Merchant Shipping (Safety) (Carriage of Cargoes and Oil Fuel) Regulation
(Enacting provision omitted—E.R. 3 of 2024)
[14 July 1995]
(Format changes—E.R. 3 of 2024)
In this Regulation—
Administration (主管機關) means— (a)in relation to a Hong Kong ship, the Director; and (b)in relation to a non-Hong Kong ship, the government of the State whose flag the ship is entitled to fly; (L.N. 54 of 2016) bulk carrier (散裝貨輪) means a ship that is constructed primarily to carry dry cargo in bulk, and includes an ore carrier and a combination carrier; (L.N. 54 of 2016) cargo (貨物) does not include— (a)(Repealed L.N. 54 of 2016) (b)any liquid in bulk; (c)any liquefied gas in bulk; and (d)any substance forming part of the equipment or stores of the ship in which the cargo is carried; Cargo Securing Manual (《穩固貨物手冊》) means a manual which— (a)specifies requirements in respect of all relevant aspects of stowing and securing cargo on ships engaged in the carriage of cargoes other than solid bulk cargoes and liquid bulk cargoes; (L.N. 54 of 2016) (b)is approved by an Administration; and (L.N. 54 of 2016) (c)is of a standard equivalent to or higher than the standard as set out in the guidelines contained in the Annex to the MSC.1/Circular 1353 of the Maritime Safety Committee of the IMO, as from time to time revised or amended by the IMO; (L.N. 54 of 2016) cargo transport unit (貨物運輸單元) means a road transport tank or freight vehicle, a railway transport tank or freight wagon, a multimodal freight container or portable tank, or a multi-element gas container; (L.N. 54 of 2016) cargo units (貨物單元) means units of cargo that are consolidated as such by the provision of a form of containment other than the structural cargo space of a ship; container (貨櫃) has the meaning given by section 2 of the Freight Containers (Safety) Ordinance (Cap. 506); (L.N. 54 of 2016) freight container (運貨貨櫃) has the meaning given by section 2(1) of the Freight Containers (Safety) Ordinance (Cap. 506); (L.N. 54 of 2016) grain (穀物) includes wheat, maize (corn), oats, rye, barley, rice, pulses and seeds whether in natural form or in such a processed form that its characteristics resemble those of its natural form with regard to liability to shift when loaded; Hong Kong ship (香港船舶) means a ship registered in Hong Kong; IMO means the International Maritime Organization; liquid bulk cargo (液體散裝貨物) means any cargo that is liquid in bulk; (L.N. 54 of 2016) non-Hong Kong ship (非香港船舶) means a ship other than a Hong Kong ship; (L.N. 54 of 2016) pesticide (除害劑) means— (a)any insecticide, fungicide, herbicide, acaricide or any substance (whether organic or inorganic) or mixture of substances used or intended to be used for preventing, destroying, repelling, attracting, inhibiting or controlling any insect, rodent, bird, nematode, bacterium, fungus, weed or other form of plant or animal life or any virus, which is a pest; or (b)any substance or mixture of substances used or intended to be used as a plant growth regulator, defoliant or desiccant, but does not include— (i)any purely mechanical device for trapping or catching insects, rodents or other animals; (ii)any purely electromagnetic or ultrasonic device for the control of mosquitoes, rodents or other pests; (iii)any antiseptic, disinfecting solution or preparation in clinical or sanitary applications; and (iv)any pharmaceutical product within the meaning of section 2 of the Pharmacy and Poisons Ordinance (Cap. 138); port authority (港口當局)— (a)in relation to the port of Hong Kong, means the Director; and (b)in relation to a port outside Hong Kong, means the person having control of the operation of the port; (L.N. 85 of 1999) shipper (付運人), in relation to a cargo, means— (a)a person by whom, or in whose name, or on whose behalf, a contract of carriage of cargoes by sea has been concluded in respect of the cargo with a carrier; or (b)a person by whom, or in whose name, or on whose behalf, the cargo is delivered to a carrier under a contract of carriage of cargoes by sea concluded in respect of the cargo; (L.N. 54 of 2016) solid bulk cargo (固體散裝貨物) means any cargo, other than liquid cargo or gas cargo, consisting of a combination of particles, granules or any larger pieces of material generally uniform in composition, which is loaded directly into the cargo