Merchant Shipping (BCH Code) Regulations
[6 May 1987]
(Format changes—E.R. 6 of 2024)
These regulations may be cited as the Merchant Shipping (BCH Code) Regulations.
In these regulations the following expressions have the following meanings—
1974 SOLAS Convention (《1974年國際海上人命安全公約》) means the International Convention for the Safety of Life at Sea, 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. 93 of 2018) 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. 93 of 2018) anniversary date (周年日期), in relation to a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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. 93 of 2018) BCH Code (散化規則) means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organization, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 184 of 1995; L.N. 93 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 Merchant Shipping (Safety) Ordinance (Cap. 369); (L.N. 93 of 2018) 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 of the IBC Code as falling into Category X, Y or Z; (L.N. 93 of 2018) Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (散裝運輸危險化學品適裝證書) means— (a)a certificate issued under regulation 5; (b)a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by a recognized organization; or (c)a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by or under the authority of an Administration; (L.N. 93 of 2018) chemical tanker (化學品液貨船) means a ship constructed or adapted for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code; (L.N. 93 of 2018) constructed (建造) in the expressions “constructed on or after” (於…或之後建造) and “constructed before” (於…之前建造) means, in relation to a ship, having its keel laid or being at a similar stage of construction; and similar stage of construction (相若建造階段) means the stage at which— (a)construction identifiable with a specific ship begins; and (b)assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less; Control of Pollution by Noxious Liquid Substances Regulations (控制有毒液體物質污染規例) means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B); 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. 93 of 2018) Convention country (公約國) means a country which is a party to the Convention; (L.N. 93 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. 93 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 the International Maritime Organization, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 184 of 1995; L.N. 93 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; internationally-trading (國際營運的) means engaged otherwise than as a Hong Kong-trading ship; recognized organization (認可機構) means an organization recognized under regulation 2AB; (L.N. 93 of 2018) sea (海、海域) includes all waters navigable by sea-going ships. (L.N. 93 of 2018)In interpreting the BCH Code—
the provisions of the BCH Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly;
the definitions set out in Chapter I, paragraph 1.4 thereof, shall apply;
the footnotes to Part A of Chapter II, to paragraphs 2.14.1, 2.15.6(b), 3.13, 3.14, 3.15.2, 3.16.4 and to Chapter 17 of the IBC Code shall be construed as an integral part of the BCH Code; (L.N. 184 of 1995)
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; and (L.N. 106 of 2002; L.N. 130 of 2007; L.N. 93 of 2018)
for the second sentence of the footnote to paragraph 3.13 there shall be substituted:“All chemical tankers constructed after 20 May 1980 but before 1 September 1984 are to comply with section 3.13 of the 1980 edition of this Code.”. (L.N. 93 of 2018)
(Repealed L.N. 93 of 2018)
These regulations apply, subject to the following provisions of this regulation, to chemical tankers constructed before 1 July 1986 which are engaged in the carriage of Category X, Y or Z substances. (L.N. 93 of 2018)
These regulations apply to all ships specified in paragraph (1) which are Hong Kong ships wherever they may be and to other such ships while they are within the waters of Hong Kong: Provided that in the case of a ship registered in a country that is not a Convention country they shall 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, the master or the charterer (if any). (L.N. 93 of 2018)
These regulations shall not apply to any ship to which the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg. E) apply by virtue of regulation 2(1)(b) or (c) thereof (ships converted or undergoing major modifications after 1 July 1986).
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. 93 of 2018)
The Director may, in writing, appoint persons to be Government surveyors for the purposes of these regulations. (L.N. 93 of 2018)
(Repealed 24 of 2023 s. 35)
The Director may recognize an organization for—
carrying out surveys of Hong Kong ships;
issuing Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of Hong Kong ships;
making endorsements on the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
with the prior written consent of the Director, granting extensions of the validity periods of the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
altering any particulars contained in the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
issuing certified true copies of the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 Chapter I of the BCH Code; and
to do the following—
issue a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of the ship in conformity with Chapter I of the BCH Code; or
endorse on a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in conformity with Chapter I of the BCH Code.
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 regulation 4 as if the ship were a Hong Kong ship; and
do the following—
issue a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of the ship under regulation 5 as if the ship were a Hong Kong ship; or
endorse on a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in conformity with Chapter I of the BCH Code.
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. 93 of 2018)
Chemical tankers to which these regulations apply shall comply with the requirements of the BCH Code as follows—
every internationally-trading chemical tanker for which the building contract was placed on or after 2 November 1973; and
every Hong Kong-trading chemical tanker which was constructed on or after 1 July 1983,
shall be constructed, fitted, equipped, arranged and operated in accordance with the requirements relevant to it of Chapters II-VI inclusive and VIII of the BCH Code; (L.N. 184 of 1995)
every internationally-trading chemical tanker for which the building contract was placed before 2 November 1973; and
every Hong Kong-trading chemical tanker of 1 600 gross tonnage or over which was constructed before 1 July 1983,
shall be constructed, equipped and operated in accordance with the requirements relevant to it of the BCH Code except to the extent provided in subparagraphs 1.7.3(a)-(f) thereof.
Every Hong Kong-trading chemical tanker of less than 1 600 gross tonnage which was constructed before 1 July 1983 shall be operated in accordance with the requirements of Chapter V of the BCH Code.
