Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations
(Cap. 413, sections 3 and 3A)
[6 May 1987]
(Format changes—E.R. 2 of 2024)
These regulations may be cited as the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations.
In these regulations, except where the context otherwise requires—
Administration (主管機關), in relation to a ship, means the government of any place outside Hong Kong whose flag the ship is entitled to fly; (L.N. 92 of 2018) Annex II (《附則II》) means Annex II to the Convention as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 92 of 2018) anniversary date (周年日期), in relation to a specified Certificate in force in respect of a ship, means the day and month of each year which corresponds to the date of expiry of the Certificate; (L.N. 92 of 2018) Arctic waters (北極水域) has the same meaning as in Annex II; (L.N. 46 of 2019) BCH Code (散化規則) means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by IMO, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 186 of 1995; L.N. 92 of 2018) BCH Code Certificate (散化規則證書) means a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk as defined by regulation 1(2) of the BCH Code Regulations; (L.N. 92 of 2018) BCH Code Regulations (散化規則規例) means the Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg. D); (E.R. 2 of 2024) chemical tanker (化學品液貨船) has the same meaning as in Annex II; (L.N. 92 of 2018) Convention (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, and Annex II (but no other Annex), as from time to time revised or amended by any revision or amendment to any provision of such Convention that applies to Hong Kong; (L.N. 92 of 2018) Convention country (公約國) means a country which is a party to the Convention; (L.N. 92 of 2018) Director (處長) means the Director of Marine; Government surveyor (政府驗船師) means a person appointed under regulation 2A(1) to be a Government surveyor; (L.N. 92 of 2018) HKNLS Certificate (HKNLS證書) means a certificate issued under regulation 24(1)(a); (L.N. 92 of 2018) Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (香港有毒液體物質證書) means—(a)a HKNLS Certificate; or(b)a Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued by a recognized organization; (L.N. 92 of 2018) Hong Kong-trading (在香港營運的) means operating within the waters of 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 published by IMO, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 186 of 1995; L.N. 92 of 2018) IBC Code Certificate (國際散化規則證書) means an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk as defined by regulation 1(2) of the IBC Code Regulations; (L.N. 92 of 2018) IBC Code Regulations (國際散化規則規例) means the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg. E); (E.R. 2 of 2024) IMO means the International Maritime Organization; 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; (L.N. 92 of 2018) INLS Certificate (INLS證書) means a certificate issued under regulation 24(1)(b); (L.N. 92 of 2018) International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (國際有毒液體物質證書) means—(a)an INLS Certificate;(b)an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued by a recognized organization; or(c)an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued by or under the authority of an Administration; (L.N. 92 of 2018) liquid substance (液體物質) has the same meaning as in Annex II; (L.N. 92 of 2018) Marpol surveyor (防污公約驗船師) means a Government surveyor or a surveyor appointed by or on behalf of a Convention country; (L.N. 92 of 2018) noxious liquid substance (有毒液體物質) has the same meaning as in Annex II; (L.N. 92 of 2018) Polar Code (《極地規則》) means the International Code for Ships Operating in Polar Waters, adopted by IMO Resolutions MSC.385(94) and MEPC.264(68), as from time to time revised or amended by any revision or amendment to any provision of such Code that applies to Hong Kong; (L.N. 46 of 2019) polar waters (極地水域) has the same meaning as in Annex II; (L.N. 46 of 2019) recognized organization (認可機構) means an organization recognized under regulation 2AB; (L.N. 92 of 2018) sea (海、海域) includes all waters navigable by sea-going ships; specified Certificate (指明證書) means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or a Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk. (L.N. 92 of 2018)For the purposes of these regulations, a ship is constructed if—
its keel is laid; or
it is at the stage at which—
construction identifiable with the ship begins; and
its assembly has commenced comprising at least 50 tonnes, or 1% of the estimated mass of all structural material, whichever is less.
Despite paragraph (1), a ship that has been converted into a chemical tanker is, irrespective of the date of construction, to be treated as a chemical tanker constructed on the date on which the conversion commenced.
Paragraph (2) does not apply to a ship that has been converted if—
the ship is constructed before 1 July 1986; and
the ship is certified under the BCH Code to carry only those products identified by the Code as substances with only pollution hazards.