spaces of a ship without any intermediate form of containment; (L.N. 54 of 2016) terminal representative (碼頭代表), in relation to a terminal, wharf or other similar facility, means the person appointed under section 8A(1) or (2) to be the terminal representative in respect of the terminal, wharf or other similar facility; (L.N. 85 of 1999) tons (噸) means gross tonnage and shall be— (a)for a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg. C), the larger of those tonnages; (E.R. 1 of 2016) (b)for a ship having its tonnage determined both under Part II and regulation 16 of those Regulations, its gross tonnage as determined under regulation 16. (L.N. 54 of 2016)(Repealed L.N. 54 of 2016)
Subject to subsection (2), this Regulation applies to—
a Hong Kong ship wherever it may be; and
a non-Hong Kong ship while it is within the waters of Hong Kong. (L.N. 54 of 2016)
This Regulation shall not apply to a non-Hong Kong ship flying the flag of a State that is not a party to the Convention if it would not have been within the waters of Hong Kong but for stress of weather or any other circumstances which both the owner, the charterer (if any) and the master of the ship could not have prevented or forestalled.
The Director may on such terms (if any) as he may specify—
grant exemptions from all or any of the provisions of this Regulation for ships of under 500 tons if he is satisfied, having regard to the sheltered nature and conditions of voyage on which such ships engage, that it is unreasonable or unnecessary to require compliance with section 3(1), 4, 5, 6(1), (2), (3) or (4), 7A or 8(1) in relation to such ships; and
after giving reasonable notice, vary or revoke any such exemption.
A—
master or owner of a ship; or
person assigned by the owner or master of a ship to take charge of loading cargoes on the ship,
shall not accept for carriage by the ship any cargo unless the shipper of the cargo has, before the cargo is accepted, furnished such master, owner or person with information on the cargo in accordance with subsections (2), (3) and (3A).
Information on cargoes referred to in subsection (1) shall be—
furnished—
in writing; or
by means of transmission of electronic data which can be reproduced in a legible form; and
furnished with adequate details regarding the cargoes so that their stowage may be properly planned for handling and transport for ensuring that—
different commodities to be carried are compatible with each other or suitably separated;
the cargoes are suitable for being carried on the ship;
the ship is suitable for carrying the cargoes; and
the cargoes can be safely stowed and secured on board the ship and transported under all expected conditions during the intended voyage. (L.N. 54 of 2016)
Information on cargoes referred to in subsection (1) must include— (L.N. 54 of 2016)
for a general cargo and a cargo carried in a cargo unit—
a general description of the cargo;
the gross mass of the cargo or, if the cargo is carried in a cargo unit, the gross mass of such cargo unit; and
any properties of the cargo that are relevant to the safe carriage of the cargo by sea; or
for a solid bulk cargo—
the information required by section 4.2.2 of the IMSBC Code; and
if the cargo is carried in a bulk carrier of 150 metres or more in length, the additional information on the density of the cargo declared by the shipper of the cargo.
If—
a bulk carrier that carries a solid bulk cargo is a bulk carrier referred to in subsection (3B); and
the density of the cargo declared under subsection (3)(b)(ii) is 1 250 kg/cubic metre or above but is below 1 780 kg/cubic metre,
the shipper of the cargo must furnish information to show that the density of the cargo has been verified by an accredited testing organization. (L.N. 54 of 2016)
The bulk carrier is one—
to which regulation 6 of Chapter XII of the Convention applies; and
which does not comply with the requirements of regulations 4.3, 6, 7.1 and 14 of Chapter XII of the Convention applicable to the carriage of solid bulk cargoes having a density of 1 780 kg/cubic metre or above. (L.N. 54 of 2016)
Before the loading of any cargo unit on board a ship, the shipper of the cargo unit shall ensure that the gross mass of such unit shall be the same as that declared in respect of such unit on any shipping document.
