Cap. 413 sub. leg. A

Merchant Shipping (Prevention of Oil Pollution) Regulations(Cap. 413, sections 3 and 3A) [28 December 1984](Format changes—E.R. 1 of 2023) Part I Preliminary (L.N. 47 of 2016) 1. Citation and interpretation (1) These regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution) Regulations.(2) In these Regulations, except where the context otherwise requires—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. 47 of 2016)Amendment Regulation 2016 (《2016年修訂規例》) means the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulation 2016 (L.N. 47 of 2016); (L.N. 47 of 2016; E.R. 1 of 2023)amidships (船舯) means at the middle of the length (L);Annex I (《附則I》) means Annex I to the Convention (which sets out regulations for the prevention of pollution by oil), as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 47 of 2016; L.N. 127 of 2019)anniversary date (周年日期), in relation to a specified Certificate in force in respect of a ship, means the day and month of each year which corresponds to the date of expiry of the Certificate; (L.N. 47 of 2016)area (面積) in relation to a ship shall be calculated in all cases to moulded lines;breadth (船寬) (B) means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material, measured in metres;centre tank (中間液艙) means any tank inboard of a longitudinal bulkhead;clean ballast (清潔壓載) means the ballast in a tank which, since oil was last carried therein, has been so cleaned that the effluent therefrom, if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Director, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 ppm shall be determinative that the ballast was clean, notwithstanding the presence of visible traces; (L.N. 47 of 2016)combination carrier (油類／散貨兩用船) means a ship designed to carry either oil or solid cargoes in bulk;Convention (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, and Annex I (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. 47 of 2016)Convention country (公約國) means a country which is a Party to the Convention; crude oil (原油) means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes— (a) crude oil from which certain distillate fractions may have been removed; and (b) crude oil to which certain distillate fractions may have been added; crude oil tanker (原油油輪) means an oil tanker engaged in the trade of carrying crude oil;deadweight (載重量) (DW) means the difference in tonnes between the displacement of a ship in water of a relative density of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship; (L.N. 47 of 2016)Director (處長) means the Director of Marine;filtering equipment (過濾設備) means filters or any combination of separators and filters which are designed to produce effluent containing not more than 15 ppm of oil;forward and after perpendiculars (首尾垂線) shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured;gas carrier (氣體運載船) means a gas carrier as defined by regulation 3.20 of Chapter II-1 of the International Convention for the Safety of Life at Sea, 1974, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 47 of 2016)Government surveyor (政府驗船師) means a person appointed under regulation 3A to be a Government surveyor; (L.N. 47 of 2016)GT (總噸), in relation to a ship, means the gross tonnage of the ship determined in accordance with regulation 6 of the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg. C); (L.N. 47 of 2016)harmful substance (有害物質) means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes oil;HKOPP Certificate (HKOPP證書) means a certificate issued under regulation 7(1A); (L.N. 47 of 2016; L.N. 72 of 2020) Hong Kong Oil Pollution Prevention Certificate (香港防油污證書) means— (a) a HKOPP Certificate; or (b) a Hong Kong Oil Pollution Prevention Certificate issued by a recognized organization; (L.N. 47 of 2016) Hong Kong oil tanker (香港油輪) means an oil tanker— (L.N. 47 of 2016) (a) which is registered in Hong Kong; or (b) in respect of which a full licence is issued under section 15 of the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D); (L.N. 47 of 2016) IBC Code (國際散化規則) means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the IMO, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 641 of 1994; L.N. 47 of 2016)IMO means the International Maritime Organization; (L.N. 641 of 1994)instantaneous rate of discharge of oil content (瞬時油量排放率) means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant; International Oil Pollution Prevention Certificate (國際防油污證書) means— (a) an IOPP Certificate; (b) an International Oil Pollution Prevention Certificate issued by a recognized organization; or (c) an International Oil Pollution Prevention Certificate issued by or under the authority of an Administration; (L.N. 47 of 2016) International Oil Pollution Prevention Exemption Certificate (國際防油污免除證書) means— (a) an IOPPE Certificate; (b) an International Oil Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges issued by a recognized organization in conformity with Annex I; or (c) an International Oil Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges issued by or under the authority of an Administration in conformity with Annex I; (L.N. 154 of 2022) IOPP Certificate (IOPP證書) means a certificate issued under regulation 7(1)(a); (L.N. 47 of 2016)IOPPE Certificate (IOPPE證書) means a certificate issued under regulation 7EB; (L.N. 154 of 2022)length (船長度) (L) means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length (L) shall be measured in metres;lightweight (空載排水量) means the displacement