Cap. 413 sub. leg. H

Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation(Cap. 369, sections 101, 107 and 112B and Cap. 413, sections 3 and 3A)(Enacting provision omitted—E.R. 6 of 2024) [2 December 1994](Format changes—E.R. 6 of 2024) Part I General 1. Interpretation (1) In this Regulation, unless the context otherwise requires—Annex III (《附則III》) means Annex III to the Convention, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 246 of 2018)cargo transport unit (貨物運輸單元) means—(a) a road transport tank or freight vehicle;(b) a railway transport tank or freight wagon;(c) a multimodal freight container or portable tank;(d) a multiple-element gas container; or(e) a vehicle; (L.N. 246 of 2018)Convention (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, and Annex III (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. 246 of 2018) dangerous goods (危險貨物) means the substances, materials and articles covered by the IMDG Code and includes empty receptacles, and residues in empty tanks or cargo holds, that have been used previously for carrying the substances, materials and articles and that have not been— (L.N. 246 of 2018) (a) cleaned and dried; (b) gas freed or ventilated (as the case requires); or (c) if the previous contents were radioactive substances—cleaned and adequately closed, but must not include goods forming part of the equipment or stores of the ship in which goods or substances are carried; (L.N. 246 of 2018) dangerous goods declaration (危險貨物聲明) means a certificate or declaration in writing, signed by the person making it that the shipment offered for carriage is properly classified, packaged, marked, labelled or placarded, as appropriate, in accordance with the IMDG Code and is in a proper condition for carriage by sea;dangerous goods in solid form in bulk (固體散裝危險貨物) has the meaning given by Regulation 7 of Chapter VII of the Annex to the SOLAS Convention; (L.N. 246 of 2018)durably marked (加上耐久標記) means that the label or other marking in accordance with this Regulation is such as to remain identifiable on packages surviving at least 3 months immersion in the sea, and durable (耐久) shall be construed accordingly; employee (僱員) means a person (including the master but excluding dock workers or shore based repairers and other workers temporarily employed on board the ship) employed— (a) in the navigational, engine, radio, medical or catering department of a ship; or (b) in the provision of goods, services or entertainment on board; explosives (爆炸品) are those articles and substances contained in Class 1 of the IMDG Code;forwarder (代運人) means the person by whom dangerous goods or marine pollutants are delivered to the ship or its agent;handling (處理) includes the operations of loading, unloading and transferring dangerous goods and cleaning, purging, gas freeing, ullaging, sounding, sampling and similar operations required for the carriage of such goods in a ship;Hong Kong ship (香港船舶) means a ship registered in Hong Kong;IMDG Code (《海運危險貨物規則》) means the International Maritime Dangerous Goods Code adopted by the Maritime Safety Committee of the IMO by resolution MSC.122(75) on 24 May 2002, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 246 of 2018)IMO means the International Maritime Organization;IMSBC Code (《固體散裝貨規則》) means the International Maritime Solid Bulk Cargoes Code adopted by the IMO by resolution MSC.268(85) on 4 December 2008, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 246 of 2018)marine pollutant (海洋污染物) means—(a) a substance that presents a hazard to the marine environment and is identified in the IMDG Code as a marine pollutant; or(b) a substance that meets the criteria in the Appendix to Annex III,and includes empty receptacles, and residues in empty tanks or cargo holds, that have been used previously for carrying the substance and that have not been—(c) cleaned and dried; or(d) gas freed or ventilated (as the case requires); (L.N. 246 of 2018)marine pollutant declaration (海洋污染物聲明) means a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is properly classified, packaged and marked in accordance with the IMDG Code and is in a proper condition for carriage to minimize the hazard to the marine environment;packaged form (有包裝)—(a) in relation to dangerous goods—has the meaning given by Regulation 1 of Chapter VII of the Annex to the SOLAS Convention; or(b) in relation to marine pollutants—has the meaning given by Regulation 1 of Annex III; (L.N. 246 of 2018)port authority (港口當局), in relation to a port outside Hong Kong, means the person or authority having control of the operation of the port; (L.N. 246 of 2018)proper shipping name (正確運輸名稱) has the meaning given by Chapter 3.1 of the IMDG Code; (L.N. 246 of 2018) shipowner (船東) includes— (a) where the ship is chartered by demise, the demise charterer; (b) where the ship is managed by a ship management company, the manager; shipper (付運人) means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;SOLAS Convention (《安全公約》) means the International Convention for the Safety of Life at Sea signed in London on 1 November 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. 246 of 2018)(L.N. 246 of 2018)(2)-(3) (Repealed L.N. 246 of 2018)(4) The Director may—(a) grant exemptions from all or any of the provisions of this Regulation in respect of classes of cases or individual cases as may be specified in the exemption; and(b) after giving reasonable notice, vary or revoke any such exemption. 