Cap. 413K 《商船(防止污水污染)規例》Merchant Shipping (Prevention of Pollution by Sewage) Regulation
生效中Merchant Shipping (Prevention of Pollution by Sewage) Regulation
(Cap. 413, sections 3 and 3A)
(Enacting provision omitted—E.R. 3 of 2015)
[2 February 2007] L.N. 287 of 2006
(Format changes—E.R. 3 of 2015)
Part 1 — General Provisions
1. (Omitted as spent—E.R. 3 of 2015)
2. Interpretation
In this Regulation, unless the context otherwise requires— (L.N. 155 of 2022)
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. 108 of 2015) Annex IV (《附則IV》) means the revised Annex IV to the Convention adopted by the International Maritime Organization by resolution MEPC.115(51), as from time to time revised or amended by the revision or amendment that applies to Hong Kong; (L.N. 108 of 2015) Convention (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, and Annex IV (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. 108 of 2015) Convention country (公約國) means a country which is a party to the Convention; exemption certificate (豁免證書) means an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges issued under section 18A; (L.N. 155 of 2022) from the nearest land (距離最近陸地)— (a)in relation to all land other than the part of Australia mentioned in paragraph (b), means from the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state; (b)in relation to the part of the North-eastern coast of Australia which lies between the points 11o 00’S, 142o 08’E and 24o 42’S, 153o 15’E, means from the straight lines joining consecutively the following points—(i)11o 00’S, 142o 08’E;(ii)10o 35’S, 141o 55’E;(iii)10o 00’S, 142o 00’E;(iv)9o 10’S, 143o 52’E;(v)9o 00’S, 144o 30’E;(vi)10o 41’S, 145o 00’E;(vii)13o 00’S, 145o 00’E;(viii)15o 00’S, 146o 00’E;(ix)17o 30’S, 147o 00’E;(x)21o 00’S, 152o 55’E;(xi)24o 30’S, 154o 00’E; and(xii)24o 42’S, 153o 15’E; Government surveyor (政府驗船師) means the person appointed under section 4 to be a Government surveyor; holding tank (集存艙) means a tank used for the collection and storage of sewage; Hong Kong ship (香港船舶) means a ship registered under the Merchant Shipping (Registration) Ordinance (Cap. 415); international voyage (國際航程) means a voyage between— (L.N. 108 of 2015)(a)Hong Kong and a port outside the People’s Republic of China; or(b)a port in a Convention country and a port outside that country (whether in another Convention country or not); (L.N. 108 of 2015) ISPP Certificate (國際防污水證書) means— (a)a sewage certificate; (b)an International Sewage Pollution Prevention Certificate issued by a recognized organization in conformity with Annex IV to the Convention; or (c)an International Sewage Pollution Prevention Certificate issued by or under the authority of an Administration in conformity with Annex IV to the Convention; (L.N. 108 of 2015; L.N. 155 of 2022) ISPPE Certificate (國際防污水免除證書) means— (a)an exemption certificate; (b)an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges issued by a recognized organization in conformity with Annex IV to the Convention; or (c)an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges issued by or under the authority of an Administration in conformity with Annex IV to the Convention; (L.N. 155 of 2022) non-Hong Kong ship (非香港船舶) means a ship other than a Hong Kong ship; recognized organization (認可機構) means an organization recognized under section 5; sewage (污水) means— (a)drainage or other wastes from any form of toilet or urinal; (b)drainage from medical premises via wash basins, wash tubs or scuppers located in such premises; (c)drainage from spaces containing living animals; or (d)other waste waters when mixed with any drainage or wastes specified in paragraph (a), (b) or (c) or any combination of them; sewage certificate (污水證書) means an International Sewage Pollution Prevention Certificate issued by the Director under section 9; (L.N. 108 of 2015; L.N. 155 of 2022) UNSP barge (無人非自航駁船) means an unmanned non-self-propelled (UNSP) barge as defined in Regulation 1 of Annex IV to the Convention. (L.N. 155 of 2022)In this Regulation, in relation to a barge that does not have a master, a reference to the master is a reference to the operator of the barge. (L.N. 155 of 2022)
3. Application and exemption
Subject to subsections (3) and (4), this Regulation applies to a ship that— (L.N. 108 of 2015)
is engaged in international voyages;
is of 400 gross tonnage or above, or is of less than 400 gross tonnage but is certified to carry more than 15 persons; and
is—
a Hong Kong ship wherever it may be; or
a non-Hong Kong ship within the waters of Hong Kong.
