Cap. 413O 《商船(防止廢物污染)規例》Merchant Shipping (Prevention of Pollution by Garbage) Regulation

(1)

In this Regulation—

all plastics (全塑料), in relation to garbage, means garbage that consists of or includes plastic in any form, including synthetic ropes, synthetic fishing nets, plastic garbage bags and ashes from the incineration of plastic products; animal carcasses (動物屍體) means the bodies of any animals that are carried on board as cargo and that die or are euthanized during the voyage; Annex V (《附則V》) means Annex V to the Convention, entitled “Regulations for the Prevention of Pollution by Garbage from Ships”, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; Antarctic area (南極區域) has the same meaning as in Annex V; (L.N. 48 of 2019) Arctic waters (北極水域) has the same meaning as in Annex V; (L.N. 48 of 2019) cargo remnants (貨物剩餘物), in relation to a ship, means the remnants of any cargo other than those which are regulated under any other subsidiary legislation made under the Ordinance; cargo residues (貨物殘餘物), in relation to a ship, means cargo remnants which remain on the deck or in holds following loading or unloading (including loading and unloading excess or spillage), whether in wet or dry condition or entrained in wash water, but does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship; Convention (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, and Annex V (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; cooking oil (食油) means any type of edible oil or animal fat used or intended to be used for the preparation or cooking of food; domestic wastes (起居廢棄物), in relation to a ship or a fixed or floating platform, means all types of wastes which are generated in the accommodation spaces on board the ship or the platform (other than those which are regulated under any other subsidiary legislation made under the Ordinance), but does not include grey water; electronic record book (電子紀錄簿) means a device or system used for recording in electronic form the matters required to be recorded in a Garbage Record Book under this Regulation; (L.N. 121 of 2020) en route (在航), in relation to a ship, means the ship is underway at sea on a course which, as far as practicable for navigational purposes, will cause any discharge from the ship to be spread over as great an area of the sea as is reasonable and practicable; fishing gear (漁具) means any physical device or part of the device, or any combination of items, that may be placed on or in the water or on the sea-bed with the intended purpose of capturing, or controlling for subsequent capture or harvesting, marine or fresh water organisms; fishing or aquaculture activities (捕魚或水產養殖活動), in relation to a ship, means— (a)fishing activities undertaken during the voyage of the ship; or (b)aquaculture activities which involve—(i)the transport of fish (including shellfish) for placement in an aquaculture facility; and (ii)the transport of harvested fish (including shellfish) from the facility to shore for processing; fixed or floating platform (固定式或浮式平台) means a fixed or floating structure located at sea which is engaged in the exploration, exploitation or associated offshore processing of sea-bed mineral resources; (17 of 2018 s. 105) food wastes (食物廢棄物), in relation to a ship or a fixed or floating platform, means any spoiled or unspoiled food substances and includes fruits, vegetables, dairy products, poultry, meat products and food scraps generated aboard the ship or the platform; garbage (廢物)— (a)in relation to a ship, means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, incinerator ashes, cooking oil, fishing gear and animal carcasses which are generated during the normal operation of the ship and liable to be disposed of continuously or periodically, but does not include—(i)any substance which is regulated under any other subsidiary legislation made under the Ordinance; and (ii)fresh fish or any part of fresh fish generated as a result of fishing or aquaculture activities; and (b)in relation to a fixed or floating platform, means all kinds of food wastes, domestic wastes and operational wastes, all plastics, incinerator ashes and cooking oil which are generated during the