of a ship in tonnes without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects; (L.N. 47 of 2016)mile (浬) means an international nautical mile that is to say a distance of 1 852 metres;NLS tanker (NLS液貨船) means an NLS tanker as defined by Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 47 of 2016)non-Hong Kong ship (非香港船舶) means a ship other than a Hong Kong ship; (L.N. 47 of 2016)oil fuel (油類燃料) means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried;oil tanker (油輪) means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier, an NLS tanker and a gas carrier (when carrying a cargo or part cargo of oil in bulk); (L.N. 47 of 2016)oily mixture (油性混合物) means a mixture with any oil content;permeability (滲透率) of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space;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. 45 of 2019)ppm means parts of oil per million parts of water by volume; (L.N. 47 of 2016)product carrier (成品油油輪) means an oil tanker engaged in the trade of carrying oil other than crude oil;recognized organization (認可機構) means an organization recognized under regulation 3B; (L.N. 47 of 2016)sea (海、海域) includes any estuary or arm of the sea;slop tank (污水艙) means a tank specifically designed for the collection of tank drainings, tank washings and other oily mixtures;specified Certificate (指明證書) means an International Oil Pollution Prevention Certificate or a Hong Kong Oil Pollution Prevention Certificate; (L.N. 47 of 2016)tank (液艙) means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk;type 2 cargo tank (第2型貨油艙) means a cargo tank in a type 2 ship as defined in the IBC Code; (L.N. 641 of 1994)UNSP barge (無人非自航駁船) means an unmanned non-self-propelled (UNSP) barge as defined in Regulation 1 of Annex I; (L.N. 154 of 2022)volume (容積) in relation to a ship shall be calculated in all cases to moulded lines;wing tank (翼液艙) means any tank adjacent to the side shell plating.(37 of 1990 s. 12; L.N. 177 of 1991; 23 of 1998 s. 2; L.N. 47 of 2016)(3) Each of the following terms or expressions, when used in these Regulations, has the same meaning as in Annex I—(a) Antarctic area;(ab) Arctic waters; (L.N. 45 of 2019)(b) constructed;(c) heavy grade oil;(d) nearest land;(e) oil;(f) oil fuel tank;(g) oil residue (sludge);(h) oil tanker delivered on or before 1 June 1982;(i) oil tanker delivered after 1 June 1982;(j) oil tanker delivered on or after 1 January 2010;(ja) polar waters; (L.N. 45 of 2019)(k) reception facilities;(l) segregated ballast;(m) ship delivered on or before 31 December 1979;(n) ship delivered after 31 December 1979;(o) special area. (L.N. 47 of 2016)(4) In these Regulations, 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. 154 of 2022)(Format changes—E.R. 1 of 2016) 2. Applications and exemptions (1) Unless expressly provided otherwise, these Regulations apply to—(a) Hong Kong ships; and(b) non-Hong Kong ships while they are within the waters of Hong Kong.(2) These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a Government and used, for the time being, only on government non-commercial service.(3) Any type of Hong Kong ship whose constructional features are such as to render the application of any of the provisions of regulation 10 and Parts III, IIIA, IV, V and VI relating to construction and equipment unreasonable or impracticable may be exempted by the Director from those provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended. Particulars of any such exemption granted by the Director shall be indicated in the specified Certificate. (L.N. 154 of 2022)(4) In ships, other than oil tankers, fitted with cargo spaces which are constructed and used to carry oil in bulk of an aggregate capacity of 200 cubic metres or more, the requirements of regulations 10, 12, 13, 15(1), (2) and (3), 16, 24, 26 and 28(4) for oil tankers shall also apply to the construction and operation of these spaces, except that where such aggregate capacity is less than 1 000 cubic metres it shall be sufficient to comply with the requirements of regulation 15(4) as if they applied to the ship in lieu of those of regulation 15(1), (2) and (3).(5) The Director may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.(L.N. 47 of 2016) 3. Equivalents The Director may permit any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by these Regulations if such fitting, material, appliance or apparatus is at least as effective as that required by these Regulations, but shall not permit the substitution of operational methods to control the discharge of oil as being equivalent to those design and construction features which are prescribed by these Regulations. 3AA. (Repealed 24 of 2023 s. 33) 3A. Director may appoint Government surveyors The Director may appoint a person to be a Government surveyor for the purposes of these Regulations.