(Repealed L.N. 108 of 2015)
This Regulation does not apply to—
warships;
naval auxiliaries; and
other ships owned or operated by a government and used only on government non-commercial service.
The Director may exempt any ship or class or description of ships from any of the requirements of this Regulation on such conditions as he may specify and he may, subject to giving reasons, alter or cancel any exemption so granted.
(Repealed L.N. 108 of 2015)
4. Appointment of Government surveyors
The Director may appoint a person to be a Government surveyor for the purposes of this Regulation.
5. Director may recognize organizations to survey ships and issue and endorse certificates
The Director may recognize any organization for the purposes of—
carrying out surveys in respect of Hong Kong ships in conformity with Annex IV to the Convention and specifying any corrective actions which the organization considers necessary to be taken in respect of those ships; (L.N. 108 of 2015)
issuing International Sewage Pollution Prevention Certificates or International Sewage Pollution Prevention Exemption Certificates for Unmanned Non-self-propelled (UNSP) Barges in respect of Hong Kong ships in conformity with that Annex; and (L.N. 155 of 2022)
making endorsements on ISPP Certificates issued in respect of Hong Kong ships in conformity with that Annex.
For the purposes of this Regulation, an endorsement made on an ISPP Certificate by a recognized organization in conformity with Annex IV to the Convention has the same effect as an endorsement made by the Director under section 14.
6. Director may request Convention countries to survey ships and issue or endorse certificates
The Director may request any Convention country—
to carry out a survey in respect of a Hong Kong ship on his behalf in conformity with Annex IV to the Convention; and
to issue an International Sewage Pollution Prevention Certificate in respect of the ship, or to make an endorsement on the ISPP Certificate issued in respect of the ship, on his behalf in conformity with that Annex.
For the purposes of this Regulation, an endorsement made on an ISPP Certificate by a Convention country on behalf of the Director in conformity with Annex IV to the Convention has the same effect as an endorsement made by the Director under section 14.
6A. Director may issue sewage certificates etc. at request of Convention countries
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 sections 9 and 10 as if the ship were a Hong Kong ship;
issue a sewage certificate in respect of the ship under section 9 as if the ship were a Hong Kong ship; and
endorse on an ISPP Certificate in conformity with Annex IV to the Convention.
For the purpose of subsection (1), sections 9 and 10 apply as if a reference in those sections to the Schedule were a reference to Annex IV to the Convention.
Despite subsection (1)(b), no sewage certificate may be issued under that subsection in respect of a non-Hong Kong ship entitled to fly the flag of a country that is not a Convention country. (L.N. 155 of 2022)
7. Equivalents
Where this Regulation requires that a particular fitting or equipment shall be fitted in a ship, the Director may allow any other fitting or equipment to be fitted in the ship if he is satisfied that such fitting or equipment is at least as effective as that required by this Regulation.
Part 2 — Prohibition on Engaging Hong Kong Ships in International Voyages without ISPP Certificates
8. Prohibition on engaging Hong Kong ships in international voyages without ISPP Certificates
A Hong Kong ship to which this Regulation applies shall not be engaged in international voyages unless there is in force in respect of the ship an ISPP Certificate.
8A. Exemption for UNSP barges
A UNSP barge in respect of which an ISPPE Certificate is in force is exempted from section 8.