Where any amendment to the BCH Code involves changes to the structure or equipment and fittings of ships due to the upgrading of the requirements for the carriage of certain substances, the Director may by notice published in the Gazette modify or delay for a specified period the application of such amendment to ships constructed before the date of entry into force of the amendment, if he considers that the immediate application of the amendment is unreasonable or impracticable.
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 and Cargo Ship Safety Radio Certificate or Cargo Ship Safety Certificate is issued) of a chemical tanker shall be subjected to the following surveys— (L.N. 93 of 2018)
an initial survey before the ship is put in service or before the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk is issued in respect of the ship for the first time; an initial survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the relevant provisions of the BCH 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 relevant provisions of the BCH Code;
an intermediate survey within the period commencing 3 months before and ending 3 months after the second anniversary date of the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship; intermediate surveys shall be such as to ensure that the equipment and associated pump and piping systems fully comply with the relevant provisions of the BCH Code 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 the appendix to the BCH Code shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
an annual survey within the period commencing 3 months before and ending 3 months after each anniversary date of the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship which is to include a general inspection of the structure, equipment, fittings, arrangements and materials referred to in subparagraph (a) to ensure that they have been maintained in accordance with regulation 6 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 the appendix to the BCH Code shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 6(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 danger to the ship or persons on board or without presenting any unreasonable threat of harm to the marine environment. (L.N. 93 of 2018)
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. 93 of 2018)
Upon satisfactory completion by a Government surveyor of an initial or renewal survey under regulation 4 of these regulations and under regulation 23 of the Control of Pollution by Noxious Liquid Substances Regulations the Director shall issue to a ship which complies with the relevant requirements of the BCH Code and of Annex II to the Convention a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. (L.N. 93 of 2018)
The Certificate is valid for the period specified by the Director in the Certificate. (L.N. 93 of 2018)
The period specified by the Director must not exceed 5 years from the date of issue stated in the Certificate. (L.N. 93 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, notwithstanding that the surveys referred to in regulation 4 were not carried out by a Government surveyor, that— (L.N. 93 of 2018)
the ship has, in conformity with Chapter I of the BCH Code, 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 a Certificate of Fitness for the Carriage of Dangerous Chemicals 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 the BCH Code; and
since completion of the surveys referred to in subparagraph (a) no change has been made in the structure, equipment, 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 a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. (L.N. 93 of 2018)
The Certificate issued under paragraph (4) must not expire after the expiry date of the Certificate mentioned in subparagraph (b) of that paragraph. (L.N. 93 of 2018)
(Repealed L.N. 93 of 2018)
A Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must be kept on board the ship and must be readily available for inspection at all reasonable times.
A new Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of a ship as a result of a renewal survey under regulation 4 is valid for such period as may be specified by the Director in the Certificate in accordance with paragraph 1.6.6 of Chapter I of the BCH 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 4(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 4(1)(d).
After a survey in respect of a ship is completed as described in paragraph (1), the existing Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 4(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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship may be varied by the Director in accordance with paragraph 1.6.6 of Chapter I of the BCH Code.
The Director may extend the validity period of an existing Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of a ship in accordance with paragraph 1.6.6 of Chapter I of the BCH Code if—
the Certificate is valid for a period of less than 5 years;
a new Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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, fittings, arrangements or materials covered by the survey, other than the direct replacement of them;
a survey referred to in regulation 4(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 4(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 4(1)(c) or under Chapter I of the BCH Code, after an intermediate survey of the ship is carried out;
the Certificate is not endorsed under regulation 4(1)(d) or under Chapter I of the BCH Code, 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 5B, 5C and 5D, a certificate issued under regulation 5 is to be regarded as a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk referred to in paragraph 1.6 of Chapter I of the BCH Code.
A Government surveyor may, by written notice, require the owner or master of a Hong Kong ship in respect of which a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 4, 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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.
The owner of a ship in respect of which a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk has been issued by the Director 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 a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk has been issued by the Director 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 the BCH Code.
After any survey referred to in regulation 4 has been completed in respect of a Hong Kong ship, 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.
Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment covered by the BCH Code, 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 the BCH 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 any particular provision, procedure or arrangement is at least as effective as that required by the BCH Code.
The Director may exempt any ship or class or description of ship from any of the requirements of these regulations or of the BCH Code, 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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk 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 8A; 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 8A(3)(h).
A person must comply with a requirement imposed on the person under regulation 8A(3).
No ship to which these regulations apply shall load in bulk or carry in bulk any Category X, Y or Z substance unless— (L.N. 93 of 2018)
there is in force in respect of that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk covering the substance which the ship is loading or carrying; and
the loading and carriage is in accordance with the terms of that certificate; or
either the Director or an Administration has given specific approval to its carriage and any conditions relevant to loading or carriage subject to which that approval was given are complied with. (L.N. 93 of 2018)
If in respect of any ship, there is a contravention of regulation 3, 5A, 5G(4), 5H(4), 6, 8A(5) and (7), 8B or 9, the owner and the master of the ship each commits an offence and is liable— (L.N. 93 of 2018)
on conviction upon indictment, to a fine at level 6;
on summary conviction, to a fine at level 3. (37 of 1990 s. 12; E.R. 6 of 2024)
(Repealed L.N. 93 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 in question 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. 93 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.
(Repealed L.N. 93 of 2018)