These regulations apply to ships engaged in the carriage of noxious liquid substances in bulk. (L.N. 186 of 1995; L.N. 92 of 2018)
These regulations apply to Hong Kong ships wherever they may be and to other ships while they are in the waters of Hong Kong.
However, in the case of a ship registered in a country that is not a Convention country, these regulations do not apply by reason of its being within the waters of Hong Kong if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, master or charterer (if any). (L.N. 92 of 2018)
These regulations do not apply to—
a warship;
a naval auxiliary; or
any other ship owned or operated by a government and used only on government non-commercial service. (L.N. 92 of 2018)
The Director may, in writing, appoint persons to be Government surveyors for the purposes of these regulations. (L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed 24 of 2023 s. 34)
The Director may recognize an organization for—
carrying out surveys of Hong Kong ships;
issuing the following certificates in respect of Hong Kong ships—
International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk; or
Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk;
making endorsements on the Certificates referred to in subparagraph (b) that are issued by the organization in conformity with Regulation 9 of Annex II;
with the prior written consent of the Director, granting extensions of the validity periods of the Certificates referred to in subparagraph (b) that are issued by the organization;
altering any particulars contained in the Certificates referred to in subparagraph (b) that are issued by the organization;
issuing certified true copies of the Certificates referred to in subparagraph (b) that are issued by the organization; and
specifying any corrective actions which the organization considers necessary to be taken in respect of Hong Kong ships.
The Director may request any Convention country—
to carry out a survey of a Hong Kong ship on behalf of the Director in conformity with Annex II; and
to do the following—
issue an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk in respect of the ship in conformity with Annex II; or
endorse on an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in respect of the ship in conformity with Annex II.
The Director may, at the request of any Convention country—
cause a non-Hong Kong ship that is within the waters of Hong Kong to be surveyed under Part V as if the ship were a Hong Kong ship; and
do the following—
issue an INLS Certificate in respect of the ship under Part V as if the ship were a Hong Kong ship; or
endorse on an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in respect of the ship in conformity with Annex II.
Fees shall be payable in respect of surveys and other services provided by the Director or a Government surveyor under these regulations and shall be determined as prescribed by the Merchant Shipping (Prevention and Control of Pollution) (Fees) Regulation (Cap. 413 sub. leg. L) and, as respects the time involved, by reference to the hourly rate calculated in accordance with the Regulation.
(Repealed L.N. 92 of 2018)
The control of discharges of residues of noxious liquid substances or ballast water, tank washings or other mixtures containing the substances from a ship must comply with Regulation 13 of Annex II.
The discharges are subjected to verification by a Marpol surveyor in accordance with Regulation 13 of Annex II with a view to ensuring the compliance with that Regulation.
In paragraph (1)—
residue (殘餘物) has the same meaning as in Annex II.A noxious liquid substance or a mixture containing any noxious liquid substance must not be discharged into the sea from a Hong Kong ship in Arctic waters.
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
Regulations 3 and 3A do not apply to any discharge into the sea of a noxious liquid substance or mixture containing any such substance from a ship— (L.N. 92 of 2018; L.N. 46 of 2019)
which is necessary for the purpose of securing the safety of the ship or saving life at sea; or (L.N. 92 of 2018)
which results from damage to the ship or its equipment: (L.N. 92 of 2018)
Provided that—
all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge to prevent or minimize the discharge; and
neither the owner nor the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or
where the substance or mixture in question is approved by the Director for use in combating specific pollution incidents in order to minimize the damage from pollution and the discharge is made with the approval of the Director or, if the discharge is to be made outside the waters of Hong Kong and in waters within the jurisdiction of any state, with the approval of the government of that state.
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
Every ship shall be provided with a Procedures and Arrangements Manual that complies with Regulation 14 of Annex II. (L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
The Procedures and Arrangements Manual shall be kept on board the ship in such a place as to be readily available for inspection at all reasonable times. (L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
Every ship shall be provided with a Cargo Record Book that complies with Regulation 15.1 of Annex II. (L.N. 92 of 2018)
A record of the operations of the ship and the accidental discharges from the ship referred to in Regulation 15 of Annex II must be kept in accordance with the requirements in that Regulation. (L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
The Cargo Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained on board the ship for a period of 3 years after the last entry in it has been made. (L.N. 92 of 2018)
A ship of 150 gross tonnage or above must carry on board a shipboard marine pollution emergency plan for noxious liquid substances that complies with Regulation 17 of Annex II.