normal operation of the platform and liable to be disposed of continuously or periodically, but does not include any substance which is regulated under any other subsidiary legislation made under the Ordinance; Government surveyor (政府驗船師) means a person appointed under section 15 to be a Government surveyor; IMO means the International Maritime Organization; incinerator ashes (焚化爐灰燼) means ashes and clinkers resulting from the incineration of garbage on board a ship or a fixed or floating platform; nearest land (最近陸地), when used in “from the nearest land”, means— (a)in relation to all land (other than the land referred to in paragraph (b)), the baseline from which the territorial sea of the territory in question is established in accordance with international law; and (b)in relation to the north-eastern coast of Australia which lies between the points 11°00´S, 142°08´E and 24°42´S, 153°15´E, straight lines joining consecutively the following points—(i)11°00´S, 142°08´E; (ii)10°35´S, 141°55´E;(iii)10°00´S, 142°00´E; (iv)9°10´S, 143°52´E; (v)9°00´S, 144°30´E; (vi)10°41´S, 145°00´E; (vii)13°00´S, 145°00´E; (viii)15°00´S, 146°00´E; (ix)17°30´S, 147°00´E; (x)21°00´S, 152°55´E; (xi)24°30´S, 154°00´E; and (xii)24°42´S, 153°15´E; operational wastes (操作所致廢棄物)— (a)in relation to a ship, means solid wastes which are collected on board during the normal maintenance or operation of the ship, or used for cargo stowage or handling, and includes cleaning agents and additives contained in cargo hold wash water, deck wash water or external surfaces wash water, but does not include grey water, bilge water, or other similar discharges essential to the operation of the ship as specified in the guidelines developed by IMO for the implementation of Annex V; and (b)in relation to a fixed or floating platform, means solid wastes which are collected on board during the normal maintenance or operation of the platform, and includes cleaning agents and additives contained in deck wash water or external surfaces wash water, but does not include grey water, bilge water, or other similar discharges essential to the operation of the platform as specified in the guidelines developed by IMO for the implementation of Annex V; plastic (塑料) means a solid material— (a)which contains as an essential ingredient one or more high molecular mass polymers; (b)which is formed or shaped during either the manufacture of the polymer or the fabrication of the polymer into a finished product by heat or pressure; and (c)which has material properties ranging from hard and brittle to soft and elastic; 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. 48 of 2019) ship (船、船舶) means a vessel operating in the marine environment and includes a hydrofoil, hovercraft, submersible or floating craft, but does not include a fixed or floating platform; solid wastes (固體廢棄物) means all solid wastes (including slurries) other than those which are regulated under any other subsidiary legislation made under the Ordinance; special area (特殊區域) has the meaning given by Regulation 1 of Annex V; special cargo residues (特殊貨物殘餘物) means cargo residues which cannot be recovered using commonly available methods for unloading; special discharge from a platform (平台特殊排放), in relation to a fixed or floating platform, means a discharge— (a)that is necessary for the purpose of securing the safety of the platform and the persons on board the platform or of saving life at sea; or (b)that is an accidental loss resulting from damage to the platform or its equipment; special discharge from a ship (船舶特殊排放), in relation to a ship, means a discharge— (a)that is necessary for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea; (b)that is an accidental loss resulting from damage to the ship or its equipment; (c)that is a discharge of fishing gear from the ship for the protection of the marine environment or for the safety of the ship or its crew; or (d)that is an accidental loss of fishing gear from the ship; treated food wastes (經處理食物廢棄物) means food wastes— (a)which have passed through a comminuter or grinder; and (b)which are capable of passing through a screen with openings no greater than 25 mm. (L.N. 48 of 2019)

