ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less; (L.N. 74 of 2018) Director (處長) means the Director of Marine; gas carrier (氣體運輸船) means a cargo ship constructed or adapted and used for the carriage in bulk of— (a)any liquefied gas listed in Chapter 19 of the applicable IGC Code; or (b)any other substance listed in that Chapter; (L.N. 74 of 2018) Government surveyor (政府驗船師) means a Government surveyor appointed under section 5 of the Ordinance; (L.N. 74 of 2018) Hong Kong ship (香港船舶) means a ship registered in Hong Kong; IBC Code (《國際散化規則》) means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk set out in the Annex to Resolution MSC. 4(48) adopted by the Maritime Safety Committee of IMO on 17 June 1983, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 420 of 1996; L.N. 74 of 2018) IMO means the International Maritime Organization; (L.N. 74 of 2018) in bulk (散裝) means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located on, a ship; International Certificate of Fitness (國際適裝證書) means— (a)for a Hong Kong ship—a certificate issued under regulation 7; and (b)for any other ship—a certificate issued in conformity with Chapter 1 of the applicable IGC Code by or on behalf of the Administration of the State in which the ship is registered; (L.N. 74 of 2018) issuing authority (發證當局) means— (a)the Director; or (b)an organization approved under section 8 of the Ordinance; (L.N. 74 of 2018) surveyor (驗船師) means— (a)a surveyor appointed by the Director under regulation 6(1); or (b)a Government surveyor; (L.N. 74 of 2018) the 1974 SOLAS Convention (《1974年海上人命安全公約》) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974, or any convention that replaces that Convention or any successor convention, as amended from time to time and as applicable to Hong Kong. (L.N. 74 of 2018)(L.N. 74 of 2018; E.R. 5 of 2024)
For the purposes of the 1983 IGC Code, 1993 IGC Code and 2014 IGC Code— (L.N. 74 of 2018)
the requirements of the 1983 IGC Code, 1993 IGC Code and 2014 IGC Code having been made mandatory under regulation 4 the language thereof shall be construed accordingly; (L.N. 74 of 2018)
the definitions set out in Chapter 1 of the 1983 IGC Code, 1993 IGC Code or 2014 IGC Code apply in relation to the Code concerned; and (L.N. 74 of 2018)
references to the Administration shall, in relation to Hong Kong ships, be references to the Director; and references to the Port Administration shall, in relation to all ships in the waters of Hong Kong, be references to the Director. (L.N. 74 of 2018)
(Repealed L.N. 74 of 2018)
These regulations apply, subject to subregulations (2) and (3) and regulation 11—
to gas carriers which are constructed on or after 1 July 1986;
to ships which are converted to being gas carriers on or after that date; and
to gas carriers which were constructed before that date but which have undergone repairs, alterations or modifications of a major character on or after that date.
Where a ship is constructed or adapted to carry one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the 1983 IGC Code, 1993 IGC Code or 2014 IGC Code and is not constructed or adapted to carry any substance listed only in Chapter 19 of the 1983 IGC Code, 1993 IGC Code or 2014 IGC Code then these regulations shall not apply to that ship. (L.N. 420 of 1996; L.N. 74 of 2018)
These regulations apply to ships specified in subregulation (1) which are—
Hong Kong ships; or
ships other than Hong Kong ships within the waters of Hong Kong.