2. Application (1) This Regulation applies to ships carrying—(a) dangerous goods in solid form in bulk or in packaged form; or(b) marine pollutants in packaged form. (L.N. 246 of 2018)(2) This Regulation applies to Hong Kong ships wherever they may be and to other ships while they are within Hong Kong or the waters of Hong Kong. (64 of 1999 s. 3)(3) This Regulation does not apply to—(a) a warship;(b) a naval auxiliary; or(c) any other ship owned or operated by a government and used only on government non-commercial service. (L.N. 246 of 2018)(4) Sections 3, 4, 5, 6 and 7 and Parts II, III and IV do not apply to local vessels within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548). (L.N. 246 of 2018) 3. General duties of shipowners, employers and masters (1) Every shipowner, employer of persons aboard a ship and every master of a ship, shall ensure, so far as is reasonably practicable, that when any dangerous goods are being carried, stowed, or handled on the ship or loaded onto or unloaded from the ship, nothing in the manner in which those goods are carried, stowed, handled, loaded or unloaded as the case may be, is such as might create a risk to the health or safety of any person.(2) Without prejudice to the generality of subsection (1), the matters to which the duty of the shipowner, the employer or the master extends, shall include in particular—(a) the provision and maintenance of ship’s equipment for the handling, stowage and carriage of dangerous goods, which shall be, so far as is reasonably practicable, safe and without risk to health;(b) the provision of such information, instructions, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety aboard the ship of employees in connection with the handling, stowage and carriage of dangerous goods on the ship.(3) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 3.(4) It shall be a defence to a charge under this section in relation to the handling, loading or unloading of dangerous goods that such handling, loading or unloading as the case may be, was carried out in accordance with the Revised Recommendations on the safe transport of dangerous cargoes and related activities in port areas adopted by the Maritime Safety Committee of the IMO by MSC.1/Circ.1216 on 26 February 2007. (64 of 1999 s. 3; L.N. 246 of 2018) 4. General duties of employees aboard ship Every employee on board a ship shall—(a) take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions in connection with the handling, stowage and carriage of dangerous goods in the ship; and(b) where any duty or requirement is imposed on the shipowner, the employer or the master by the Merchant Shipping (Safety) Ordinance (Cap. 369) with regard to the safety or health of persons aboard a ship, co-operate with the shipowner, employer or master so far as is necessary to enable that duty or requirement to be performed or complied with in connection with the handling, stowage and carriage of dangerous goods in the ship. 5. Misconduct endangering the ship or person on board ship In connection with the handling, stowage and carriage of dangerous goods in the ship, no person shall intentionally or recklessly interfere with or misuse anything provided on, or disobey instructions displayed on, a ship in the interests of health, safety or welfare in pursuance of the Merchant Shipping (Safety) Ordinance (Cap. 369). 6. Offences and penalties under sections 4 and 5 Any—(a) employee aboard a ship carrying dangerous goods who fails to comply with section 4 commits an offence and is liable to a fine at level 1; and(b) person in a ship carrying dangerous goods who fails to comply with section 5 commits an offence and is liable to a fine at level 1. 7. Onus of proving what is reasonably practicable In any proceedings for an offence under this Part consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement. Part II Carriage of Dangerous Goods in Packaged Form (L.N. 246 of 2018) 8. Documentation for dangerous goods in packaged form (L.N. 246 of 2018)(1) (a) Dangerous goods in packaged form must not be offered for carriage or taken on board any ship unless a dangerous goods declaration has been furnished to the shipowner or master.(b) Where goods are both dangerous and a marine pollutant, the dangerous goods declaration and the marine pollutant declaration required by section 18A may be combined into one document. (L.N. 246 of 2018)(2) A dangerous goods declaration must contain all information relating to the dangerous goods required by Chapter 5.4 of the IMDG Code. (L.N. 246 of 2018)(3) (Repealed L.N. 246 of 2018)(4) A dangerous goods declaration must include a statement required by Chapter 5.4 of the IMDG Code. (L.N. 246 of 2018)(5) It shall be the duty of the shipper to furnish the shipowner or master with the declaration required by this section, unless he does not deliver the goods to the ship or its agent. In such case it shall be the duty of the shipper to furnish the forwarder with such declaration.(6) In the case that the shipper does not deliver the goods to the ship or its agent it shall be the duty of the forwarder to furnish the shipowner or master with the declaration.