The plan must be kept on board the ship and must be readily available for inspection at all reasonable times.
The pumping and piping arrangement of a ship must comply with the applicable requirements under Regulation 12 of Annex II.
Every ship shall be provided with the equipment and arrangements identified in the Procedures and Arrangements Manual relating to the ship that is required to be provided under regulation 19.
The structure, equipment, systems, fittings, arrangements and materials of a ship shall be subjected to the following surveys—
an initial survey before the ship is put in service or before the specified Certificate is issued in respect of the ship for the first time; an initial survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials fully comply with the applicable provisions of Annex II;
a renewal survey at intervals not exceeding 5 years which shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials fully comply with the applicable provisions of Annex II;
an intermediate survey within the period commencing 3 months before and ending 3 months after the second anniversary date of the specified Certificate issued in respect of the ship or within the period commencing 3 months before and ending 3 months after the third anniversary date of the specified Certificate issued in respect of the ship; intermediate surveys shall be such as to ensure that the equipment and associated pumps and piping systems fully comply with the applicable provisions of Annex II and are in good working order; a record of such surveys in the form appropriate to an intermediate survey included in the form entitled “Endorsement for Annual and Intermediate Surveys” set out in Appendix 3 to Annex II must be endorsed by the surveyor on the specified Certificate;
an annual survey within the period commencing 3 months before and ending 3 months after each anniversary date of the specified Certificate issued in respect of the ship which is to include a general inspection of the structure, equipment, systems, fittings, arrangements and materials referred to in subparagraph (a) to ensure that they have been maintained in accordance with regulation 25 and that they remain satisfactory for the service for which the ship is intended; a record of such survey in the form appropriate to an annual survey included in the form entitled “Endorsement for Annual and Intermediate Surveys” set out in Appendix 3 to Annex II must be endorsed by the surveyor on the specified Certificate;
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 25(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 in all respects satisfactory, and that the ship complies in all respects with the requirements of Annex II.
If an intermediate survey of the ship has been carried out 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. 92 of 2018)
In the case of a chemical tanker in respect of which a BCH Code Certificate or an IBC Code Certificate has been or is to be issued any initial, renewal, intermediate, annual or additional survey required by this regulation may be combined respectively with an initial, renewal, intermediate, annual or additional survey required by regulation 4 of the BCH Code Regulations or regulation 4 of the IBC Code Regulations as the case may be; and in such case references in paragraph (1)(a) to (e) to the specified Certificate shall be construed as references to the BCH Code Certificate or IBC Code Certificate as the case may be.
Upon satisfactory completion by a Government surveyor of an initial or renewal survey under regulation 23, the Director shall issue to a ship which complies with the relevant requirements of Annex II (except one to which a BCH Code Certificate or an IBC Code Certificate is to be issued)— (L.N. 92 of 2018)
in the case of a Hong Kong-trading ship—a HKNLS Certificate; or
in the case of any other ship—an INLS Certificate. (L.N. 92 of 2018)
Where a chemical tanker in respect of which a BCH Code Certificate or an IBC Code Certificate has been or is to be issued, is so constructed, equipped and arranged that it would, but for the exception contained in paragraph (1), be entitled under that paragraph to an INLS Certificate or HKNLS Certificate covering substances other than those listed in the BCH Code or the IBC Code as the case may be, the Director shall, if the owner of the chemical tanker so requests, include in the BCH Code Certificate or IBC Code Certificate as the case may be, provisions covering carriage of those substances by that chemical tanker.