(L.N. 47 of 2016) 3B. Director may recognize organizations to survey ships and issue certificates etc. The Director may recognize an organization for—(a) carrying out surveys of Hong Kong ships;(b) issuing the following certificates in respect of Hong Kong ships—(i) International Oil Pollution Prevention Certificates; (L.N. 154 of 2022)(ii) Hong Kong Oil Pollution Prevention Certificates; or (L.N. 154 of 2022)(iii) International Oil Pollution Prevention Exemption Certificates; (L.N. 154 of 2022)(ba) making a statement of compliance in conformity with regulation 16G in an International Oil Pollution Prevention Certificate issued by the organization; (L.N. 45 of 2019)(c) making endorsements on the Certificates referred to in paragraph (b)(i) or (ii) that are issued by the organization in conformity with Regulation 6 of Annex I; (L.N. 154 of 2022)(d) with the prior written consent of the Director, granting extensions of the validity periods of the Certificates referred to in paragraph (b) that are issued by the organization;(e) altering any particulars contained in the Certificates referred to in paragraph (b) that are issued by the organization;(f) issuing certified true copies of the Certificates referred to in paragraph (b) that are issued by the organization; and(g) specifying any corrective actions which the organization considers necessary to be taken in respect of Hong Kong ships.(L.N. 47 of 2016) 3C. Director may request Convention countries to survey Hong Kong ships and issue or endorse certificates The Director may request any Convention country—(a) to carry out a survey of a Hong Kong ship on behalf of the Director in conformity with Annex I; and(b) to do the following—(i) issue an International Oil Pollution Prevention Certificate in respect of the ship in conformity with Annex I; or(ii) endorse on an International Oil Pollution Prevention Certificate issued in respect of the ship in conformity with Annex I.(L.N. 47 of 2016) 3D. Director may at request of Convention countries survey non-Hong Kong ships and issue or endorse certificates (1) The Director may, at the request of any Convention country— (L.N. 154 of 2022)(a) cause a non-Hong Kong ship that is within the waters of Hong Kong to be surveyed under Part II as if the ship were a Hong Kong ship; and(b) do the following—(i) issue an IOPP Certificate in respect of the ship under Part II as if the ship were a Hong Kong ship; or(ii) endorse on an International Oil Pollution Prevention Certificate issued in respect of the ship in conformity with Annex I.(2) However, no IOPP Certificate may be issued under paragraph (1)(b)(i) in respect of a non-Hong Kong ship entitled to fly the flag of a country that is not a Convention country. (L.N. 154 of 2022)(L.N. 47 of 2016) Part II Surveys, Certificates and Oil Record Book Division 1 Specified Certificates and Related Surveys (L.N. 154 of 2022) 4. Initial survey and renewal survey (L.N. 47 of 2016)(1) The owner of every Hong Kong oil tanker of 150 GT and above and every other Hong Kong ship of 400 GT and above, shall cause the same to be surveyed before the ship is put into service or before an IOPP Certificate or HKOPP Certificate in respect of the ship is issued for the first time, and thereafter at intervals not exceeding five years by a Government surveyor. Any application for a survey shall be accompanied by calculations in accordance with Part V of these Regulations and such information relating to the ship as the Director may require for the purposes of the survey.(2) The Director shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a Government surveyor.(3) The Government surveyor shall survey the ship and satisfy himself that its structure, equipment, systems, fittings, arrangements and material are in accordance with the requirements of these Regulations and that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems and oil filtering equipment are in good working order.(4) (Repealed L.N. 47 of 2016)(5) The Government surveyor, if satisfied on the survey that he may properly do so, shall forward to the Director a declaration of survey containing such particulars of the ship as are required by the Director to enable the Director to issue the IOPP Certificate or HKOPP Certificate in respect of the ship.(6) The owner of a ship referred to in paragraph (1) is regarded as having complied with that paragraph if the owner causes the ship to be subject to—(a) an initial survey by a recognized organization—(i) before the ship is put into service; or(ii) before an IOPP Certificate or HKOPP Certificate in respect of the ship is issued for the first time; and(b) a renewal survey by a recognized organization, at intervals not exceeding 5 years. (L.N. 47 of 2016)(L.N. 47 of 2016) 5. Annual survey (1) Subject to paragraph (1A), the owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall, so long as the Certificate remains in force, cause the ship to be subject to an annual survey, which shall be carried out within three months before or after the anniversary date of the Certificate.(1A) If an intermediate survey of the ship has been carried out under regulation 6(1) in a particular year, the annual survey of the ship under paragraph (1) for that year is not required to be carried out. (L.N. 47 of 2016)(2) The Director shall upon receipt of an application for survey and any prescribed fee payable on such application cause the ship to be surveyed by a Government surveyor.(3) The Government surveyor must survey the ship to ensure that the requirements in Regulation 6 of Annex I concerning an annual survey are complied with. (L.N. 47 of 2016)(4) On completion of the survey in accordance with the requirements of the preceding paragraph the Government surveyor shall, where he is so satisfied, endorse the IOPP Certificate to that effect.