Part 3 — Issue of Certificates and Related Matters
Division 1 — International Sewage Pollution Prevention Certificates and Related Surveys
9. Applications for issue of International Sewage Pollution Prevention Certificates
An owner of a Hong Kong ship may apply to the Director for an International Sewage Pollution Prevention Certificate in respect of the ship. An application is to be accompanied by the prescribed fee in relation to the issue of the International Sewage Pollution Prevention Certificate. (L.N. 108 of 2015)
The Director shall not issue an International Sewage Pollution Prevention Certificate in respect of a Hong Kong ship unless the Director is satisfied—
where the ship—
is one in respect of which an ISPP Certificate has never been issued, that an initial survey of the ship has been carried out in accordance with section 10; or
is one in respect of which an ISPP Certificate has been issued, that a renewal survey of the ship has been carried out in accordance with section 10; and
that, on the evidence of a declaration of survey forwarded to the Director under section 10(4), the structure, equipment, systems, fittings, arrangements and material of the ship comply with the requirements under the Schedule and the equipment and associated piping system are in good working order.
An International Sewage Pollution Prevention Certificate issued under this section is valid for a period specified by the Director in accordance with section 12 or 17.
10. Initial surveys and renewal surveys
An initial survey or renewal survey of a ship for the purposes of section 9 is to be carried out by a Government surveyor. (L.N. 108 of 2015; L.N. 155 of 2022)
An initial survey of a ship shall include a complete survey of the structure, equipment, systems, fittings, arrangements and material of the ship.
A renewal survey of a ship shall, except where section 12(2) or (4)(b), 15, 16 or 17(2) is applicable, be carried out on a date not exceeding 5 years from the date of completion of the preceding initial survey or renewal survey, as may be applicable.
If, after having carried out an initial survey or renewal survey in respect of a ship, the Government surveyor is satisfied that the structure, equipment, systems, fittings, arrangements and material of the ship comply with the requirements under the Schedule and the equipment and associated piping system are in good working order, he shall— (L.N. 108 of 2015)
make a declaration of survey to the effect that he is so satisfied; and
forward the declaration of survey to the Director.
11. Form of sewage certificates
The Director may specify the form of a sewage certificate.
The form specified under subsection (1) must correspond to the Form of Certificate set out in Appendix I to Annex IV to the Convention. (L.N. 155 of 2022)
12. Duration of sewage certificates
Subject to subsections (2) and (4), a sewage certificate issued as a result of an initial survey or renewal survey is valid for a period of not exceeding 5 years from the date of completion of the survey.
If the renewal survey carried out in respect of a Hong Kong ship is completed within 3 months before the expiry date of the existing ISPP Certificate in force in respect of the ship, the new sewage certificate issued as a result of the survey is valid from the date of completion of the survey to a date not exceeding 5 years from the expiry date of the existing ISPP Certificate.
If the renewal survey carried out in respect of a Hong Kong ship is completed more than 3 months before the expiry date of the existing ISPP Certificate in force in respect of the ship, the new sewage certificate issued as a result of the survey is valid from the date of completion of the survey to a date not exceeding 5 years from the date of completion of the survey.
If the renewal survey carried out in respect of a Hong Kong ship is completed after the expiry date of the existing ISPP Certificate in force in respect of the ship, the new sewage certificate issued as a result of the survey—
subject to paragraph (b), is valid from the date of completion of the survey to a date not exceeding 5 years from the expiry date of the existing ISPP Certificate; or
where the Director considers appropriate, is valid from the date of completion of the survey to a date not exceeding 5 years from the date of completion of the survey.
13. Extension of period of validity
If an ISPP Certificate issued in respect of a Hong Kong ship is valid for a period of less than 5 years, the Director may on the application of the owner or the master of the ship extend the period of validity of the Certificate beyond the expiry date. (L.N. 108 of 2015)
Subsection (1) does not empower the Director to extend the period of validity of an ISPP Certificate in such a way that the Certificate will be valid for more than 5 years.