(L.N. 48 of 2019)

(2)

In this Regulation—

(1)

This Regulation applies to—

(2)

This Regulation does not apply to—

(1)

Subject to subsection (2) and sections 5, 5A, 6 and 6A, the discharge of garbage from a ship into the sea is prohibited. (L.N. 48 of 2019)

(2)

The discharge (whether outside or within a special area) of treated food wastes from a ship is permitted if—

(1)

A ship (but not a ship that is alongside or within 500 m of a fixed or floating platform) may discharge the garbage referred to in subsection (4), (5), (6) or (7) into the sea outside a protected area if— (L.N. 48 of 2019)

(2)

A ship (but not a ship that is alongside or within 500 m of a fixed or floating platform) may discharge the garbage referred to in subsection (8) into the sea outside a protected area. (L.N. 48 of 2019)

(3)

The requirement in subsection (1)(a) does not apply if—

(4)

The garbage is treated food wastes and the discharge is made as far as practicable from the nearest land and in any case not less than 3 nautical miles from the nearest land.

(5)

The garbage is food wastes (other than treated food wastes) and the discharge is made as far as practicable from the nearest land and in any case not less than 12 nautical miles from the nearest land.

(6)

The garbage is special cargo residues that are not classified as harmful to the marine environment according to appendix I to Annex V, and the discharge is made as far as practicable from the nearest land and in any case not less than 12 nautical miles from the nearest land. (L.N. 128 of 2019)

(7)

The garbage is animal carcasses and the discharge is made as far as practicable from the nearest land and after taking into account the guidelines developed by IMO for the implementation of Annex V.

(8)

The garbage is cleaning agents and additives—

(9)

In this section—

protected area (受保護區域) means— (a)a special area; or (b)Arctic waters. (L.N. 48 of 2019)

(1)

Despite section 3, this section does not apply to a ship that is—

(2)

Food wastes may be discharged from a ship into the sea in Arctic waters if the discharge is made in accordance with—

(3)

Special cargo residues contained in cargo hold wash water may be discharged from a ship into the sea in Arctic waters if the discharge is made in accordance with—

(4)

Cleaning agents or additives contained in cargo hold wash water may be discharged from a ship into the sea in Arctic waters if—

(5)

Cleaning agents or additives contained in deck wash water or in external surfaces wash water may be discharged from a ship into the sea in Arctic waters if the discharge is made in accordance with Regulation 4.2 of Annex V.

(1)

A ship (but not a ship that is alongside or within 500 m of a fixed or floating platform) may discharge the garbage referred to in subsection (4) or (6) into the sea within a specified area if— (L.N. 48 of 2019)

(2)

A ship (but not a ship that is alongside or within 500 m of a fixed or floating platform) may discharge the garbage referred to in subsection (8) into the sea within a specified area. (L.N. 48 of 2019)

(3)

The requirement in subsection (1)(a) does not apply if—

(4)

The garbage is treated food wastes which have not been contaminated by any other type of garbage, and the discharge is made as far as practicable from the nearest land (or the nearest ice shelf) and in any case not less than 12 nautical miles from the nearest land (or the nearest ice shelf). (L.N. 48 of 2019)

(5)

(Repealed L.N. 48 of 2019)

(6)

The garbage is harmless special cargo residues or harmless cleaning agents and additives, and the conditions set out in subsection (7) are satisfied.

(7)

The conditions are—

(8)

The garbage is cleaning agents and additives—

(9)

In this section—

harmless cleaning agents and additives (無害清潔劑及添加劑) means cleaning agents and additives— (a)which are contained in cargo hold wash water; and (b)which only contain substances classified as not harmful to the marine environment as specified in the guidelines developed by IMO for the implementation of Annex V; harmless special cargo residues (無害特殊貨物殘餘物) means special cargo residues— (a)which are contained in cargo hold wash water; and (b)which are not classified as harmful to the marine environment according to appendix I to Annex V; (L.N. 48 of 2019; L.N. 128 of 2019) specified area (指明區域) means a special area other than the Antarctic area. (L.N. 48 of 2019)

(1)

Despite section 3, this section does not apply to a ship that is—

(2)

Food wastes may be discharged from a ship into the sea in the Antarctic area if the discharge is made in accordance with—

(3)

Special cargo residues contained in cargo hold wash water may be discharged from a ship into the sea in the Antarctic area if the discharge is made in accordance with—

(4)

Cleaning agents or additives contained in cargo hold wash water may be discharged from a ship into the sea in the Antarctic area if the discharge is made in accordance with—

(5)

Cleaning agents or additives contained in deck wash water or in external surfaces wash water may be discharged from a ship into the sea in the Antarctic area if the discharge is made in accordance with Regulation 6.2 of Annex V.

(1)

Subject to subsection (2), the discharge of garbage from a fixed or floating platform into the sea is prohibited.

(2)

The discharge of treated food wastes from a fixed or floating platform is permitted if the platform is located more than 12 nautical miles from the nearest land.

(1)

A ship of 12 m or more in length overall must display a placard that complies with the requirements set out in subsection (3).

(2)

A fixed or floating platform must display a placard that complies with the requirements set out in subsection (4).

(3)

For subsection (1), the placard—

(4)

For subsection (2), the placard—

(5)

In this section—

length overall (總長度), in relation to a ship, means the distance between the foreside of the foremost fixed permanent structure and the aftside of the aftermost fixed permanent structure of the ship.