(5) If, in a particular year, the owner of a ship referred to in paragraph (1) causes the ship to be subject to an annual survey by a recognized organization within 3 months before or after the anniversary date of the International Oil Pollution Prevention Certificate, that paragraph (as read with paragraph (1A)) is regarded as having been complied with by the owner for that year. (L.N. 47 of 2016)(L.N. 47 of 2016) 6. Intermediate survey (1) The owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall so long as the Certificate remains in force cause the ship to be subject to an intermediate survey during the period of validity of the Certificate. This survey must be carried out— (L.N. 47 of 2016)(a) within the period commencing 3 months before and ending 3 months after the second anniversary date of the Certificate issued in respect of the ship; or(b) within the period commencing 3 months before and ending 3 months after the third anniversary date of the Certificate issued in respect of the ship.(2) The Director shall upon receipt of an application for a survey and any prescribed fee payable on such application cause the ship to be surveyed by a Government surveyor.(3) The Government surveyor must survey the ship to ensure that the requirements in Regulation 6 of Annex I concerning an intermediate survey are complied with. (L.N. 47 of 2016)(4) On completion of the survey in accordance with the requirements of the preceding paragraph, the Government surveyor, where he is so satisfied, shall endorse the IOPP Certificate to that effect.(5) The owner of a ship referred to in paragraph (1) is regarded as having complied with that paragraph if the owner causes the ship to be subject to an intermediate survey by a recognized organization—(a) within the period commencing 3 months before and ending 3 months after the second anniversary date of the International Oil Pollution Prevention Certificate issued in respect of the ship; or(b) within the period commencing 3 months before and ending 3 months after the third anniversary date of the International Oil Pollution Prevention Certificate issued in respect of the ship. (L.N. 47 of 2016)(L.N. 47 of 2016) 6A. Additional survey (1) The Director may, by written notice to the owner and the master of a ship, require an additional survey of the ship to be carried out by a Government surveyor within a reasonable period specified by the Director.(2) The Director may exercise the power under paragraph (1) only if—(a) the Director determines on the basis of an investigation under regulation 8(3) that the survey is necessary;(b) the Director has reasonable grounds to believe that important repairs or renewals have been made to the ship after an IOPP Certificate or a HKOPP Certificate has been issued in respect of the ship;(c) the Director has reasonable grounds to believe that regulation 8(1) is not complied with in respect of the ship; or(d) after an IOPP Certificate or a HKOPP Certificate has been issued in respect of the ship, alterations have been made to the structure, equipment, systems, fittings, arrangements or material covered by the survey leading to the issue of the Certificate.(3) On receiving a notice under paragraph (1), the owner and the master of the ship must cause an additional survey to be carried out.(4) The additional survey may be general or partial as the Director thinks fit.(5) If, after having carried out an additional survey of the ship, the surveyor is satisfied that—(a) the structure, equipment, systems, fittings, arrangements and material of the ship which are covered by the survey comply with the applicable requirements; and(b) where repairs or renewals have been made to the ship—(i) such repairs or renewals have been effectively made; and(ii) the materials used in, and the workmanship of, such repairs or renewals are in all respects satisfactory,the surveyor must make a declaration of survey to that effect and forward the declaration to the Director.(6) In this regulation— applicable requirements (適用規定) means— (a) for a ship in respect of which an IOPP Certificate is in force, the requirements under Chapter 2 of Annex I; and (b) for a ship in respect of which a HKOPP Certificate is in force, the requirements under this Part. (L.N. 47 of 2016) 7. Issue and duration of IOPP and HKOPP Certificate (1) The Director must, on receipt of a declaration of survey under regulation 4(5) which relates to a Hong Kong ship, issue to the ship—(a) in the case of an oil tanker of 150 GT and above and any other ship of 400 GT and above which is engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention—an IOPP Certificate. (L.N. 127 of 2019; L.N. 72 of 2020)(b) (Repealed L.N. 72 of 2020)(1A) The Director must, on receipt of a declaration of survey for a survey referred to in regulation 4 which relates to a Hong Kong ship that—(a) is an oil tanker of 150 GT and above or any other ship of 400 GT and above; and(b) is not engaged in voyages referred to in paragraph (1)(a),issue to the ship a HKOPP Certificate. (L.N. 72 of 2020)(2)-(4) (Repealed L.N. 47 of 2016)(5) An IOPP Certificate or HKOPP Certificate is valid for a period not exceeding 5 years from the date of issue stated in the Certificate. (L.N. 47 of 2016)(6) (Repealed L.N. 47 of 2016)(7) Subject to regulation 10A, an IOPP Certificate or HKOPP Certificate issued in respect of a Hong Kong ship which is either an oil tanker of 150 GT and above or a ship of 400 GT and above, other than an oil tanker, must be— (L.N. 154 of 2022)(a) kept on board the ship; and(b) made available for inspection at all reasonable times. (L.N. 47 of 2016) 7A. Duration of specified Certificate issued after renewal survey Despite regulation 7(5), a new specified Certificate issued in respect of a ship as a result of a renewal survey under regulation 4 is valid for such period as may be specified in the Certificate in accordance with Regulation 10 of Annex I.