(7) A shipper or a forwarder who fails to furnish a declaration as required by this section, or furnishes a declaration which he knew or ought to have known to be false, commits an offence.(8) A shipowner or master who accepts for carriage, or takes or receives on board, any dangerous goods in packaged form for which a dangerous goods declaration has not been furnished under this section commits an offence. (L.N. 246 of 2018) 9. Packing certificates for dangerous goods in packaged form (L.N. 246 of 2018)(1) If dangerous goods in packaged form have been packed into a cargo transport unit, the person responsible for the packing must furnish the shipowner or master of the ship on which the goods are to be carried with a signed packing certificate in accordance with Chapter 5.4 of the IMDG Code. Such a certificate may be combined with the document referred to in section 8(1)(a). (L.N. 246 of 2018)(2) A person who fails to comply with subsection (1) commits an offence. (L.N. 246 of 2018)(3) A shipowner or his agent or the master shall not take on board a ship any cargo transport unit with dangerous goods in packaged form in it without a signed packing certificate unless he has satisfied himself otherwise that the goods have been packed into the cargo transport unit in accordance with the IMDG Code. (L.N. 246 of 2018)(4) A shipowner or his agent or a master who fails to comply with subsection (3) commits an offence. 10. List, manifest or stowage plan for dangerous goods in packaged form (L.N. 246 of 2018)(1) The master of a ship carrying dangerous goods in packaged form must cause a special list, manifest or stowage plan to be carried in the ship— (L.N. 246 of 2018)(a) setting out the details that are obtained from the shipping documents submitted by the shipper required by Chapters 5.4 and 5.5 of the IMDG Code; and (L.N. 246 of 2018)(b) showing the details of the stowage location and the total quantity of the goods. (L.N. 246 of 2018)(2) The information required by subsection (1) may be contained in one combined list, manifest or stowage plan relating to both dangerous goods in packaged form and marine pollutants in packaged form required by section 18C, or in two such lists, manifests or stowage plans, one relating to dangerous goods and the other to marine pollutants. Where a combined document is used it shall show clearly which goods are dangerous goods in packaged form and which are marine pollutants in packaged form. (L.N. 246 of 2018)(3) A copy of the list, manifest or stowage plan referred to in subsection (1) must be submitted before departure—(a) if the ship is within Hong Kong waters—to the Director; or(b) if the ship is in a port outside Hong Kong—to the relevant port authority. (L.N. 246 of 2018)(4) The master shall also carry in the ship any additional special documents where required by the IMDG Code for the carriage of dangerous goods in packaged form in the ship. (L.N. 246 of 2018)(5) Any such list, manifest or stowage plan and any additional special documents required for the acceptance of such goods for carriage in the ship shall be kept available for reference or inspection on board the ship until the goods have been discharged from the ship.(6) A master of a ship carrying dangerous goods in packaged form who fails to cause a list, manifest or stowage plan or additional special documents to be carried in the ship or kept available as required by subsection (5) commits an offence. (L.N. 246 of 2018)(7) If there is any breach of subsection (3) the shipowner and master commit an offence. 11. Packing of dangerous goods in packaged form (L.N. 246 of 2018)(1) Dangerous goods in packaged form must be packed in accordance with the IMDG Code. Such packaging shall, if required by the IMDG Code, be performance tested as specified in the Code.(2) Dangerous goods in packaged form must not be taken on board any ship for carriage in that ship if the shipowner or master knows or ought to know that the goods are not packaged in such a manner as to withstand the ordinary risk of carriage by sea.(3) A shipowner or master or shipper of such goods who fails to comply with the provisions of this section commits an offence.(L.N. 246 of 2018) 12. Marking and labelling of dangerous goods in packaged form (L.N. 246 of 2018)(1) Dangerous goods in packaged form must not be taken on board a ship for carriage in that ship unless the conditions in this section are satisfied.(2) (a) Packages containing dangerous goods must be durably marked in accordance with the IMDG Code.(b) Packages containing dangerous goods must be provided with labels or stencils of labels or placards where specified in the IMDG Code.(c) The method of marking the proper shipping name and of affixing labels or applying stencils of labels or placards on packages containing dangerous goods must be such that the information marked, affixed or applied will remain legible after the package has been immersed for 3 months in the sea or, if the package itself disintegrates before the end of that period, for as long as the package will last. Where the outer material of the package is such that it will not survive at least 3 months’ immersion in the sea, any inner receptacles which will survive such immersion shall be durably marked with an indication of the nature of the danger to which the goods give rise, which indication may be given by any suitable means including (but not restricted to) an IMDG Code Class symbol of an appropriate size.