Merchant Shipping (Prevention and Control of Pollution) (Fees) Regulation
(Enacting provision omitted—E.R. 1 of 2016)
[2 February 2007] L.N. 287 of 2006
(Format changes—E.R. 1 of 2016)
(Omitted as spent—E.R. 1 of 2016)
In this Regulation, unless the context otherwise requires—
Government surveyor (政府驗船師) means a person appointed by the Director— (a)to be a Government surveyor under section 4 of the Merchant Shipping (Prevention of Pollution by Sewage) Regulation (Cap. 413 sub. leg. K); (b)to be a Government surveyor under the Merchant Shipping (Prevention of Air Pollution) Regulation (Cap. 413 sub. leg. P); (L.N. 211 of 2007; L.N. 53 of 2015; L.N. 20 of 2016; E.R. 1 of 2016; L.N. 90 of 2018) (c)to be a Government surveyor under the Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Regulation (Cap. 413 sub. leg. N); (L.N. 53 of 2015; E.R. 1 of 2016) (d)to be a Government surveyor under the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg. A); (L.N. 90 of 2018) (e)to be a Government surveyor under the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B); (L.N. 90 of 2018) (f)to be a Government surveyor under the Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg. D); (L.N. 90 of 2018) (g)to be a Government surveyor under the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg. E); or (L.N. 90 of 2018) (h)to be a Government surveyor under the Merchant Shipping (Control of Ballast Water and Sediments) Regulation (Cap. 413 sub. leg. Q); (L.N. 90 of 2018; E.R. 5 of 2020) office hours (辦公時間) means the hours between 8:30 a.m. and 5:45 p.m. on Monday to Friday, excluding general holidays. (L.N. 211 of 2007)Where a service specified in Schedule 1 is carried out within Hong Kong by a Government surveyor, there shall be payable in respect of the service by each Government surveyor a fee of—
$3,270 for the first hour or part hour; and
$1,115 for each subsequent hour or part hour,
during which the service by the surveyor continues.
Where a service specified in Schedule 1 is carried out outside Hong Kong by a Government surveyor sent from Hong Kong, there shall be payable in respect of the service by each Government surveyor—
a fee of $7,645 for each period of 24 hours or part of it during which the surveyor is absent from Hong Kong on account of the service; and
a fee of such amount that is, in the opinion of the Director, equivalent to the travelling and subsistence expenses of the surveyor during the period the surveyor is so absent.
The duration of a Government surveyor’s absence from Hong Kong is calculated with reference to the time of departure from and arrival at Hong Kong.
If part of a service specified in Schedule 1 is carried out within Hong Kong by a Government surveyor, and part of the service is carried out outside Hong Kong by a Government surveyor sent from Hong Kong, the fee payable in respect of the service is the aggregate of—
the fee payable in respect of the part of the service carried out within Hong Kong by each Government surveyor, calculated in accordance with section 3; and
the fee payable in respect of the part of the service carried out outside Hong Kong by each Government surveyor, calculated in accordance with section 4.
Where a service specified in Schedule 1, or part of it, is carried out (whether within Hong Kong or not) by a Government surveyor outside office hours on any date, there shall be payable, in addition to the appropriate fees payable under section 3, 4 or 5, in respect of the service, or the part of the service, by each Government surveyor outside office hours—
subject to paragraph (d), if that date falls on any day from Monday to Friday, a fee of— (L.N. 211 of 2007)
$1,115 for each hour or part of it between 6:30 a.m. and 8:30 a.m. or between 5:45 p.m. and 7:45 p.m. during which the service, or the part of the service, by the surveyor continues; and
$2,215 for each hour or part of it before 6:30 a.m. or after 7:45 p.m. during which the service, or the part of the service, by the surveyor continues; (L.N. 211 of 2007)
(Repealed L.N. 211 of 2007)
subject to paragraph (d), if that date is a Saturday or Sunday, a fee of $3,270 for each hour or part of it during which the service, or the part of the service, by the surveyor continues; (L.N. 211 of 2007)
if that date falls on a calendar day that is a general holiday in Hong Kong, a fee of $3,270 for each hour or part of it during which the service, or the part of the service, by the surveyor continues.
For the purposes of subsection (1), where a service, or part of it, is carried out in a place outside Hong Kong, a reference to any time or date in that subsection (except the reference to general holiday in subsection (1)(d)) is a reference to the time or date according to the local time in the place.
Subsection (1) does not apply if 3 days’ notice of the requirement for the service has been given to the Director by the person requesting the service, but the Director has caused the service to be carried out outside office hours.