(L.N. 47 of 2016) 7B. Duration of specified Certificate after early completion of surveys (1) This regulation applies if—(a) an annual survey of a ship is completed before the period within which the survey is required to be completed under regulation 5; or(b) an intermediate survey of a ship is completed before the period within which the survey is required to be completed under regulation 6.(2) After a survey is completed as described in paragraph (1)(a) or (b), the existing specified Certificate issued in respect of the ship must be endorsed to show a date described on the endorsement as the “new anniversary date”, which must be a date that is within 3 months from the date of completion of the survey (new anniversary date).(3) For the purposes of the survey and any annual survey or intermediate survey to be carried out in respect of the ship under regulation 5 or 6 in any year subsequent to the endorsement, the period within which the survey must be carried out is to be ascertained by reference to the new anniversary date instead of an anniversary date of the existing IOPP Certificate or International Oil Pollution Prevention Certificate (as the case may require) issued in respect of the ship.(4) The duration of an existing specified Certificate issued in respect of a ship may be varied by the Director in accordance with Regulation 10 of Annex I.(L.N. 47 of 2016) 7C. Extension of validity period of specified Certificate in certain circumstances The Director may extend the validity period of an existing specified Certificate issued in respect of a ship in accordance with Regulation 10 of Annex I if—(a) the Certificate is valid for a period of less than 5 years;(b) a new specified Certificate cannot be issued or placed on board the ship before the expiry of the Certificate;(c) the ship is not in the port in which it is to be surveyed when the Certificate expires; or(d) the ship is engaged in short voyages.(L.N. 47 of 2016) 7D. Specified Certificate ceases to be valid A specified Certificate issued in respect of a Hong Kong ship ceases to be valid if—(a) without the approval of the Director, a material change has been made to the structure, equipment, systems, fittings, arrangements or material required by these Regulations, other than the direct replacement of such equipment or fittings;(b) a survey referred to in this Part is not carried out in relation to the ship within the period specified for the survey in this Part;(c) the Certificate is not endorsed under regulation 5, or under Regulation 6 of Annex I, after an annual survey of the ship is carried out;(d) the Certificate is not endorsed under regulation 6, or under Regulation 6 of Annex I, after an intermediate survey of the ship is carried out; or(e) the ship is transferred to the registry of a place outside Hong Kong.(L.N. 47 of 2016) 7E. Certificates issued under this Part regarded as International Oil Pollution Prevention Certificate in Annex I For the purposes of regulations 7A, 7B and 7C, an IOPP Certificate or HKOPP Certificate issued under this Part is to be regarded as an International Oil Pollution Prevention Certificate referred to in Regulation 10 of Annex I.(L.N. 47 of 2016) 7EA. Exemption for UNSP barges A UNSP barge in respect of which an International Oil Pollution Prevention Exemption Certificate is in force is exempted from this Division.(L.N. 154 of 2022) Division 2 International Oil Pollution Prevention Exemption Certificates and Related Surveys (Division 2 added L.N. 154 of 2022) 7EB. Issue of IOPPE Certificate (1) Subject to paragraphs (3) and (4), the Director may, on application of the owner of a barge (being a Hong Kong ship) that is of 400 GT and above and that is engaged in a voyage to a port or an offshore terminal within the jurisdiction of another Convention country, issue an IOPPE Certificate in respect of the barge.(2) The application must be accompanied by the prescribed fee for the issue of the certificate.(3) The Director must not issue an IOPPE Certificate in respect of the barge unless the Director is satisfied—(a) if—(i) no International Oil Pollution Prevention Exemption Certificate is in force in respect of the barge—that an initial survey of the barge has been carried out in accordance with regulation 7EC; or(ii) an International Oil Pollution Prevention Exemption Certificate is in force in respect of the barge—that a renewal survey of the barge has been carried out in accordance with regulation 7EC; and(b) on evidence of a declaration of survey forwarded under regulation 7EC(3), that the barge is a UNSP barge.(4) The Director must not issue an IOPPE Certificate in respect of the barge if the barge has any means (whether temporary or permanent) of generating oil residues. 7EC. Initial survey and renewal survey (1) An initial survey or renewal survey of a barge for the purposes of regulation 7EB is to be carried out by a Government surveyor.(2) 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.(3) 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—(a) make a declaration of survey to that effect; and(b) forward the declaration to the Director. 7ED. Director may require additional survey (1) The Director may, by written notice to the owner of a barge in respect of which an International Oil Pollution Prevention Exemption 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.(2) The additional survey may be general or partial as the Director thinks fit.