(d) Without prejudice to the above requirements, where the goods are contained in a cargo transport unit, the cargo transport unit must bear conspicuously on its exterior distinctive placards or other appropriate marking, in accordance with the IMDG Code.(3) Any breach of the requirement of this section relating to the marking, labelling or placarding of dangerous goods in packaged form shall be an offence on the part of the shipper of those goods.(4) A shipowner or master who accepts dangerous goods to be taken on board a ship in any package which has not been marked and labelled, or placarded as provided for in this section commits an offence.(L.N. 246 of 2018) Part III Stowage of Dangerous Goods in Packaged Form etc. (L.N. 246 of 2018) 13. Stowage of dangerous goods in packaged form etc. (L.N. 246 of 2018)(1) Dangerous goods in packaged form taken on board any ship for carriage in that ship shall be stowed, segregated and secured in accordance with the IMDG Code.(2) If dangerous goods in packaged form are contained in a cargo transport unit which was loaded after those goods left the premises or control of the shipper it shall be the duty of the person responsible for loading the cargo transport unit to ensure that the stowage, segregation and securing of those goods in the cargo transport unit is adequate and is in accordance with the IMDG Code.(3) A shipowner or master or person responsible for packing dangerous goods in a cargo transport unit or for stowing the goods in the ship who fails to comply with the provisions of this section commits an offence.(L.N. 246 of 2018) 14. Carriage of explosives (1) No explosives which the shipowner or master knows or ought to know present a serious risk when carried in a ship shall be taken on board any ship unless— (L.N. 391 of 1996)(a) such explosives are stowed in a compartment in which any electrical apparatus and cables are so designed and used as to minimize the risk of fire or explosion; and(b) detonators are effectively segregated from all other explosives; and(c) the stowage and segregation of explosives are in accordance with the IMDG Code; and(d) where such explosives are required to be stowed in a magazine, such magazine is kept securely closed while the ship is at sea.(2) A shipowner or master who fails to comply with subsection (1) commits an offence. 15. Carriage of dangerous goods in packaged form in passenger ships (L.N. 246 of 2018)(1) Stowage and segregation of all dangerous goods in packaged form carried aboard a passenger ship shall be in accordance with Chapters 7.1 and 7.2 of the IMDG Code. (L.N. 246 of 2018)(2)-(3) (Repealed L.N. 246 of 2018)(4) A shipowner or master who fails to comply with this section commits an offence. 16. Document of compliance to carry dangerous goods in packaged form (L.N. 246 of 2018)(1) Dangerous goods in packaged form must not be taken on board a ship the keel of which was laid (or that was at a similar stage of construction) on or after 1 September 1984 and before 1 July 2002 unless it has on board a document of compliance, issued by or on behalf of the Director or the competent authority of the country in which it is registered, certifying that the spaces on the ship in or on which the goods are to be carried comply with the provisions of regulation 143 of the Merchant Shipping (Safety) (Fire Protection) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. Y) appropriate to the classification of those goods intended for stowage in or on that space. (L.N. 246 of 2018; E.R. 6 of 2024)(1A) Dangerous goods in packaged form must not be taken on board a ship the keel of which was laid (or that was at a similar stage of construction) on or after 1 July 2002 unless the ship has on board a document of compliance that complies with subsection (1B). (L.N. 246 of 2018)(1B) A document of compliance must—(a) be issued—(i) by or on behalf of the Director; or(ii) by or on behalf of the competent authority of the country in which the ship is registered; and(b) certify that the spaces on the ship in or on which the goods are to be carried comply with the provisions of Regulation 19 of Chapter II-2 of the Annex to the SOLAS Convention that are applicable to the classification of those goods. (L.N. 246 of 2018)(2) A shipowner or master who fails to comply with this section commits an offence. 17. Reporting incidents involving dangerous goods in packaged form (L.N. 246 of 2018)(1) If a ship is involved in an incident at sea and the incident involves an actual or probable discharge of dangerous goods in packaged form from the ship, the master, or other person having charge of the ship, shall report the particulars of such an incident without delay and to the fullest extent possible to the Director if the ship is within Hong Kong waters, or to the nearest coastal state if the ship is outside Hong Kong. The report shall be based on the guidelines and general principles adopted by the IMO by resolution A.851(20), as amended from time to time.(2) In the event of a report from such a ship being incomplete or unobtainable the shipowner shall to the fullest extent practicable make or complete the report required by subsection (1).