The Certificate issued under paragraph (1) is valid for the period specified by the Director in the Certificate. (L.N. 92 of 2018)
The period specified by the Director must not exceed 5 years from the date of issue stated in the Certificate. (L.N. 92 of 2018)
In the case of a ship which has transferred from registry in another Convention country 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 referred to in regulation 23 were not carried out by a Government surveyor— (L.N. 92 of 2018)
the ship has, in conformity with Annex II, already been subjected to an initial or renewal survey and to any intermediate, annual or additional surveys required; and
the ship was issued by or on behalf of the Convention country concerned with an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk 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 provisions of Annex II; and
since completion of the surveys referred to in subparagraph (a) no change has been made in the structure, equipment, systems, fittings, arrangements and materials covered by those surveys without the sanction of the Convention country concerned or of the Director, except by direct replacement,
issue to that ship an INLS Certificate or HKNLS Certificate. (L.N. 92 of 2018)
The Certificate issued under paragraph (5) must not expire after the expiry date of the Certificate mentioned in subparagraph (b) of that paragraph. (L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
A specified Certificate must be kept on board the ship and must be readily available for inspection at all reasonable times.
A new specified Certificate issued in respect of a ship as a result of a renewal survey under regulation 23 is valid for such period as may be specified by the Director in the Certificate in accordance with Regulation 10 of Annex II.
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 23(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 23(1)(d).
After a survey in respect of a ship is completed as described in paragraph (1), the existing specified Certificate issued in respect of the ship must be endorsed to show a date described on the endorsement as the “new anniversary date”, which must be a date that is within 3 months from the date of completion of the survey (new anniversary date).
For the purposes of any intermediate survey or annual survey to be carried out in respect of the ship under regulation 23(1)(c) or (d) in any year subsequent to the endorsement, the period within which the survey must be carried out is to be ascertained by reference to the new anniversary date.
The duration of an existing specified Certificate issued in respect of a ship may be varied by the Director in accordance with Regulation 10.8 of Annex II.
The Director may extend the validity period of an existing specified Certificate issued in respect of a ship in accordance with Regulation 10 of Annex II if—
the Certificate is valid for a period of less than 5 years;
a new specified Certificate 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.
A specified Certificate issued in respect of a Hong Kong ship ceases to be valid if—
after a survey, without the sanction of the Director, a material change has been made to the structure, equipment, systems, fittings, arrangements or materials covered by the survey, other than the direct replacement of them;
a survey referred to in regulation 23(1)(b), (c) or (d) is not carried out within the period specified for the survey in that regulation;
an additional survey referred to in regulation 23(1)(e) is not carried out within such reasonable time as the Government surveyor or recognized organization may specify;
the Certificate is not endorsed under regulation 23(1)(c) or under Regulation 9 of Annex II, after an intermediate survey of the ship is carried out;
the Certificate is not endorsed under regulation 23(1)(d) or under Regulation 9 of Annex II, after an annual survey of the ship is carried out; or
the ship is transferred to the registry of a place outside Hong Kong.
In any of the cases specified in paragraph (1)(b), (c), (d) or (e), the owner of the ship must deliver the Certificate to the Director on demand.
For the purposes of regulations 24B, 24C and 24D, an INLS Certificate or HKNLS Certificate issued under this Part is to be regarded as an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk referred to in Regulation 9 of Annex II.
A Government surveyor may, by written notice, require the owner or master of a Hong Kong ship in respect of which a specified Certificate has been issued to take such corrective action which the surveyor considers necessary if on a survey (other than an initial survey) of the ship referred to in regulation 23, the surveyor determines that the condition of the ship or its equipment does not correspond substantially with the particulars in the Certificate.
The surveyor must, on giving notice under paragraph (1), inform the Director.
If the corrective action is not taken within the period specified by the surveyor, the surveyor must inform the Director and the Director may, by written notice to the owner and master of the ship, withdraw the Certificate.
On receiving a notice under paragraph (3), the owner and master of the ship must deliver the Certificate to the Director immediately.
The owner or master of the ship may, after the corrective action in respect of the ship has been taken, apply to the Director for the return of the Certificate.
On receiving an application under paragraph (5), if the Director is satisfied that the corrective action in respect of the ship has been taken, the Director must, by written notice to the owner or master of the ship, return the Certificate to the owner or master.
The Director may, by written notice to the owner and master of a Hong Kong ship, cancel a specified Certificate issued in respect of the ship in the circumstances set out in paragraph (2).
The circumstances are that the Director has reasonable grounds to believe that the Certificate was issued, or any endorsement on it was made, on the basis of false or erroneous information.
The Director must give reasons for cancelling the Certificate in the notice under paragraph (1).
On receiving a notice under paragraph (1), the owner and master of the ship must deliver the Certificate to the Director immediately.