(3) The Director may exercise the power under paragraph (1) only if the Director has reasonable grounds to believe that the barge is no longer a UNSP barge.(4) On receiving a notice under paragraph (1), the owner of the barge must cause an additional survey to be carried out.(5) 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.(6) 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—(a) make a declaration of survey to that effect; and(b) forward the declaration to the Director. 7EE. Validity period of International Oil Pollution Prevention Exemption Certificate (1) Subject to paragraph (2), an International Oil Pollution Prevention Exemption Certificate issued in respect of a UNSP barge is valid for such period as may be specified in the certificate.(2) The period specified in an International Oil Pollution Prevention Exemption 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. 7EF. When International Oil Pollution Prevention Exemption Certificate ceases to be valid An International Oil Pollution Prevention Exemption Certificate issued in respect of a UNSP barge (being a Hong Kong ship) ceases to be valid if—(a) the barge is no longer a UNSP barge; or(b) the barge ceases to be registered in Hong Kong. Division 3 Supplementary Provisions (L.N. 154 of 2022) 7F. Cancellation of Certificate (L.N. 154 of 2022)(1) The Director may, by written notice to the owner and the master of a Hong Kong ship, cancel a specified Certificate or an International Oil Pollution Prevention Exemption Certificate issued in respect of the ship in the circumstances set out in paragraph (2). (L.N. 154 of 2022)(2) The circumstances are that the Director has reasonable grounds to believe that the Certificate was issued, or any endorsement on it was made, on the basis of false or erroneous information.(3) The Director must give reasons for cancelling the Certificate in the notice under paragraph (1).(4) On receiving a notice under paragraph (1), the owner of the ship must deliver the Certificate to the Director immediately.(L.N. 47 of 2016) 8. Responsibilities of owner and master (1) The owner and master of every ship to which these Regulations apply shall each ensure that the condition of the ship and its equipment is maintained so as to comply with the relevant provisions of these Regulations.(2) After any survey of a Hong Kong ship required by these Regulations has been completed, no material change shall be made in the structure, equipment, systems, fittings, arrangements or material subject to such survey without the approval of the Director.(3) Whenever an accident occurs to a Hong Kong ship or a defect is discovered, either of which substantially affects the integrity of a ship or the efficiency or completeness of its equipment, it shall be reported by the master or (if the master fails to do so) the owner at the earliest opportunity to the Director who must cause an investigation to be carried out to determine whether an additional survey under regulation 6A is necessary. If the ship is in a port (other than a port in the waters of Hong Kong) of a country which is a Party to the Convention the master or (if the master fails to do so) the owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated and the Director shall ascertain that such a report has been made. (23 of 1998 s. 2)(4) (a) If an accident has occurred to or a defect has been discovered in or on any non-Hong Kong ship and which is for the time being in the waters of Hong Kong, and the accident or defect is such as to substantially affect the integrity of the ship or the efficiency or completeness of its equipment, the owner or (if he fails to do so) the master shall make a report immediately to the Director and where appropriate to the authority responsible for issuing the International Oil Pollution Prevention Certificate to the ship. (E.R. 1 of 2023)(b) The owner or (if he fails to do so) the master shall report the results of any investigation or survey initiated by the authority responsible for issuing the International Oil Pollution Prevention Certificate to the ship to the Director, who may detain the ship until such a report has been made.(c) If within a reasonable period the Director is not satisfied that a full and proper report has been made to the authority responsible for issuing an International Oil Pollution Prevention Certificate to the ship, or that the action taken is sufficient to restore the integrity of the ship or the efficiency or completeness of its equipment, he may take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. Without prejudice to any other action he may take, the Director may request the authority responsible for issuing the Certificate to the ship to carry out such surveys and inspections as he may consider to be necessary to establish that the condition of the ship is such that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.