Subject to subregulation (2), a ship to which these regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapter 1, paragraphs 1.1.4.1 to 1.1.4.4, and Chapters 2 to 19 of the 1983 IGC Code, 1993 IGC Code or 2014 IGC Code that the ship is required to comply with under subregulation (3), (4) or (5). (L.N. 420 of 1996; L.N. 74 of 2018)
If, after 22 May 2014, IMO adopts a specified resolution that affects the requirements of the 1983 IGC Code or 1993 IGC Code referred to in subregulation (1) (existing requirements), then for a ship that is required to comply with the 1983 IGC Code or 1993 IGC Code under subregulation (3) or (4), the reference in subregulation (1) to the requirements relevant to the ship is to be read as—
if an additional requirement is imposed on the ship by the resolution—including the additional requirement; or
if the existing requirements are revised or amended by the resolution—the existing requirements as so revised or amended. (L.N. 74 of 2018)
The following ships must comply with the 1983 IGC Code—
a gas carrier that was constructed on or after 1 July 1986 but before 1 October 1994 (specified period A);
a ship that was converted into a gas carrier within the specified period A;
a gas carrier that was constructed before 1 July 1986 but has undergone any repair, alteration or modification of a major character within the specified period A. (L.N. 74 of 2018)
The following ships must comply with the 1993 IGC Code—
a gas carrier that was constructed on or after 1 October 1994 but before 1 July 2016 (specified period B);
a ship that was converted into a gas carrier within the specified period B;
a gas carrier that was constructed before 1 October 1994 but has undergone any repair, alteration or modification of a major character within the specified period B. (L.N. 74 of 2018)
The following ships must comply with the 2014 IGC Code—
a gas carrier that was constructed on or after 1 July 2016;
a ship that was converted into a gas carrier on or after 1 July 2016;
a gas carrier that was constructed before 1 July 2016 but has undergone any repair, alteration or modification of a major character on or after that date. (L.N. 74 of 2018)
In this regulation—
specified resolution (指明決議) means a resolution— (a)that revises or amends the 2014 IGC Code; and (b)that applies to Hong Kong. (L.N. 74 of 2018)In this Part—
1983 ship (1983年船舶) means a ship that is required to comply with the 1983 IGC Code under regulation 4; 1993 ship (1993年船舶) means a ship that is required to comply with the 1993 IGC Code under regulation 4; 2014 ship (2014年船舶) means a ship that is required to comply with the 2014 IGC Code under regulation 4.The structure, equipment, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radio Certificate or Cargo Ship Safety Certificate is issued) of a ship must, unless stipulated otherwise, be subject to the following surveys— (L.N. 74 of 2018)
an initial survey before the ship is put in service or before an International Certificate of Fitness is issued in respect of the ship for the first time, which shall include a complete examination of its structure, equipment, fittings, arrangements and materials in so far as the ship is covered by the applicable IGC Code; such a survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the applicable provisions of the applicable IGC Code;
a renewal survey at intervals not exceeding 5 years which shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the applicable IGC Code;
an intermediate survey within the period commencing 3 months before and ending 3 months after either the second anniversary date or third anniversary date of the International Certificate of Fitness issued in respect of the ship to ensure that the safety equipment and other equipment, as well as the associated pump and piping systems fully comply with the applicable IGC Code and are in good working order; the survey must be endorsed by the surveyor on the certificate; (L.N. 74 of 2018)
subject to subregulation (1A), an annual survey within the period commencing 3 months before and ending 3 months after the anniversary date of the International Certificate of Fitness issued in respect of the ship which shall include a general examination to ensure that the structure, equipment, fittings, arrangements and materials remain satisfactory for the service for which the ship is intended; the survey must be endorsed by the surveyor on the certificate;
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 9(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without— (L.N. 420 of 1996; L.N. 74 of 2018)
posing any danger to the ship or persons on board; or
presenting any unreasonable threat of harm to the marine environment.
If an intermediate survey of a ship has been carried out under subregulation (1)(c) by reference to an anniversary date, the annual survey of the ship by reference to the anniversary date for the relevant year is not required to be carried out. (L.N. 74 of 2018)
Every such survey of a Hong Kong ship shall be carried out by a surveyor, and application for such a survey shall be made by or on behalf of the owner to an issuing authority.
The Director may, in writing, appoint persons to be surveyors for the purposes of these regulations.
A surveyor shall have such powers, functions and duties as are prescribed, respectively, in these regulations.