Any person who contravenes subsection (1) or (4) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
Any person who furnishes any information referred to in subsection (1) which—
he knows to be false; or
he has no reasonable grounds to believe to be true,
commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
In this section—
general cargo (一般貨物) means a cargo not being transported— (a)in bulk; (b)in a cargo unit; or (c)in a cargo transport unit; IMSBC Code (《固體散裝貨規則》) means the International Maritime Solid Bulk Cargoes Code adopted by the IMO by resolution MSC.268(85) on 4 December 2008, as from time to time revised or amended by any revision or amendment that applies to Hong Kong. (L.N. 54 of 2016)This section applies to a cargo carried in a cargo unit that is a packed container.
For the purpose of section 3(3)(a)(ii), if a packed container is to be shipped from Hong Kong on a ship, a specified person must—
verify the gross mass of the packed container in accordance with subsection (3);
ensure that the verified gross mass is stated in a shipping document signed by a person duly authorized by the specified person; and
deliver a copy of the shipping document in advance to the master of the ship or the master’s representative and the terminal operator of the terminal, wharf or other similar facilities at which the container is to be loaded for the preparation of the ship’s stowage plan.
The gross mass must be verified by one of the following methods—
by weighing the packed container as a whole using an equipment that is acceptable to—
the competent authority of the place at which the packing of the container was completed; or
the Director;
by adding—
the tare mass of the container; and
the mass of all the cargoes and packages (including the mass of pallets, dunnage, other packing materials and securing materials) to be packed into the container, that is obtained by weighing the content of the container by using a method approved by—
the competent authority of the place at which the packing of the container was completed; or
the Director.
The master of the ship and the terminal operator must not load the container on the ship if the master or the terminal operator does not have the gross mass of the container verified under subsection (2).
The Director may, in relation to a packed container—
request the gross mass of the container verified under subsection (2) to be checked before the loading of the container on a ship; and
request the specified person concerned to provide documentary proof to show that subsection (2) has been complied with.
Subsection (2) does not apply to a container that—
is carried on a chassis or trailer; and
is driven on a ro-ro ship engaged in short international voyages as defined by regulation 3.22 of Chapter III of the Convention.
The Director may, by notice published in the Gazette, specify the specifications, standards or additional requirements on verifying gross mass for—
acceptance of an equipment for the purpose of subsection (3)(a)(ii); or
approval of a method for the purpose of subsection (3)(b)(ii)(B).
A notice published under subsection (7) is not subsidiary legislation.
A specified person who contravenes subsection (2) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
If subsection (4) is contravened, the master concerned and the terminal operator concerned each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
In this section—
competent authority (主管當局), in relation to a place outside Hong Kong, means the authority responsible, under the law of that place, for the regulation of carriage of cargoes in that place; packed container (已裝填貨櫃) means a container loaded with— (a)cargoes of liquids, gases, or solids, or cargoes packed and tied together in the form of packages; and (b)pallets, dunnage, other packing materials or securing materials; specified person (指明人士), in relation to a cargo packed in a packed container, means a person— (a)who is named in a bill of lading, a sea waybill or an equivalent multimodal transport document as the shipper of the cargo; and (b)who (or in whose name or on whose behalf) has concluded a contract of carriage with a shipping company in respect of the cargo; terminal operator (貨運站營運者), in relation to a terminal, wharf or other similar facilities, means the person in charge of the operation of the terminal, wharf or facilities.Where a ship carrying on board any solid bulk cargo which may— (L.N. 54 of 2016)
emit any toxic or inflammable gas; or
cause oxygen depletion in a cargo space,
the master and the owner of the ship must ensure that the ship is provided with an instrument for measuring the concentration of such gas or oxygen in the air, together with detailed instructions for its use, and that the instrument is in effective working condition.