The Director may specify the form of a specified Certificate.
The owner of a ship in respect of which an INLS Certificate or HKNLS Certificate has been issued may request the Director to alter any of the particulars contained in the Certificate.
The Director may refuse to make the alteration if the Director considers it to be a material alteration.
If the Director agrees to make the alteration, the Director must, on payment of the prescribed fee, alter the Certificate.
The owner of a ship in respect of which an INLS Certificate or HKNLS Certificate has been issued may apply to the Director for the issue of a certified true copy of the Certificate.
The application must be accompanied by the prescribed fee for the certified true copy.
The condition of the ship and its equipment shall be maintained so as to conform to the provisions of Annex II.
After any survey referred to in regulation 23 has been completed in respect of a Hong Kong ship, no change shall be made in the structure, equipment, systems, fittings, arrangements and materials covered by the survey, without the sanction of the Director, except by direct replacement.
Whenever an accident occurs to a ship or a defect is discovered, either of which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by Annex II, the master or owner of the ship shall report at the earliest opportunity to the Director, who shall, in the case of a Hong Kong ship, cause investigations to be initiated to determine whether an additional survey is necessary. If the ship is in a port other than a port in Hong Kong the master or owner shall also report immediately to the appropriate authority of the government of the state in which the port is situated.
Where these regulations require that a particular fitting, material, appliance or apparatus should be fitted in a ship, the Director may allow any other fitting, material, appliance or apparatus to be fitted if he is satisfied that such fitting, material, appliance or apparatus is at least as effective as that required by these regulations.
The Director may exempt any ship or class or description of ship from any of the requirements of these regulations, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
Any of the powers conferred by this regulation may be exercised for ascertaining whether these regulations have been or are being complied with.
A Government surveyor may, at any reasonable time—
board a ship that is within the waters of Hong Kong; and
take with the surveyor any other person and any equipment or materials required to assist the surveyor.
After boarding the ship, the surveyor may—
inspect the ship;
make any examination and investigation as the surveyor considers necessary;
take samples of any article or substance found on the ship that the surveyor may reasonably require for the inspection, examination or investigation;
inspect, seize and remove from the ship any article or substance in respect of which the surveyor suspects on reasonable grounds that an offence under these regulations has been committed;
detain the article or substance for so long as is necessary—
for the inspection, examination or investigation; and
to ensure that it is available for use as evidence in any proceedings for an offence under these regulations;
take any measurements and photographs and make any recordings that the surveyor may reasonably require for the inspection, examination or investigation;
require that the ship, or any part of the ship, or anything on the ship, is to be left undisturbed (whether generally or in particular respects) for so long as is necessary for the inspection, examination or investigation;
require any person who the surveyor reasonably believes is able to give any information relevant to the inspection, examination or investigation—
to attend at a place and time specified by the surveyor;
to answer the questions that the surveyor thinks fit to ask; and
to sign a declaration of the truth of the person’s answers;
require the production of, and inspect and take copies of or of any entry in—
any certificates, books or documents that are required to be kept under these regulations; and
any other certificates, books or documents that the surveyor considers necessary for the inspection, examination or investigation; and
require any person to afford the surveyor such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the surveyor considers necessary to enable the surveyor to exercise any power conferred by this regulation.
If an inspection of a ship under paragraph (3) reveals a deficiency, the Director may give a direction to the master of the ship requiring the master to cause the ship not to proceed to sea until the deficiency is rectified.
A master to whom a direction is given under paragraph (4) must—
comply with the direction;
take steps to rectify the deficiency; and
inform the Director once the deficiency is rectified.
If the ship is a Hong Kong ship and the deficiency is not rectified within the period specified by the Director, the Director may, by written notice to the owner and master of the ship, require the surrender of the specified Certificate issued in respect of the ship to the Director.
On receiving a notice under paragraph (6), the owner and master of the ship must deliver the Certificate to the Director immediately.
The owner or master of the ship may, after the deficiency in respect of the ship has been rectified, apply to the Director for the return of the Certificate.
On receiving an application under paragraph (8), if the Director is satisfied that the deficiency in respect of the ship has been rectified, the Director must, by written notice to the applicant, return the Certificate to the applicant.