The fee for the issue of a certificate or statement specified in Schedule 2 is $565.
The fee for the issue of a certified true copy of a certificate or statement specified in Schedule 2 is $565.
The fee for the making of any alteration to a certificate or statement specified in Schedule 2 is $565.
Where—
at the request of any person, a service specified in Schedule 1 is carried out by a Government surveyor; and
in consequence of the act of the person, the service is abandoned before it is completed,
the fee payable in respect of the service under this Regulation may be reduced at the discretion of the Director.
In exercising the discretion under subsection (1), the Director shall have regard to the nature and extent of the work involved in the service.
Subject to subsection (2), a fee payable in respect of a service specified in Schedule 1, or a certificate or statement specified in Schedule 2, under this Regulation shall be paid to the Director before the service is carried out or the certificate or statement (or the certified true copy of the certificate or statement) is issued or the certificate or statement is altered. (L.N. 22 of 2019)
The Director may, in any particular case, permit the whole, or any part, of any fee payable under this Regulation to be paid in arrears, subject to such conditions as to security or time for payment as the Director thinks fit.
Notwithstanding sections 3, 4 and 6, no fee shall be payable in respect of any service specified in Schedule 1 that is carried out at the request of—
the Central People’s Government; or
any department of the Government of Hong Kong,
for official purposes.
Notwithstanding section 7(2), no fee shall be payable in respect of the issue of a certified true copy of a certificate or statement specified in Schedule 2 that is issued at the request of— (L.N. 22 of 2019)
the Central People’s Government;
any department of the Government of Hong Kong; or
the representative of a government other than the Government of Hong Kong,
when the copy is required for official purposes.
An initial survey, renewal survey or additional survey within the meaning of the Merchant Shipping (Prevention of Pollution by Sewage) Regulation (Cap. 413 sub. leg. K).
An initial survey, renewal survey, intermediate survey, annual survey or additional survey within the meaning of the Merchant Shipping (Prevention of Air Pollution) Regulation (Cap. 413 sub. leg. P). (L.N. 211 of 2007; L.N. 20 of 2016; E.R. 1 of 2016)
An initial survey or additional survey within the meaning of the Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Regulation (Cap. 413 sub. leg. N). (L.N. 53 of 2015; E.R. 1 of 2016)
An initial survey, renewal survey, intermediate survey, annual survey or additional survey within the meaning of the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg. A). (L.N. 90 of 2018)
An initial survey, renewal survey, intermediate survey, annual survey or additional survey within the meaning of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B). (L.N. 90 of 2018)
An initial survey, renewal survey, intermediate survey, annual survey or additional survey within the meaning of the Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg. D). (L.N. 90 of 2018)
An initial survey, renewal survey, intermediate survey, annual survey or additional survey within the meaning of the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg. E). (L.N. 90 of 2018)
An initial survey, renewal survey, intermediate survey, annual survey or additional survey within the meaning of the Merchant Shipping (Control of Ballast Water and Sediments) Regulation (Cap. 413 sub. leg. Q). (L.N. 90 of 2018; E.R. 5 of 2020)
A sewage certificate or exemption certificate within the meaning of the Merchant Shipping (Prevention of Pollution by Sewage) Regulation (Cap. 413 sub. leg. K). (L.N. 181 of 2022)
A HKAPP Certificate, IAPP Certificate, IAPPE Certificate, IEE Certificate or Statement of Compliance within the meaning of the Merchant Shipping (Prevention of Air Pollution) Regulation (Cap. 413 sub. leg. P). (L.N. 20 of 2016; E.R. 1 of 2016; L.N. 22 of 2019; L.N. 181 of 2022)
An IAFS Certificate within the meaning of the Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Regulation (Cap. 413 sub. leg. N). (L.N. 53 of 2015; E.R. 1 of 2016)
A HKOPP Certificate, IOPP Certificate or IOPPE Certificate within the meaning of the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg. A). (L.N. 90 of 2018; L.N. 181 of 2022)
A HKNLS Certificate or INLS Certificate within the meaning of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B). (L.N. 90 of 2018)
A Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued under regulation 5 of the Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg. D). (L.N. 90 of 2018)
An International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued under regulation 5 of the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg. E). (L.N. 90 of 2018)
An IBWM Certificate within the meaning of the Merchant Shipping (Control of Ballast Water and Sediments) Regulation (Cap. 413 sub. leg. Q). (L.N. 90 of 2018; E.R. 5 of 2020)