14. Extension of period of validity where new sewage certificates cannot be issued, etc. before expiry of existing ISPP Certificates
If, on an application for a sewage certificate, the Director is satisfied as to the matters set out in section 9(2)(a)(ii) and (b) but the new sewage certificate cannot be issued or placed on board the ship concerned before the expiry date of the existing ISPP Certificate in force in respect of the ship, the Director may—
extend the period of validity of the existing ISPP Certificate for a further period of not exceeding 5 months from the expiry date of the existing ISPP Certificate; and
endorse on the existing ISPP Certificate a statement to that effect.
15. Extension of period of validity where ships are not in ports in which ships are to be surveyed
If an ISPP Certificate issued in respect of a Hong Kong ship expires when the ship is not in a port in which the ship is to be surveyed, the owner or the master of the ship may apply to the Director for an extension of the period of validity of the Certificate. (L.N. 108 of 2015)
The Director shall not grant an extension of the period of validity of an ISPP Certificate unless—
it is for the purpose of allowing the ship to complete its voyage to a port in which the ship is to be surveyed; and
the Director considers that it is proper and reasonable to do so.
Subject to subsection (4), the Director may, on granting an extension of the period of validity of an ISPP Certificate, extend the period of validity of the Certificate for a period of not exceeding 3 months from the expiry date of the Certificate.
If the period of validity of an ISPP Certificate has been extended under this section, the Certificate shall, notwithstanding such extension, expire when the ship completes its voyage to a port in which the ship is to be surveyed.
16. Extension of period of validity where ships are on short voyages
Where a Hong Kong ship in respect of which an ISPP Certificate has been issued is engaged in short voyages and the period of validity of the Certificate has not been extended under section 13(1) or 15(3), the Director may on the application of the owner or the master of the ship extend the period of validity of the Certificate for a period of not exceeding 1 month from the expiry date of the Certificate.
17. Duration of new sewage certificates where period of validity is extended under section 15 or 16
If the period of validity of an existing ISPP Certificate issued in respect of a ship has been extended under section 15 or 16, the new sewage certificate issued in respect of the ship as a result of a renewal survey is valid from the date of completion of the survey to a date not exceeding 5 years from the expiry date of the existing ISPP Certificate before the extension was granted.
Notwithstanding subsection (1), where the Director considers appropriate, a new sewage certificate may be valid from the date of completion of the relevant survey to a date not exceeding 5 years from the date of completion of the survey.
18. Where ISPP Certificates cease to be valid
An ISPP Certificate issued in respect of a Hong Kong ship ceases to be valid—
if an additional survey of the ship is not carried out within the period specified by the Director under section 26(1);
if the ship is transferred to the registry of a place outside Hong Kong; or
if any alteration has been made, without the approval of the Director, to the structure, equipment, systems, fittings, arrangements or material of the ship covered by the initial or renewal survey leading to the issue, or additional survey leading to the endorsement, of the Certificate, other than an alteration that constitutes a direct replacement of such equipment or fittings.
Division 2 — International Sewage Pollution Prevention Exemption Certificates for Unmanned Non-self-propelled (UNSP) Barges and Related Surveys
(Division 2 added L.N. 155 of 2022)
18A. Issue of International Sewage Pollution Prevention Exemption Certificates for Unmanned Non-self-propelled (UNSP) Barges
Subject to subsections (3) and (4), the Director may, on application of the owner of a barge (being a Hong Kong ship), issue an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges in respect of the barge.
The application must be accompanied by the prescribed fee for the issue of the certificate.
The Director must not issue an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges in respect of the barge unless the Director is satisfied—
if—
no ISPPE Certificate is in force in respect of the barge—that an initial survey of the barge has been carried out in accordance with section 18B; or
an ISPPE Certificate is in force in respect of the barge—that a renewal survey of the barge has been carried out in accordance with section 18B; and
on evidence of a declaration of survey forwarded under section 18B(3), that the barge is a UNSP barge.