If subsection (1) is contravened, the master and the owner of the ship concerned each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
The master of a ship which is provided with an instrument in accordance with subsection (1) shall ensure that at any time when the ship carries on board any solid bulk cargo which may— (L.N. 54 of 2016)
emit any toxic or inflammable gas; or
cause oxygen depletion in a cargo space,
there are sufficient members of the crew who have been given on-board training in the use of the instrument.
A master who contravenes subsection (2) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
Where any pesticide is used in a ship, the master or owner of the ship shall ensure that the pesticide is so used as to minimize the risk created by the use of such pesticide to the health of—
any person on board the ship; and
any person who may come in contact with any cargo carried in the ship.
Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence.
In considering whether a person has taken all reasonable steps to avoid commission of an offence under subsection (2), his acting or failure to act in accordance with the relevant recommendations relating to the safe use of pesticides in ships published by the IMO, as from time to time amended by the Maritime Safety Committee of the IMO may be relied on as tending to establish or negate any liability which is in question. (L.N. 54 of 2016)
The master of a ship must ensure that cargoes, cargo units and cargo transport units carried on a ship must be so loaded, stowed and secured as to minimize the risk to— (L.N. 54 of 2016)
the safety of the ship;
the health or safety of any person on board the ship; or
the loss of cargo overboard.
The shipper of any cargo, cargo unit and cargo transport unit must ensure that they are so packed and secured within the containment as to minimize the risk to the safety of the ship or the health or safety of any person on board the ship.
The master or a member of the crew of a ship who is in charge of loading cargoes on the ship shall ensure that heavy cargoes or cargoes with abnormal physical dimensions are so loaded on and transported within the ship as to—
minimize the risk of damage to the structure of the ship; and
ensure that the ship will retain sufficient stability at all stages of the voyage in all probable sea conditions.
The master or a member of the crew of a ro-ro ship who is in charge of loading and discharging cargo units and cargo transport units on and from the ship must ensure that the units are— (L.N. 54 of 2016)
so loaded on and transported within the ship; and
so secured, having regard to the securing arrangements on board the ship and on cargo units and cargo transport units, and to the strength of the securing points and lashings,
as to minimize the risk to the safety of the ship or any person on board the ship.
The master of a ship must ensure that all cargoes (other than solid bulk cargoes and liquid bulk cargoes), cargo units and cargo transport units are loaded, stowed and secured in accordance with the Cargo Securing Manual of the ship throughout the voyage. (L.N. 54 of 2016)
For a ship with ro-ro spaces as defined in regulation 3 of Chapter II-2 of the Convention, the master of the ship must ensure that all cargoes (other than solid bulk cargoes and liquid bulk cargoes), cargo units and cargo transport units are loaded, stowed and secured on the ship in accordance with the Cargo Securing Manual of the ship before the ship leaves the berth at which the cargoes and units are loaded. (L.N. 54 of 2016)
The master of a ship carrying a cargo, cargo unit or cargo transport unit, other than a ship carrying— (L.N. 54 of 2016)
only solid bulk cargo; or
only liquid bulk cargo,
shall ensure that a Cargo Securing Manual is carried on the ship. (L.N. 85 of 1999)
Any person who contravenes subsection (1), (2), (3), (4), (4A), (4B) or (4C) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 85 of 1999; E.R. 3 of 2024)
In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence.
Any person who loads a freight container to be shipped from Hong Kong to more than the maximum gross weight indicated on the safety approval plate affixed to the container commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
In subsection (1)—
safety approval plate (安全合格牌照) has the meaning given by section 2(1) of the Freight Containers (Safety) Ordinance (Cap. 506). (L.N. 54 of 2016)If a ship carries oil as cargo in bulk or oil fuel, the master of the ship must ensure that the material safety data sheets relating to the oil or oil fuel that comply with subsection (2) are provided on the ship before loading the oil as cargo in bulk or bunkering of the oil fuel.
The material safety data sheets must contain details of the items specified in the Recommendations for Material Safety Data Sheets (MSDS) for MARPOL Annex 1 Oil Cargo and Oil Fuel, adopted by the IMO by resolution MSC.286(86), as from time to time revised or amended by the IMO.