A person must not—
wilfully obstruct a Government surveyor in the exercise of any power conferred by regulation 27A; or
make a statement or sign a declaration that the person knows is false, or recklessly make a statement or sign a declaration that is false, in purported compliance with a requirement under regulation 27A(3)(h).
A person must comply with a requirement imposed on the person under regulation 27A(3).
No ship shall load in bulk or carry in bulk any Category X, Y or Z substance unless— (L.N. 92 of 2018)
there is in force in respect of that ship a valid specified Certificate or BCH Code Certificate or IBC Code Certificate, covering the substance in question; and
the loading and carriage is in accordance with the terms of that Certificate. (L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)
No ship shall carry in bulk any liquid substance that is not listed in the Pollution Category column of the table in Chapter 17 or 18 of the IBC Code unless— (L.N. 92 of 2018)
the following condition is met—
the Director has, under regulation 28A, provisionally assessed the substance and given written permission for its carriage in bulk; or
an Administration has, with the concurrence of the Director, provisionally assessed the substance in accordance with Regulation 6.3 of Annex II and given written permission for its carriage in bulk; and (L.N. 92 of 2018)
any conditions subject to which that permission was given are complied with.
In paragraph (1)—
Category X, Y or Z substance (X、Y或Z類物質) means a substance that is indicated in the Pollution Category column of the table in Chapter 17 or 18 of the IBC Code as falling into Category X, Y or Z. (L.N. 92 of 2018)This regulation applies to a liquid substance that is not listed in the Pollution Category column of the table in Chapter 17 or 18 of the IBC Code.
The Director may, in accordance with Regulation 6 of Annex II—
provisionally assess a substance; and
give written permission for a ship to carry the substance in bulk.
This regulation applies to a Hong Kong ship that—
is constructed on or after 1 January 2017;
is a Category A ship, or Category B ship, as defined by section 2 of the Introduction of the Polar Code; and
is a type 3 ship as defined by paragraph 2.1.2.3 of Chapter 2 of the IBC Code.
A ship operating in polar waters must not load in bulk or carry in bulk any noxious liquid substance mentioned in paragraph 2.1.3 of Chapter 2 of Part II-A of the Polar Code unless—
there is in force in respect of the ship an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, or IBC Code Certificate, covering the substance; and
the loading and carriage is in accordance with the terms of that Certificate.
If in respect of any ship, there is a contravention of any of the requirements of these regulations, the owner and master of the ship each commits an offence and is liable—
on conviction upon indictment, to a fine at level 6; (37 of 1990 s. 12)
on summary conviction to a fine at level 3. (37 of 1990 s. 12)
It shall be a defence for a person charged under this regulation to show that he took all reasonable steps to ensure that these regulations were complied with.
If an offence under this regulation is committed or would, but for the operation of paragraph (2), have been committed by the owner or master of a ship due to the act or omission of some other person, that other person also commits the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the owner or master. (L.N. 92 of 2018)
The Director may, if he has reason to believe that a contravention of these regulations has occurred in respect of a ship, detain the ship. (37 of 1990 s. 12)
Where a ship other than a Hong Kong ship is detained under paragraph (1), the Director shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.
An INLS Certificate issued under these regulations and in force immediately before the commencement date* of the Amendment Regulation 2018 is taken as an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in accordance with these regulations as amended by the Amendment Regulation 2018.
A HKNLS Certificate issued under these regulations and in force immediately before the commencement date of the Amendment Regulation 2018 is taken as a Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in accordance with these regulations as amended by the Amendment Regulation 2018.
If an application for an INLS Certificate has been made before the commencement date of the Amendment Regulation 2018 for which a decision is pending, the application is to be regarded as an application for an INLS Certificate made under these regulations as amended by the Amendment Regulation 2018.
If an application for a HKNLS Certificate has been made before the commencement date of the Amendment Regulation 2018 for which a decision is pending, the application is to be regarded as an application for a HKNLS Certificate made under these regulations as amended by the Amendment Regulation 2018.
In this regulation—
Amendment Regulation 2018 (《2018年修訂規例》) means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulation 2018 (L.N. 92 of 2018). (E.R. 5 of 2018)(Repealed L.N. 186 of 1995)
(Repealed L.N. 186 of 1995)
(Repealed L.N. 92 of 2018)
(Repealed L.N. 92 of 2018)