The Director must not issue an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges in respect of the barge if the barge has any means (whether temporary or permanent) of generating sewage.
18B. Initial survey and renewal survey
An initial survey or renewal survey of a barge for the purposes of section 18A is to be carried out by a Government surveyor.
The owner of the barge must provide the Government surveyor with the information and drawings in respect of the barge requested by the surveyor for the survey.
If, after having carried out an initial survey or renewal survey of the barge, the Government surveyor is satisfied that the barge is a UNSP barge, the surveyor must—
make a declaration of survey to that effect; and
forward the declaration to the Director.
18C. Form of exemption certificates
The Director may specify the form of an exemption certificate.
The form must correspond to the Form of Certificate set out in Appendix II to Annex IV to the Convention.
18D. Validity period of ISPPE Certificate
Subject to subsection (2), an ISPPE Certificate issued in respect of a UNSP barge is valid for such period as may be specified in the certificate.
The period specified in an ISPPE Certificate issued on the basis of the result of an initial survey or renewal survey must not exceed 5 years beginning on the date of completion of the survey.
18E. When ISPPE Certificate ceases to be valid
An ISPPE Certificate issued in respect of a UNSP barge (being a Hong Kong ship) ceases to be valid if—
the barge is no longer a UNSP barge; or
the barge ceases to be registered in Hong Kong.
Division 3 — Supplementary Provisions
19. Certified true copies of certificates
The owner of a Hong Kong ship in respect of which a sewage certificate or an exemption certificate has been issued may apply to the Director for the issue of a certified true copy of the certificate. An application is to be accompanied by the prescribed fee in relation to the issue of the certified true copy.
20. Alteration to certificates
The owner of a Hong Kong ship in respect of which a sewage certificate or an exemption certificate has been issued may request the Director to alter any particulars contained in the certificate. (L.N. 108 of 2015)
The Director may refuse to make the alteration requested if he considers the alteration to be made is material.
If the Director agrees to make the alteration requested, the Director must, upon receipt of the prescribed fee in relation to the alteration, alter the certificate accordingly.
Part 4 — Duties of Owners and Masters and Additional Surveys, etc.
21. Interpretation of Part 4
For the purposes of this Part, a serious accident occurs to a ship or there is a material defect in a ship if the accident or defect substantially affects—
the safety of the ship and persons on board the ship;
the ship to the extent that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment; or
the efficiency or completeness of the equipment of the ship—
where the ship is a Hong Kong ship, set out in the Schedule;
where the ship is a non-Hong Kong ship, set out in the provisions of Annex IV to the Convention. (L.N. 108 of 2015)
22. Duty to keep ISPP Certificates on ships
Subject to section 22A, an ISPP Certificate issued in respect of a ship shall be kept on board the ship and be available for inspection by a Government surveyor at all reasonable time.
22A. Certificate for UNSP barge to be kept on towing or pushing vessels
This section applies to a UNSP barge that is engaged in a towing or pushing operation.
The following certificate in force in respect of the UNSP barge must be made available to the towing or pushing vessel during the towing or pushing operation—
if the barge is exempted under section 8A—the ISPPE Certificate; or
otherwise—the ISPP Certificate.
During the towing or pushing operation, the certificate mentioned in subsection (2)(a) or (b) must be kept on board the towing or pushing vessel.
23. Duty to maintain condition of ships
The condition of a Hong Kong ship in respect of which an ISPP Certificate has been issued, and its equipment, shall be maintained so as to comply with the requirements under the Schedule to ensure that the ship in all respects remains fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
24. Duty to report defects of ships, etc.
Where a serious accident occurs to, or a material defect is discovered in, a ship in respect of which an ISPP Certificate has been issued, the owner or the master of the ship— (L.N. 108 of 2015)
shall immediately report the accident or defect to the Director; and
where the ship is a Hong Kong ship that is in a port of any Convention country, shall immediately report the accident or defect to the appropriate authority of that country.