The master of a ship who contravenes subsection (1) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
In this section—
MARPOL (《防污公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; oil (油類)— (a) means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex II to MARPOL); and (b)includes the substances listed in Appendix I to Annex I to MARPOL; oil fuel (油類燃料) means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship on which the oil is carried.Subject to subsection (2), the master of a ship must ensure that any physical blending of liquid bulk cargoes is not carried out on board the ship during a voyage.
Subsection (1) does not apply to—
any physical blending of liquid bulk cargoes that is for undertaking cargo transfers for—
the safety of the ship; or
the protection of the marine environment; and
any physical blending of liquid bulk cargoes that is for use in the search or exploitation of seabed mineral resources.
Subject to subsection (4), the master of a ship must ensure that a production process is not carried out on board the ship during a voyage.
Subsection (3) does not apply if the production process is—
carried out for the search or exploitation of seabed mineral resources; and
carried out in conformity with the Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels adopted by the IMO by resolution A.673(16), as from time to time revised or amended by the IMO.
The master of a ship who contravenes subsection (1) or (3) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
In this section—
physical blending (物理混合) means a process by which a ship’s cargo pumps and pipelines are used to circulate 2 or more different cargoes on board the ship with the intent to produce a cargo with a composition or description different from that of those cargoes; production process (生產作業) means a deliberate operation by which a chemical reaction between a ship’s cargoes and any other cargo or substance takes place.The owner of a ship shall ensure that no solid bulk cargo is loaded on the ship unless the master of the ship is in possession of— (L.N. 54 of 2016)
information relating to the stability of the ship appropriate to the ship in respect of all matters (where applicable) specified in regulation 30 of the Merchant Shipping (Safety) (Load Line) Regulations (Cap. 369 sub. leg. AD); and (L.N. 54 of 2016; E.R. 1 of 2016; L.N. 46 of 2018)
such necessary information relating to the proposed distribution of the cargo that would enable the master to form a judgment as regards the stability of the ship at all stages of the voyage in all probable sea conditions which information shall be in written or diagrammatic form, furnished in writing or by means of transmission of electronic data which can be reproduced in legible form.
(Repealed L.N. 54 of 2016)
Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
(Repealed L.N. 54 of 2016)
In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence.
Not later than 14 days after the commencement* of this section, the owner of a terminal, wharf or other similar facility shall appoint, in writing, a person to be responsible for operations conducted by the terminal, wharf or other similar facility with regard to a ship when the ship is loading or unloading.
If a terminal representative appointed under subsection (1) or this subsection becomes unwilling to act or unable to act, whether by reason of the termination of his appointment or for any other reason, the owner shall appoint another person to be the terminal representative so as to ensure that the position of terminal representative will not be left vacant.
The owner shall, not later than 14 days after appointing a person as the terminal representative, furnish the port authority with the following particulars of the appointment—
the names and addresses of the owner and that person;
the date of the appointment; and
the consideration, if any, to be paid to that person.