(3) (Repealed L.N. 246 of 2018)(4) A master, or a person having charge of the ship, who fails to comply with subsection (1) commits an offence. (L.N. 246 of 2018)(5) A shipowner who fails to comply with subsection (2) commits an offence. (L.N. 246 of 2018)(L.N. 246 of 2018) 18. Jettisoning of dangerous goods in packaged form prohibited (L.N. 246 of 2018)(1) The shipowner or master of a ship must ensure that dangerous goods in packaged form are not jettisoned from the ship, except where necessary for the purposes of securing the safety of the ship or saving life at sea. (L.N. 246 of 2018)(2) A shipowner or master who fails to comply with the provisions of this section commits an offence. Part IIIA Carriage of Marine Pollutants in Packaged Form (Part IIIA added L.N. 246 of 2018) 18A. Documentation for marine pollutants in packaged form (1) Marine pollutants in packaged form must not be offered for carriage or taken on board a ship unless a marine pollutant declaration has been furnished to the shipowner or master.(2) A marine pollutant declaration must contain all information relating to the marine pollutants required by Chapter 5.4 of the IMDG Code.(3) A marine pollutant declaration must include a statement required by Chapter 5.4 of the IMDG Code.(4) The shipper of any marine pollutants in packaged form must—(a) furnish the shipowner or master with a marine pollutant declaration; or(b) if the shipper does not deliver the pollutants to the ship or the agent of the ship—furnish the forwarder with the declaration.(5) After receiving a marine pollutant declaration under subsection (4)(b), the forwarder must furnish the shipowner or master with the declaration.(6) A shipper who fails to furnish a marine pollutant declaration under subsection (4)(a) or (b), or furnishes a marine pollutant declaration which the shipper knew or ought to have known to be false, commits an offence.(7) A forwarder who fails to furnish a marine pollutant declaration under subsection (5), or furnishes a marine pollutant declaration which the forwarder knew or ought to have known to be false, commits an offence.(8) A shipowner or master who accepts for carriage, or takes or receives on board, any marine pollutants in packaged form for which a marine pollutant declaration has not been furnished under this section commits an offence. 18B. Packing certificates for marine pollutants in packaged form (1) If marine pollutants in packaged form have been packed into a cargo transport unit, the person responsible for the packing must furnish the shipowner or master of the ship on which the pollutants are to be carried with a signed packing certificate in accordance with Chapter 5.4 of the IMDG Code.(2) A person who fails to comply with subsection (1) commits an offence.(3) The shipowner, shipowner’s agent or master of a ship must not take on board the ship any cargo transport unit with marine pollutants in packaged form in it unless—(a) the shipowner, shipowner’s agent or master has been furnished with a signed packing certificate under subsection (1); or(b) the shipowner, shipowner’s agent or master is otherwise satisfied that the pollutants have been packed into the cargo transport unit in accordance with the IMDG Code.(4) A shipowner, shipowner’s agent or master who contravenes subsection (3) commits an offence. 18C. List, manifest or stowage plan for marine pollutants in packaged form (1) The master of a ship carrying marine pollutants in packaged form must cause to be carried in the ship a special list, manifest or stowage plan—(a) setting out the details that are obtained from the shipping documents submitted by the shipper required by Chapters 5.4 and 5.5 of the IMDG Code; and(b) showing the details of the stowage location and the total quantity of the pollutants.(2) A copy of the list, manifest or stowage plan referred to in subsection (1) must be submitted before departure—(a) if the ship is within Hong Kong waters—to the Director; or(b) if the ship is in a port outside Hong Kong—to the relevant port authority.(3) The master of a ship must also cause to be carried in the ship any additional special documents required by the IMDG Code for carrying marine pollutants in packaged form in the ship.(4) The special list, manifest or stowage plan and any additional special documents required to be carried in a ship under subsections (1) and (3) must be kept available for reference or inspection on board the ship until the pollutants have been discharged from the ship.(5) A master who fails to comply with subsection (1) or (3) commits an offence.(6) If subsection (2) is contravened in relation to a ship, the shipowner and the master of the ship each commits an offence.(7) If subsection (4) is contravened in relation to a ship, the master of the ship commits an offence. 18D. Packing of marine pollutants in packaged form (1) Marine pollutants in packaged form—(a) must be packed in accordance with Part 4 of the IMDG Code; and(b) must be subject to the applicable performance test specified in the IMDG Code.(2) Marine pollutants in packaged form must not be taken on board a ship for carriage in the ship if the shipowner or master knows or ought to know that the pollutants are not packed in a way as to withstand the ordinary risk of carriage by sea.(3) If subsection (1) is contravened in relation to any marine pollutants in packaged form, the shipper of the pollutants commits an offence.