(Repealed 24 of 2023 s. 30)
If, after completion of an initial or renewal survey, the issuing authority is satisfied that the ship complies with the relevant requirements of the applicable IGC Code, the issuing authority must issue an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk in respect of the ship. (L.N. 74 of 2018)
A certificate shall cease to be valid—
if any survey required by regulation 5(1)(c) or (d) is not completed within the period specified for that survey;
if it is not endorsed after an intermediate survey has been carried out under regulation 5(1)(c); (L.N. 74 of 2018)
if it is not endorsed after an annual survey has been carried out under regulation 5(1)(d); (L.N. 74 of 2018)
if any survey required by regulation 5(1)(e) is not completed within such reasonable time as the surveyor may specify; or
upon transfer of the ship to registry in another State.
If a certificate ceases to be valid under subregulation (2)(a), (ab), (ac) or (b), the owner of the ship in respect of which the certificate is issued must deliver up the certificate to the Director on demand. (L.N. 74 of 2018)
In the case of a ship which has been transferred from registry in another State to registry in Hong Kong the Director may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied that, notwithstanding that the surveys were not carried out as required by regulation 5(2)—
the ship has already been subjected to a satisfactory initial or renewal survey and to any intermediate, annual or additional surveys required; and
the ship was issued by or on behalf of the Administration of that other State with an International Certificate of Fitness which would, but for the change of registry, have remained valid; and
the condition of the ship and its equipment has been maintained in conformity with the requirements of the applicable IGC Code; and (L.N. 420 of 1996)
since completion of the surveys referred to in paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys, without the sanction of the Administration of that other State or of the Director, except by direct replacement,
issue to that ship an International Certificate of Fitness for a period to be determined by the Director, but not exceeding the expiry date of the certificate referred to in paragraph (b). (L.N. 74 of 2018)
The International Certificate of Fitness shall be kept on board ship and shall be available for inspection at all reasonable times. (L.N. 74 of 2018)
Subject to regulations 7(2), 7B, 7C and 7D, an International Certificate of Fitness issued in respect of a ship is valid for the period not exceeding 5 years as specified by the issuing authority in the certificate.
An International Certificate of Fitness issued in respect of a ship as a result of the completion of a renewal survey required under regulation 5(1)(b) is valid for the period specified by the issuing authority in the certificate in accordance with—
for a 1983 ship—Paragraph 1.5.6 of the 1983 IGC Code;
for a 1993 ship—Paragraph 1.5.6 of the 1993 IGC Code; or
for a 2014 ship—Paragraph 1.4.6 of the 2014 IGC Code.
This regulation applies if—
an intermediate survey of a ship is completed before the period within which the survey is required to be completed under regulation 5(1)(c); or
an annual survey of a ship is completed before the period within which the survey is required to be completed under regulation 5(1)(d).
After a survey of a ship is completed as described in subregulation (1), the existing International Certificate of Fitness issued in respect of the ship must be endorsed to show a date described on the endorsement as the “new anniversary date” (new anniversary date), which must be a date within 3 months from the date of completion of the survey.
For the purposes of any intermediate survey or annual survey to be carried out in respect of the ship under regulation 5(1)(c) or (d) in any year subsequent to the endorsement, the period within which the survey must be completed is to be ascertained by reference to the new anniversary date.
The duration of the existing International Certificate of Fitness issued in respect of the ship may be varied by the Director in accordance with—
for a 1983 ship—Paragraph 1.5.6 of the 1983 IGC Code;
for a 1993 ship—Paragraph 1.5.6 of the 1993 IGC Code; or
for a 2014 ship—Paragraph 1.4.6 of the 2014 IGC Code.
The Director may, or with the Director’s consent an organization approved under section 8 of the Ordinance may, extend the validity period of an existing International Certificate of Fitness issued in respect of a ship if—
the certificate is valid for a period of less than 5 years;
a new International Certificate of Fitness cannot be issued or placed on board the ship before the expiry of the certificate;
the ship is not in the port in which it is to be surveyed when the certificate expires; or
the ship is engaged in short voyages.