Any person who contravenes subsection (1), (2) or (3) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 1 of 2016; E.R. 3 of 2024)
A master or owner of a ship shall not accept for carriage by the ship any solid bulk cargo unless the owner has, before the cargo is accepted, furnished the master with a solid bulk cargo booklet which— (L.N. 54 of 2016)
contains the information set out in subsection (2);
is written in a language with which the ship’s officers responsible for the cargo operation are familiar and, if the language is not English, is accompanied by a translation in English; and
is endorsed by an Administration. (L.N. 54 of 2016)
The information referred to in subsection (1) shall be— (L.N. 54 of 2016)
the information required to be provided under regulations 30 and 31 of the Merchant Shipping (Safety) (Load Line) Regulations (Cap. 369 sub. leg. AD) by the owner of the ship to the master of the ship; (E.R. 1 of 2016)
the ballasting and deballasting rates and capacities;
the maximum allowable load per unit surface area of the tank top plating;
the maximum allowable load per hold;
the general loading and unloading instructions with regard to the strength of the ship’s structure including any limitations on the most adverse operating conditions during loading, unloading, ballasting operations and the voyage;
the most adverse operating conditions, if any, permitted by the Director; (L.N. 54 of 2016)
where strength calculations are required, the maximum permissible forces and moments on the ship’s hull during loading, unloading and the voyage; and (L.N. 54 of 2016)
the restrictions imposed on the carriage of solid bulk cargoes having a density of 1 780 kg/cubic metre or above in accordance with the requirements of regulations 6 and 14 of Chapter XII of the Convention. (L.N. 54 of 2016)
A master of a ship and the terminal representative of the terminal, wharf or other similar facility concerned shall—
before a solid bulk cargo is loaded or unloaded agree upon a plan in writing— (L.N. 54 of 2016)
ensuring that the permissible forces and moments on the ship are not exceeded during loading or unloading; and
which includes the sequence, quantity and rate of loading or unloading, taking into consideration the speed of loading or unloading, the number of pours and the ballasting or deballasting capability of the ship;
provide a copy of the plan (and any subsequent amendment thereto) to the port authority—
as soon as is reasonably practicable; or
where the port authority has requested a copy, immediately upon the request being communicated; and
ensure that loading or unloading of the cargo is carried out—
in accordance with the plan; and
in a manner that does not damage the ship’s structure.
If a master of a ship or a terminal representative becomes aware of a significant deviation from the plan referred to in subsection (3), the master and the terminal representative must, within each of their area of responsibility, ensure that the cargo or ballast operations, or both, are adjusted so that any deviation is corrected. (L.N. 54 of 2016)
If a solid bulk cargo is loaded on or unloaded from a ship—
the master of the ship must ensure that the loading or unloading, as the case may be, is continuously monitored by one or more of the ship’s personnel;
the master of the ship must ensure that the ship’s draught is checked regularly to confirm the tonnage figures supplied;
the master of the ship must ensure that each draught check carried out and tonnage confirmed under paragraph (b) is recorded in a cargo log-book; and
the master and the terminal representative must, if the master is of the opinion that any of the limits of the ship referred to in subsection (2)(b), (c), (d), (e), (f), (g) and (h) are exceeded or are likely to be exceeded if the loading or unloading operation continues, ensure that corrective action (which may be or include the suspension of the loading or unloading operation) is taken immediately. (L.N. 54 of 2016)
If the corrective action taken under subsection (4)(d) results in the suspension of the loading or unloading operation, the master must, as soon as practicable, furnish the port authority with—
the particulars of the limits to which the corrective action relates; and
the particulars of the corrective action taken. (L.N. 54 of 2016)
If subsection (1) is contravened, the master and the owner concerned each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
If any of the requirements in subsection (3), (3A) or (4)(d) is contravened, the master and the terminal representative concerned each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
A master of a ship who contravenes subsection (4)(a), (b) or (c) or (4A) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 54 of 2016; E.R. 3 of 2024)
In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence.
This section applies to a ship that—
is a bulk carrier of—
single-side skin construction as defined by regulation 1.2 of Chapter XII of the Convention; and
150 metres or above in length;
carries solid bulk cargoes having a density of 1 780 kg/cubic metre or above;
does not meet—
the requirements for withstanding flooding of any one cargo hold specified in regulation 5.1 of Chapter XII of the Convention; and
the standards and criteria for side structures of bulk carriers of single-side skin construction, adopted by the IMO by resolution MSC.168(79), as from time to time revised or amended by any revision or amendment that applies to Hong Kong; and
is over 10 years of age.
A master of a ship must not permit or authorize the ship to proceed to sea with any hold loaded to less than 10% of the hold’s maximum allowable cargo weight when the ship is in full load condition.
A master of a ship who contravenes subsection (2) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (E.R. 3 of 2024)
In subsection (2)—
full load condition (滿載狀況), in relation to a ship, means a load equals to, or greater than, 90% of the deadweight at the relevant assigned freeboard of the ship.(Repealed L.N. 54 of 2016)