(L.N. 47 of 2016) 9. Procedure to be adopted when corrective action is necessary (1) In any case where the Government surveyor determines that the condition of a Hong Kong ship or its equipment does not correspond substantially with the particulars of the specified Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, the Government surveyor shall advise the owner or master of the corrective action which is required, and shall give notice thereof to the Director. (L.N. 47 of 2016)(2) If such corrective action is not taken within such period (being a reasonable period) as the Government surveyor may specify, the Government surveyor shall, at the end of that time, immediately notify the Director who may, on receipt of such notification, by written notice to the owner and the master of the ship, require the surrender of the specified Certificate issued in respect of the ship to the Director. (L.N. 47 of 2016; E.R. 1 of 2016)(3) On receiving a notice under paragraph (2), the owner of the ship must deliver the Certificate to the Director immediately. (L.N. 47 of 2016)(4) (Repealed L.N. 47 of 2016)(4A) The owner or the master of the ship may, after the corrective action has been taken in respect of the ship, apply to the Director for the return of the specified Certificate. (L.N. 47 of 2016)(4B) On receiving an application under paragraph (4A), the Director must, if satisfied that the corrective action has been taken in respect of the ship, by written notice to the applicant, return the specified Certificate to the applicant. (L.N. 47 of 2016)(5) Where the ship is in a port (other than a port in the waters of Hong Kong) of a Convention country and corrective action in accordance with paragraph (2) of this regulation has not been taken, the Government surveyor shall in addition immediately notify the appropriate authorities of the country in which the port is situated. (L.N. 47 of 2016)(6) (Repealed L.N. 47 of 2016) 10. Oil Record Book (1) Every ship to which these Regulations apply of 400 GT and above, other than an oil tanker, and every oil tanker of 150 GT and above shall be provided with an Oil Record Book Part I (Machinery Space Operations). Every oil tanker of 150 GT and above shall also be provided with an Oil Record Book Part II (Cargo/Ballast Operations). The Oil Record Book, whether it forms part of the ship’s official log book or engine room log book or otherwise, shall be in the form set out in Appendix III to Annex I. (L.N. 47 of 2016)(1A) An electronic record book may be used for recording matters to be recorded in the Oil Record Book only if the electronic record book is approved by the following authority after taking into account the guidelines developed by IMO—(a) for a Hong Kong ship—the Director; or(b) for a non-Hong Kong ship—an Administration. (L.N. 120 of 2020)(2) The Oil Record Book shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following operations take place in the ship—(a) for machinery space operations (all ships)—(i) ballasting or cleaning of oil fuel tanks;(ii) discharge of ballast or cleaning water from oil fuel tanks which have been ballasted or cleaned;(iii) disposal of oil residue (sludge); (L.N. 47 of 2016)(iv) discharge overboard of bilge water which has accumulated in machinery spaces;(b) for cargo/ballast operation (oil tankers)—(i) loading of oil cargo;(ii) internal transfer of oil cargo during voyage;(iii) unloading of oil cargo;(iv) ballasting of cargo tanks and dedicated clean ballast tanks;(v) cleaning of cargo tanks including crude oil washing;(vi) discharge of ballast except from segregated ballast tanks;(vii) discharge of water from slop tanks;(viii) closing of all applicable valves or similar devices after slop tank discharge operations;(ix) closing of valves necessary for the isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations;(x) disposal of residues.(3) In the event of such discharge of oil or oily mixture as is referred to in regulation 11 or in the event of an accidental or other exceptional discharge of oil not excepted by that regulation, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge.(4) Each operation described in paragraph (2) of this regulation shall be fully recorded without delay in the Oil Record Book so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page or group of electronic entries shall be signed by the master. (L.N. 120 of 2020)(5) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board. It shall be preserved for a period of three years after the last entry has been made.(6) A Government surveyor may inspect the Oil Record Book on board any ship whilst the ship is in a port or offshore terminal and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship’s Oil Record Book shall be admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book and the taking of a certified copy by the Government surveyor under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed. (L.N. 47 of 2016; L.N. 127 of 2019)(7) In this regulation—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 an Oil Record Book under these Regulations. (L.N. 120 of 2020) 10A. Certificate for UNSP barge to be kept on towing or pushing vessels (1) This regulation applies to a UNSP barge that is engaged in a towing or pushing operation during a voyage to a port or an offshore terminal within the jurisdiction of another Convention country.(2) 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—(a) if the barge is exempted under regulation 7EA—the International Oil Pollution Prevention Exemption Certificate; or(b) otherwise—the International Oil Pollution Prevention Certificate.(3) During the towing or pushing operation, the certificate mentioned in paragraph (2)(a) or (b) must be kept on board the towing or pushing vessel.