(4) If subsection (2) is contravened in relation to a ship, the shipowner and the master of the ship each commits an offence. 18E. Marking and labelling of marine pollutants in packaged form (1) Marine pollutants in packaged form must not be taken on board a ship for carriage in the ship unless subsections (2), (3) and (4) are complied with in relation to the pollutants.(2) Packages containing marine pollutants must be durably marked or labelled in accordance with Chapter 5.2 of the IMDG Code.(3) The method of affixing marks or labels on packages containing marine pollutants must comply with Chapter 5.2 of the IMDG Code.(4) If marine pollutants in packaged form are contained in a cargo transport unit, the cargo transport unit must bear conspicuously on its exterior distinctive placards or other appropriate marking in accordance with Chapter 5.3 of the IMDG Code.(5) If any marine pollutants in packaged form are taken on board a ship in contravention of subsection (1)—(a) the shipper of the pollutants commits an offence; and(b) the shipowner and the master of the ship each commits an offence. 18F. Stowage of marine pollutants in packaged form etc. (1) Marine pollutants in packaged form taken on board a ship for carriage in the ship must be stowed, segregated and secured on the ship in accordance with Part 7 of the IMDG Code.(2) If marine pollutants in packaged form are contained in a cargo transport unit which was loaded after the pollutants left the premises or control of the shipper, the person responsible for loading the cargo transport unit must ensure that the pollutants are stowed, segregated and secured in the cargo transport unit in accordance with Part 7 of the IMDG Code.(3) If subsection (1) is contravened in relation to a ship, the shipowner and the master of the ship each commits an offence.(4) A person who fails to comply with subsection (2) commits an offence. 18G. Prohibition of carrying and limit on quantity (1) The Director may, for scientific and technical reasons—(a) prohibit the carriage of any type of marine pollutants on board a ship; or(b) specify the maximum quantity of certain marine pollutants in packaged form that may be carried on board a ship, having regard to—(i) the size, construction and equipment of the ship;(ii) the packaging of the pollutants; and(iii) the inherent nature of the pollutants.(2) A shipowner or master of a ship must ensure that the quantity of marine pollutants in packaged form carried on board the ship does not exceed the quantity specified in the IMDG Code or specified under subsection (1)(b), whichever is less.(3) A shipowner or master who fails to comply with subsection (2) commits an offence. 18H. Jettisoning of marine pollutants in packaged form prohibited (1) The shipowner or master of a ship must ensure that marine pollutants in packaged form are not jettisoned from the ship, except where necessary for the purposes of securing the safety of the ship or saving life at sea.(2) A shipowner or master who fails to comply with subsection (1) commits an offence. 18I. Measures to regulate washing of leakages overboard (1) The shipowner or master of a ship carrying marine pollutants in packaged form must—(a) take appropriate measures, having regard to the physical, chemical or biological properties of the pollutants, to regulate the washing of leakages overboard of the pollutants; and(b) ensure that the measures do not impair the safety of the ship and persons on board.(2) A shipowner or master who fails to comply with subsection (1) commits an offence. Part IV Carriage of Dangerous Goods in Solid Form in Bulk (L.N. 246 of 2018) 19. Carriage of dangerous goods in solid form in bulk (L.N. 246 of 2018)(1) Where a shipowner or master of a ship knows or ought to know that any dangerous goods in solid form in bulk cannot be carried in accordance with Regulation 7-5 of Chapter VII of the Annex to the SOLAS Convention to the destination to which they are consigned, he shall ensure that such goods are not loaded into the ship.(2) Any shipowner or master of a ship who fails to comply with subsection (1) commits an offence.(3) It shall be a defence in proceedings for an offence under this section for the person charged to prove—(a) (Repealed L.N. 246 of 2018)(b) if the dangerous goods in question are listed in the IMSBC Code—that the goods were loaded in accordance with the IMSBC Code; or (L.N. 246 of 2018)(c) if the dangerous goods in question are not listed in the IMSBC Code—that the goods were handled and carried in accordance with conditions of carriage approved by the Director.(L.N. 246 of 2018) 19A. Stowage and segregation of dangerous goods in solid form in bulk (1) Dangerous goods in solid form in bulk must be loaded and stowed on a ship in accordance with Regulation 7-3 of Chapter VII of the Annex to the SOLAS Convention.(2) Incompatible dangerous goods in solid form in bulk must be segregated from one another in accordance with the IMDG Code or the IMSBC Code, as may be appropriate.(3) Dangerous goods in solid form in bulk that are liable to spontaneous heating or combustion may be carried on board a ship only if the goods are carried in accordance with Regulation 7-3 of Chapter VII of the Annex to the SOLAS Convention.