On receiving a report under subsection (1)(a), the Director may, where the ship concerned is a Hong Kong ship, cause an investigation to be initiated and determine whether a survey is necessary.
25. (Repealed L.N. 108 of 2015)
26. Additional surveys
If—
(Repealed L.N. 108 of 2015)
after an ISPP Certificate has been issued, or endorsed under subsection (4), in respect of a Hong Kong ship, any alteration has been made, with the approval of the Director, to the structure, equipment, systems, fittings, arrangements or material of the ship covered by the survey leading to the issue or endorsement of the Certificate;
the Director determines under section 24(2) that it is necessary to carry out a survey in respect of a Hong Kong ship;
the Director has reasonable ground to believe that, after an ISPP Certificate has been issued, or endorsed under subsection (4), in respect of a Hong Kong ship, important repairs or renewals have been made to the ship; or
the Director has reasonable ground to believe that a serious accident has occurred to a Hong Kong ship in respect of which an ISPP Certificate has been issued, or that there is a material defect in the ship,
the Director may require that an additional survey, either general or partial as the Director thinks fit, be carried out in respect of the ship by a Government surveyor within a reasonable period specified by the Director. (L.N. 108 of 2015)
Where the Director requires that an additional survey be carried out in respect of a Hong Kong ship under subsection (1), he shall inform the owner or the master of the ship of the requirement. (L.N. 108 of 2015)
If, after having carried out an additional survey in respect of a Hong Kong ship, the Government surveyor is satisfied that— (L.N. 108 of 2015)
the ship in all respects complies with the requirements under the Schedule; and
the ship is fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment,
he shall make a declaration of survey to the effect that he is so satisfied and forward the declaration of survey to the Director.
If, on receiving a declaration of survey in respect of a Hong Kong ship under subsection (3), the Director is satisfied—
that an additional survey in respect of the ship has been carried out; and
that, on the evidence of the declaration of survey, the ship in all respects complies with the requirements under the Schedule and is fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment,
he shall cause to be endorsed on the ISPP Certificate issued in respect of the ship a statement to the effect that he is so satisfied.
26A. Corrective action to be taken
A Government surveyor may, by written notice, require the owner or the master of a Hong Kong ship in respect of which an ISPP Certificate has been issued to take such corrective action which the surveyor considers necessary if on any survey (other than an initial survey) of the ship—
the surveyor determines that the condition of the ship, or its equipment, does not correspond substantially with the particulars in the Certificate; or
the surveyor is of the opinion that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
A surveyor must, on giving notice under subsection (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 the master of the ship, withdraw the Certificate.
On receiving a notice under subsection (3), the owner and the master of the ship must deliver the Certificate to the Director immediately.
The owner or the 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 subsection (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 the master, return the Certificate to the owner or the master.
26B. Director may require additional survey of barge with ISPPE Certificate
The Director may, by written notice to the owner of a barge in respect of which an ISPPE Certificate is issued, require an additional survey of the barge to be carried out by a Government surveyor within a reasonable period specified in the notice.
The additional survey may be general or partial as the Director thinks fit.
The Director may exercise the power under subsection (1) only if the Director has reasonable grounds to believe that the barge is no longer a UNSP barge.
On receiving a notice under subsection (1), the owner of the barge must cause an additional survey to be carried out.
The owner of the barge must provide the Government surveyor with the information and drawings in respect of the barge requested by the surveyor for the survey.
If, after having carried out an additional survey of the barge, the Government surveyor is satisfied that the barge is a UNSP barge, the surveyor must—
make a declaration of survey to that effect; and
forward the declaration to the Director.
27. Cancellation of ISPP Certificates and ISPPE Certificates
The Director may, by notice in writing to the owner and the master of a Hong Kong ship, cancel an ISPP Certificate or an ISPPE Certificate issued or endorsed in respect of the ship if the Director has reasonable ground to believe that the certificate was issued or endorsed on the basis of false or erroneous information.