(1)

A ship referred to in subsection (2) must have on board a Garbage Management Plan that complies with the requirements set out in subsection (4) and the crew of the ship must implement the Plan.

(2)

Subsection (1) applies to a ship—

(3)

A fixed or floating platform must have on board a Garbage Management Plan that complies with the requirements set out in subsection (4) and the persons on board the platform must implement the Plan.

(4)

The Plan referred to in subsection (1) or (3)—

(1)

A ship referred to in subsection (2), and a fixed or floating platform, must have on board a Garbage Record Book that complies with the requirements set out in subsection (3).

(2)

Subsection (1) applies to any of the following ships—

(3)

The requirements are as follows—

(3A)

An electronic record book may be used for recording matters to be recorded in the Book only if the electronic record book is approved by the following authority after taking into account the guidelines developed by IMO—

(4)

(Repealed L.N. 128 of 2019)

(5)

The Book, and the receipts obtained from reception facilities, must be kept on board the ship or the platform in a place so as to be readily available for inspection at all reasonable times for a period of 2 years from the date of the last entry made in the Book. (L.N. 128 of 2019)

(1)

This section applies to a ship of less than 100 gross tonnage that is not required to keep a Garbage Record Book. (L.N. 18 of 2024)

(2)

If there is a special discharge from a ship, an entry must be made in the official log book of the ship in compliance with the applicable requirements in Regulation 10.3.6 of Annex V. (L.N. 128 of 2019)

(1)

If there is a discharge of fishing gear from a ship for the protection of the marine environment or for the safety of the ship or its crew, or an accidental loss of fishing gear from a ship, and the discharge or loss poses a significant threat to the marine environment or navigation, the master of the ship must report the discharge or loss to the Authority.

(2)

In this section—

Authority (有關當局), in relation to a ship, means—(a)if the discharge or loss occurs within the waters subject to the jurisdiction of a coastal state, the state; and (b)the state whose flag the ship is entitled to fly.

(1)

The Director may recognize an organization for approving an electronic record book for a Hong Kong ship, after taking into account the guidelines developed by IMO.

(2)

For section 11(3A), an electronic record book approved by the organization is regarded as having been approved under that section.

(1)

Any of the powers conferred by this section may be exercised for the purpose of ascertaining whether this Regulation has been or is being complied with.

(2)

A Government surveyor may, at any reasonable time—

(3)

After boarding the ship or the platform, the Government surveyor may—

(4)

If an inspection of a ship or a fixed or floating platform under subsection (3) reveals a deficiency, the Director may give a direction to the master of the ship or the platform requiring the master to cause the ship or the platform not to proceed to sea until the deficiency is rectified.

(5)

A master to whom a direction is given under subsection (4) must—

(1)

Without limiting section 16, a Government surveyor may do one or more of the following—

(2)

A copy certified by the master under subsection (1) is admissible in evidence on its production in any proceedings without further proof and is evidence of the facts stated in the copy.

(1)

A person must not—

(2)

A person must comply with a requirement imposed on the person under section 16(3).

(1)

If any of the requirements in section 4(1), 9(1), 10(1), 11(1) or (5), 12(2) or 13(1) is contravened in respect of a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 6.

(2)

If section 7 is not complied with, the owner and the master of the ship concerned each commits an offence and is liable to a fine at level 6.

(3)

If any of the requirements in section 8(1), 9(2), 10(3) or 11(1) or (5) is contravened in respect of a fixed or floating platform, the owner and the master of the platform each commits an offence and is liable to a fine at level 6.

(4)

A master of a ship or a fixed or floating platform who fails to comply with a direction given under section 16(4) commits an offence and is liable to a fine at level 6.

(5)

A person who contravenes section 18(1) commits an offence and is liable to a fine at level 6.

(6)

A person who without reasonable excuse fails to comply with section 18(2) commits an offence and is liable to a fine at level 6.

(7)

If an offence under this section is committed, or would, save for the operation of section 20, have been committed by the owner or the master of a ship or a fixed or floating platform 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 the master.

(1)

If a person is charged with an offence under section 19(1) for contravening section 4(1), it is a defence for the person charged to prove that the discharge—

(2)

If a person is charged with an offence under section 19(3) for contravening section 8(1), it is a defence for the person charged to prove that the discharge—