(4) If subsection (1), (2) or (3) is contravened in relation to a ship, the shipowner and the master of the ship each commits an offence.(L.N. 246 of 2018) 19B. Document of compliance to carry dangerous goods in solid form in bulk (1) Dangerous goods in solid form in bulk must not be taken on board a ship the keel of which was laid (or that was at a similar stage of construction) on or after 1 September 1984 and before 1 July 2002 unless the ship has on board a document of compliance that complies with subsection (3).(2) Dangerous goods in solid form in bulk must not be taken on board a ship the keel of which was laid (or that was at a similar stage of construction) on or after 1 July 2002 unless the ship has on board a document of compliance that complies with subsection (3).(3) A document of compliance must—(a) be issued—(i) by or on behalf of the Director; or(ii) by or on behalf of the competent authority of the country in which the ship is registered; and(b) certify that the spaces on the ship in or on which the dangerous goods are to be carried or stowed comply with—(i) for the purposes of subsection (1)—the provisions of regulation 143 of the Merchant Shipping (Safety) (Fire Protection) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. Y) that are applicable to the classification of the goods; or(ii) for the purposes of subsection (2)—the provisions of Regulation 19 of Chapter II-2 of the Annex to the SOLAS Convention that are applicable to the classification of the goods.(4) If any dangerous goods in solid form in bulk are taken on board a ship in contravention of subsection (1) or (2), the shipowner and the master of the ship each commits an offence.(L.N. 246 of 2018) 19C. Reporting incidents involving dangerous goods in solid form in bulk (1) If a ship is involved in an incident at sea and the incident involves an actual or probable discharge of dangerous goods in solid form in bulk from the ship, the master, or another person having charge of the ship, must report the particulars of the incident without delay and to the fullest extent possible to the Director if the ship is within Hong Kong waters, or to the nearest coastal state if the ship is outside Hong Kong.(2) The report must be based on the guidelines and general principles adopted by the IMO by resolution A.851(20), as amended from time to time.(3) The shipowner of the ship must, to the fullest extent practicable, make or complete a report required by subsection (1) if—(a) the ship is abandoned; or(b) the report is incomplete or unobtainable.(4) A master, or a person having charge of the ship, who fails to comply with subsection (1) or (2) commits an offence.(5) A shipowner who fails to comply with subsection (3) commits an offence.(L.N. 246 of 2018) 20. List, manifest or stowage plan for dangerous goods in solid form in bulk (L.N. 246 of 2018)(1) (Repealed L.N. 246 of 2018)(2) The master of a ship carrying dangerous goods in solid form in bulk must cause to be carried in the ship a special list, manifest or detailed stowage plan— (L.N. 246 of 2018)(a) setting out details of the dangerous goods carried in the ship, including the Bulk Cargo Shipping Name of the goods, their classification in accordance with the IMSBC Code and their weight or quantity, which details shall be obtained from the shipping documents prepared by the shipper; (L.N. 246 of 2018)(b) showing details of the location in the ship where the goods are stowed.(2A) A copy of the list, manifest or stowage plan referred to in subsection (2) must be submitted before departure—(a) if the ship is within Hong Kong waters—to the Director; or(b) if the ship is in a port outside Hong Kong—to the relevant port authority. (L.N. 246 of 2018)(3) The master shall also carry in the ship any additional special documents required by the IMDG Code and the IMSBC Code for carrying dangerous goods in solid form in bulk. (L.N. 246 of 2018)(4) The master of a ship shall ensure that a list, manifest or stowage plan and additional special documents referred to in subsections (2) and (3) shall be kept available on board the ship carrying the dangerous goods for reference or inspection on board the ship until the goods have been discharged from the ship.(5) A master who fails to comply with subsection (2), (3) or (4) commits an offence. (L.N. 246 of 2018)(6) If subsection (2A) is contravened in relation to a ship, the shipowner and the master of the ship each commits an offence. (L.N. 246 of 2018)(7) In this section—Bulk Cargo Shipping Name (散裝貨物船運名) has the meaning given by section 1.7 of the IMSBC Code. (L.N. 246 of 2018) Part IVA Powers of Director and Authorized Officers (Part IVA added L.N. 246 of 2018) 20A. Application of Part IVA This Part applies to the provisions of this Regulation that relate to marine pollutants (relevant provisions). 20B. Director may appoint authorized officer The Director may appoint any public officer in the Marine Department at or above the rank of Marine Inspector to be an authorized officer for the purposes of the relevant provisions. 20C. Power of authorized officers to inspect, examine etc. ships (1) Any of the powers conferred by this section may be exercised for ascertaining whether the relevant provisions have been or are being complied with.