The Director must set out, in the notice, reasons for cancelling the certificate under subsection (1).
On receiving the notice, the owner and the master of the ship concerned must as soon as reasonably practicable cause to be delivered to the Director the cancelled certificate.
Part 5 — Restriction on Discharge of Sewage into Sea
28. Restriction on discharge of sewage into sea
No sewage may be discharged into the sea from a ship to which this Regulation applies unless—
in the case where the sewage is comminuted and disinfected, all of the following conditions are complied with—
the ship is discharging the sewage using a system referred to in section 1(b) of the Schedule at a distance of more than 3 nautical miles from the nearest land;
the sewage originating from spaces containing living animals or that has been stored in holding tanks is not discharged instantaneously but at a moderate rate; and
(Repealed L.N. 108 of 2015)
the ship is proceeding en route at not less than 4 knots;
in the case where the sewage is not comminuted or disinfected, all of the following conditions are complied with—
the sewage is discharged at a distance of more than 12 nautical miles from the nearest land;
the sewage originating from spaces containing living animals or that has been stored in holding tanks is not discharged instantaneously but at a moderate rate; and (L.N. 108 of 2015)
(Repealed L.N. 108 of 2015)
the ship is proceeding en route at not less than 4 knots; or
in the case where the ship has in operation a sewage treatment plant referred to in section 1(a) of the Schedule— ( L.N. 108 of 2015)
(Repealed L.N. 108 of 2015)
the effluent does not produce visible floating solids nor cause discoloration of the surrounding water. (L.N. 108 of 2015)
This section does not apply to a ship to which section 28B applies. (L.N. 47 of 2019)
For the avoidance of doubt, when the sewage is mixed with wastes or waste water which is regulated by any other regulations under the Ordinance, those regulations shall be complied with in addition to this Regulation. (10 of 2008 s. 66)
In this section—
28A. Additional restriction on sewage discharge—ships operating in polar waters
To avoid doubt, the application of this section to a ship does not preclude the application of section 28 to the ship.
No sewage may be discharged into the sea from a ship that operates in polar waters unless any of the exceptions specified in paragraph 4.2 of Chapter 4 of Part II-A of the Polar Code applies.
In this section—
Polar Code (《極地規則》) means the International Code for Ships Operating in Polar Waters, adopted by International Maritime Organization 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; polar waters (極地水域) has the same meaning as in Annex IV.28B. Restriction on sewage discharge—passenger ships within special area etc.
This section applies—
on and after 1 June 2019, to a new passenger ship within a special area;
on and after 1 June 2021, to an existing passenger ship within a special area; and
on and after 1 June 2023, to an existing passenger ship—
that is en route directly—
from a port located outside a special area to a port located east of longitude 28°10´E within the special area; or
from a port located east of longitude 28°10´E within a special area to a port located outside the special area; and
that does not call at any port within a special area (other than the port referred to in subparagraph (i)(A) or (B)).
No sewage may be discharged into the sea from a passenger ship.
Subsection (2) does not apply to a passenger ship if—
it has in operation a sewage treatment plant referred to in section 1(a) of the Schedule; and
the effluent from it—
does not produce visible floating solids; and
does not cause any discoloration of the surrounding water.
In this section, the following terms have the same meaning as in Annex IV—
existing passenger ship;
new passenger ship;
passenger ship;
special area.
29. General exceptions to sections 28, 28A and 28B
Sections 28, 28A and 28B do not apply if the discharge of sewage into the sea from a ship— (L.N. 47 of 2019)
is necessary for the purpose of securing the safety of the ship and persons on board the ship or of saving life at sea;
results from damage to the ship or its equipment, provided that all reasonable steps had been taken before and after the occurrence of the damage for the purpose of preventing or minimizing the discharge of sewage; or
is made—
in waters within the jurisdiction of another place; and
in accordance with the law of that place.
Part 5A — Power of Government Surveyors
(Part 5A added L.N. 108 of 2015)
29A. Power of Government surveyors to inspect, examine, etc. ships
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.