An extension under subregulation (1) is to be granted in accordance with—
for a 1983 ship—Paragraph 1.5.6 of the 1983 IGC Code;
for a 1993 ship—Paragraph 1.5.6 of the 1993 IGC Code; or
for a 2014 ship—Paragraph 1.4.6 of the 2014 IGC Code.
Fees shall be payable in respect of surveys and other services provided by a Government surveyor under these regulations and shall be determined as prescribed by the Merchant Shipping (Fees) Regulations (Cap. 281 sub. leg. F) and, as respects the time involved, by reference to the hourly rate calculated in accordance with those regulations.
The condition of the ship and its equipment shall be maintained so as to ensure that— (L.N. 420 of 1996; L.N. 74 of 2018)
the requirements of the applicable IGC Code are complied with; and
the ship remains fit to proceed to sea without—
posing any danger to the ship or persons on board; or
presenting any unreasonable threat of harm to the marine environment.
After any survey of the ship under regulation 5 has been completed, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Director, except by direct replacement.
If a reportable incident within the meaning of subregulation (4) happens to a ship, the master or owner of the ship shall report at the earliest opportunity to the Director, who shall determine whether an additional survey is necessary and if the ship is in a port of another State, the master or owner shall also report immediately to the appropriate authority of the government of the State in which the port is situated.
In subregulation (3)—
reportable incident (須報告事故) means the occurrence of an accident that affects the following matter or the discovery of a defect in a ship that affects the following matter— (a)the safety of the ship or persons on board; (b)the efficiency or completeness of the ship’s lifesaving appliances or other equipment required by the applicable IGC Code. (L.N. 74 of 2018)Where the applicable IGC Code requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Director may allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or that any particular provision, procedure or arrangement is at least as effective as that required by the applicable IGC Code.
The Director may on such terms (if any) as he may specify grant exemptions from—
all or any of the provisions of these regulations for any gas carrier referred to in regulation 3(1)(c) or any class of such gas carrier;
all or any of the provisions of regulation 4 for any ship or any class of ship.
A ship must not load in bulk or carry in bulk any of the substances listed in Chapter 19 of the applicable IGC Code unless— (L.N. 74 of 2018)
there is in force in respect of that ship a valid International Certificate of Fitness covering the substance; or (L.N. 74 of 2018)
the Director has given specific approval to its carriage.
If regulation 4, 5(1), 9 or 12 is contravened in relation to a ship, the owner and master of the ship each commits an offence and is liable to a fine at level 3. (L.N. 74 of 2018)
Where there is a contravention of regulation 5(2) the owner of the ship concerned commits an offence and is liable to a fine at level 3. (E.R. 5 of 2024)
If regulation 7(3) or (5) is contravened in relation to a ship, the owner and master of the ship each commits an offence and is liable to a fine at level 2. (L.N. 74 of 2018)
It shall be a defence for a person charged with an offence under these regulations to prove that he took all reasonable steps to ensure that the regulations were complied with.