(2) An authorized officer may, at any reasonable time—(a) board a ship that is within Hong Kong waters; and(b) take with the authorized officer any other person and any equipment or materials required to assist the authorized officer.(3) After boarding the ship, the authorized officer may—(a) inspect the ship;(b) make any examination or investigation as the authorized officer considers necessary;(c) take samples of any article or substance found on the ship that the authorized officer may reasonably require for the inspection, examination or investigation;(d) inspect, seize and remove from the ship any article or substance in respect of which the authorized officer suspects on reasonable grounds that an offence under any of the relevant provisions has been committed;(e) detain the article or substance for so long as is necessary—(i) for the inspection, examination or investigation; and(ii) to ensure that it is available for use as evidence in any proceedings for an offence under any of the relevant provisions;(f) take any measurements and photographs and make any recordings that the authorized officer may reasonably require for the inspection, examination or investigation;(g) 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;(h) require any person who the authorized officer reasonably believes is able to give any information relevant to the inspection, examination or investigation—(i) to attend at a place and time specified by the authorized officer;(ii) to answer the questions that the authorized officer thinks fit to ask; and(iii) to sign a declaration of the truth of the person’s answers;(i) require the production of, and inspect and take copies of or of any entry in—(i) any certificates, books or documents that are required to be kept under any of the relevant provisions; and(ii) any other certificates, books or documents that the authorized officer considers necessary for the inspection, examination or investigation; and(j) require any person to afford the authorized officer 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 authorized officer considers necessary to enable the authorized officer to exercise any power conferred by this section.(4) 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.(5) A master to whom a direction is given under subsection (4) must—(a) comply with the direction;(b) take steps to rectify the deficiency; and(c) inform the Director once the deficiency is rectified. 20D. Offences relating to section 20C (1) A person commits an offence if the person—(a) wilfully obstructs an authorized officer in the exercise of any power conferred by section 20C;(b) fails to comply with a requirement imposed on the person under section 20C(3);(c) gives an answer that the person knows is false, or recklessly gives an answer that is false, in purported compliance with a requirement under section 20C(3)(h); or(d) signs a declaration that the person knows is false, or recklessly signs a declaration that is false, in purported compliance with a requirement under section 20C(3)(h).(2) A master who fails to comply with section 20C(5) commits an offence.(3) A person who commits an offence under subsection (1) or (2) is liable to a fine at level 6. Part V Penalties and Defences 21. Penalties for offences under Parts II, III, IIIA and IV (L.N. 246 of 2018)Any person who commits an offence under Part II, III, IIIA or IV is liable— (L.N. 246 of 2018)(a) on conviction upon indictment to a fine at level 3 and in the case of an individual, to imprisonment for 1 year; and(b) on summary conviction to a fine at level 3. 22. Defences (1) It shall be a defence in any proceedings for an offence under Part II, III, IIIA or IV that the person charged took all reasonable steps to ensure compliance with this Regulation.(2) It shall be a defence in any proceedings for an offence under this Regulation—(a) that the person charged—(i) neither knew nor ought to have known; or(ii) had no reasonable grounds to suspect,that the goods were dangerous goods or marine pollutants as the case may be;(b) that the goods being dangerous goods in packaged form or marine pollutants in packaged form were handled and carried in accordance with the provisions of the IMDG Code where appropriate;(c) if the person charged is the shipowner or master, in the case of goods packed in a cargo transport unit, that before the cargo transport unit was taken on board the ship the person responsible for packing the goods into the cargo transport unit had furnished the shipowner or master of the ship with a signed packing certificate certifying that the goods had been properly packed in the cargo transport unit; or(d) that the goods being dangerous goods in solid form in bulk were being handled and carried in accordance with the IMSBC Code.(e)-(f) (Repealed L.N. 246 of 2018)(L.N. 246 of 2018) 23. Offences due to fault of another person Where the commission by any person of an offence under Part I, II, III, IIIA or IV is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.(L.N. 246 of 2018) 24. Power to detain In any case where a ship does not comply with the requirements of this Regulation the ship shall be liable to be detained under the power conferred by section 117 of the Merchant Shipping (Safety) Ordinance (Cap. 369) or section 3 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413), as the case may be. 25. (Omitted as spent—E.R. 6 of 2024)