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 Government 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 this Regulation 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 this Regulation;
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 it, 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 this Regulation; 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 section.
If an inspection of a ship under subsection (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 subsection (4) must—
comply with the direction;
take steps to rectify the deficiency; and
inform the Director once the deficiency is rectified.
If the ship concerned 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 the master of the ship, withdraw the ISPP Certificate issued in respect of the ship.
On receiving a notice under subsection (6), the owner and the master of the ship must deliver the Certificate to the Director immediately.
The owner or the 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 subsection (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 owner or the master, return the Certificate to the owner or the master.
Part 6 — Offences and Penalties
29B. Obstruction and non-compliance with requirements
A person must not—
wilfully obstruct a Government surveyor in the exercise of any power conferred by section 29A; 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 section 29A(3)(h).
A person must comply with a requirement imposed on the person under section 29A(3).
30. Offences and penalties
If section 8, 22, 23, 24(1), 26A(4), 28(1), 28A(2), 28B(2) or 29A(7) is contravened, the owner and the master of the ship concerned each commits an offence and is liable to a fine at level 6. (L.N. 47 of 2019)
If section 22A(2) is contravened, the owner and the operator of the UNSP barge concerned each commits an offence and is liable on conviction to a fine at level 6. (L.N. 155 of 2022)
If section 22A(3) is contravened, the owner and the master of the towing or pushing vessel concerned each commits an offence and is liable on conviction to a fine at level 6. (L.N. 155 of 2022)
A master of a ship who fails to comply with a direction given under section 29A(4) commits an offence and is liable to a fine at level 6. (L.N. 108 of 2015)
A person who contravenes section 29B(1) commits an offence and is liable to a fine at level 6. (L.N. 108 of 2015)
A person who without reasonable excuse fails to comply with section 29B(2) commits an offence and is liable to a fine at level 6. (L.N. 108 of 2015)
If a person is charged under subsection (1), (1A) or (1B) for contravening a provision of this Regulation, it is a defence of the person to show that he had taken all reasonable steps to ensure that the provision was complied with. (L.N. 155 of 2022)
If an offence under this section is committed, or would, save for the operation of subsection (3), have been committed by the owner, the master or the operator 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, the master or the operator. (L.N. 108 of 2015; L.N. 155 of 2022)
Schedule — Requirements for Equipments, etc.
[ss. 6A, 9, 10, 21, 23, 26, 28 & 28B](L.N. 108 of 2015; L.N. 47 of 2019)1.
The ship concerned shall be equipped with—
a sewage treatment plant which is in compliance with the standards adopted by the International Maritime Organization for sewage treatment plants; (L.N. 108 of 2015)
a sewage comminuting and disinfecting system fitted with facilities for the temporary storage of sewage when the ship is at a distance of not more than 3 nautical miles from the nearest land; or
a holding tank with a capacity or holding tanks with total capacity adequate to retain all the sewage produced on board the ship in any voyage that may be engaged by the ship until the sewage is discharged from the ship properly in accordance with section 28(1) of this Regulation. The holding tank shall have a means to indicate visually the amount of its content.
2.
The ship concerned shall be equipped with a discharge manifold for connection to reception facilities for the discharge of sewage. The discharge manifold shall be located on the open deck of the ship with piping. This piping shall be fitted with a flange in accordance with the following dimensions—
| Description | Dimension |
| Outside diameter | 210 mm |
| Inner diameter | According to pipe outside diameter |
| Bolt circle diameter | 170 mm |
| Slots in flange | 4 holes, 18 mm in diameter, equidistantly placed on a bolt circle of 170 mm diameter, slotted to the flange periphery, the slot width to be 18 mm |
| Flange thickness | 16 mm |
| Bolts and nuts: quantity and diameter | 4 each of 16 mm in diameter and of suitable length |
| The flange shall be designed to accept pipes up to a maximum internal diameter of 100 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 600 kPa. | |