(Paragraph numbers and amended text refer to the IMO’s
authentic text of the 1983 IGC Code
in the English language)
| Paragraph | Amendments |
| 2.7.8.1 | Amend reference to read 2.9.1.1. |
| 2.7.8.2 | Amend reference to read 2.9.2.1. |
| 2.9.2.1 | Fifth line, replace “m/rad.” by “m.rad”. |
| 3.2.4 | Second line, insert “, machinery spaces” between “spaces” and “and”. Fourth line, insert “(L)” between “length” and “of the ship”. Fourth and fifth lines, replace “house” by “superstructure or deckhouse”. Seventh line, replace “houses” by “superstructures or deckhouses”. |
| 3.2.5 | Second line, replace “are to” by “or deckhouse should”. |
| 3.2.6 | Third line, replace “are to” by “shall”. |
| 3.8.4 | Sixth line, replace “house” by “superstructure or deckhouse”. |
| 4.3.2 | Replace “heq”, “hgd” and “(hgd)max” by “Peq”, “Pgd” and “(Pgd)max”. |
| 4.3.2.1 | First line, delete “head”. |
| 4.3.2.2 | Third line, insert “liquid” after “internal”. Fourth line, delete “head”. |
| 4.4.5.1 | Last paragraph, replace “analyses” by “analysis” in three places. |
| 4.4.5.6 | Note Cw, delete“=”. |
| 4.7.6.1 | Last two lines, replace “in way of” by “adjacent to”. |
| 4.8.1 | Third line, replace “service” by “design”. |
| 4.8.2 | Fourth line, replace “service” by “design”. |
| 4.9.9 | Last line, insert “cargo” between “the” and “containment”. |
| 4.10.9.1 | Second line, amend to read “and workmanship such as out-of-roundness, local deviations from the”. |
| 4.10.9.2.1 | Last line, replace “or” by “of”. |
| 4.10.18 | Last line, replace “rises” by “raisers”. |
| 5.2.1.1 | First line, replace “this section” by “sections 5.2 to 5.5”. |
| 5.2.3.2 | Last line, replace “system” by “systems”. |
| 5.4.6 | Heading, replace “treatments” by “treatment”. |
| 5.4.6.2 | First line, replace “treatments” by “treatment”. |
| 5.4.6.3.1 | Second line, replace “service” by “design”. |
| 5.4.6.3.2 | First line, insert “not covered by 5.4.6.3.1” after “pipes”. |
| Table 6.1 | Line 16, replace “PLATE” by “PLATES”. |
| Table 6.2 | Line 17, replace “SECTIONS” by “SECTIONS AND FORGINGS”. |
| 6.3.6.3 | First line, amend the reference to read “6.3.6.2.1”. |
| 8.2.8.3 | Last line, insert “spare” between “maintained” and “valve”. |
| 8.3.1.1 | First line, replace “pressuure” by “pressure”. |
| 8.5.2 | Definition of “D”: replace “K” by “k”. |
| 9.5.3 | Fourth line, delete “tank”. |
| 10.2.5.2 | First and second lines: replace “cargo products” by “cargoes”. |
| 11.1.1.1 | Amend reference to read “56.6”. |
| 11.6.1 | In the table, delete “below 2,000 m3 2”, replace “between 2,000 m3 and 5,000 m3” by “5,000 m3 and below”. |
| Chapter 12 | Preamble, replace “replace” by “should be substituted for”. |
| 13.6.11 | Sixth line, replace “sampling and detecting” by “monitoring”. |
| 14.2.3.1 | First line, insert “spare” between “charged” and “air”. |
| 15.1.2 | First line, replace “should” by “may”. |
| 15.1.4.2 | Penultimate line, replace “relief valve” by “relieving system”. |
| 15.2 | First line, replace “tank filling” by “loading”. |
| 17.14.3.1 | First line, replace “are to” by “shall”. |
| 17.14.4.3.1 | Delete “cargo”. |
| 17.14.5.1 | Fourth line, delete “remainder of the”. |
| 17.16.5 | Replace “17.20.6.3” by “17.20.5.3”. |
| 17.20.4 | Second line, delete “pit”. |
| 17.20.13.1 | Fourth line, replace “the product” by “these products”. |
| 17.20.13.3 | First line, replace “Before loading the product,” by “Before each initial loading of these products and before every subsequent return to such service,”. |
| 17.20.17 | Eighth line, replace “atmospheric” by “ambient”. |
| 18.1.1.7 | Insert “allowable” between “minimum” and “inner”. |
| 18.2.1 | First line, replace “character” by “characteristics”. Last line, replace “if so” by “as”. |
| Appendix | Model form of certificate, footnote 5, third line, insert “or their compatible mixture having physical proportions within the limitations of tank design” between “Code” and “should”. |
(Repealed L.N. 74 of 2018)