(L.N. 154 of 2022) Part III Requirements for Control of Operational Pollution—Control of Discharge of Oil 11. General exceptions The provisions of regulations 12, 13 and 16 shall not apply to—(a) any discharge into the sea of oil or oily mixture which is necessary for the purpose of securing the safety of a ship or saving life at sea; or(b) any discharge into the sea of oil or oily mixture which results from damage to a ship or its equipment—(i) provided that all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and(ii) unless the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or(c) any discharge into the sea of substances containing oil as approved by the Director, when the substances are being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. (L.N. 47 of 2016) 12. Ships other than oil tankers and machinery space bilges of oil tankers (1) Subject to regulation 11 this regulation applies to—(a) (i) Hong Kong ships other than oil tankers; and(ii) Hong Kong oil tankers in relation to discharges from their machinery space bilges (unless mixed with oil cargo residue) but excluding cargo pump room bilges,wherever they may be and to—(b) (i) other ships other than oil tankers; and(ii) other oil tankers in relation to discharges from their machinery space bilges (unless mixed with oil cargo residue) but excluding cargo pump room bilges,when they are within the waters of Hong Kong.(2) A ship to which this regulation applies shall not discharge oil or oily mixture into any part of the sea unless all the following conditions are satisfied— (L.N. 47 of 2016)(a) the ship is proceeding on a voyage;(b) the ship is not within a special area;(ba) the ship is not within Arctic waters; (L.N. 45 of 2019)(c) the oil content of the effluent without dilution does not exceed 15 ppm; and (L.N. 641 of 1994)(d) the ship has in operation equipment as required by regulation 14. (L.N. 641 of 1994)(e) (Repealed L.N. 641 of 1994)(3) (Repealed L.N. 47 of 2016)(4) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge prescribed by this regulation.(5) Insofar as any oil or oily mixture has not been unloaded as cargo and may not be discharged into the sea in compliance with paragraph (2), it shall be retained on board and shall only be discharged into reception facilities. (L.N. 641 of 1994) 12A. Location of oil fuel tank (1) This regulation applies to a ship delivered on or after 1 August 2010 with an aggregate oil fuel capacity of 600 m3 and above.(2) Subject to paragraph (3), an oil fuel tank of a ship must be constructed and located in compliance with Regulation 12A of Annex I.(3) Paragraph (2) does not apply to a small oil fuel tank of the ship if the aggregate oil fuel capacity of the small oil fuel tanks of the ship is not greater than 600 m3.(4) The location or fitting of lines of oil fuel piping and a suction well in an oil fuel tank of the ship must comply with Regulation 12A of Annex I.(5) In this regulation—oil fuel capacity (燃油容量), in relation to an oil fuel tank, means the volume of a tank in m3, at 98% filling;ship delivered on or after 1 August 2010 (船舶在2010年8月1日或之後交付) has the meaning given by Regulation 1 of Annex I;small oil fuel tank (小型燃油艙) means an oil fuel tank with a maximum individual capacity of not greater than 30 m3.(L.N. 47 of 2016) 12B. Provision of oil residue (sludge) tank and disposal of oil residue (sludge) (1) This regulation applies to a ship of 400 GT and above.(2) Subject to paragraph (4), a ship must be provided with an oil residue (sludge) tank, and the tank must comply with Regulation 12.3 of Annex I.(3) The oil residue (sludge) of a ship must be disposed of directly from the oil residue (sludge) tank of the ship to one of the means described in Regulation 12.2 of Annex I.(4) If a ship—(a) is constructed before 1 January 2017;

and(b) is not subject to a renewal survey under regulation 4 during the period between 1 January 2017 and the commencement date,the oil residue (sludge) tank of the ship must comply with Regulation 12.3.3 of Annex I not later than the first renewal survey of the ship that is carried out after the commencement date.(5) In this regulation—*commencement date (生效日期) means the date on which the Merchant Shipping (Prevention of Oil Pollution) (Amendment) (No. 2) Regulation 2019 (L.N. 127 of 2019) comes into operation; (E.R. 4 of 2020)oil residue (sludge) tank (油類殘餘物(油類淤渣)液艙) has the meaning given by Regulation 1 of Annex I.(L.N. 127 of 2019) Editorial Note: * Commencement date: 1 January 2020. 13. Oil tankers (1) Subject to regulation 11 this regulation applies to—(a) every Hong Kong oil tanker; and(b) every other oil tanker when it is within the waters of Hong Kong.(2) Subject to paragraph (3) of this regulation an oil tanker to which this regulation applies shall not discharge any oil or oily mixture (except those for which provision is made in regulation 12) into any part of the sea unless all the following conditions are satisfied—(a) the tanker is proceeding on a voyage;(b) the tanker is not within a special area;(ba) the tanker is not within Arctic waters; (L.N. 45 of 2019)(c) the tanker is more than 50 miles from the nearest land;(d) the instantaneous rate of discharge of oil content does not exceed 30 litres per mile; (L.N. 641 of 1994)(e) for oil tankers delivered after 31 December 1979 (being ships delivered after 31 December 1979), the total quantity of oil discharged into the sea does not exceed 1/30 000 of the total quantity of the particular cargo of which the residue formed a part, or, for oil tankers delivered on or before 31 December 1979 (being ships delivered on or before 31 December 1979), the total quantity of oil discharged does not exceed 1/15 000 of the total quantity of the particular cargo of which the residue formed a part; and (L.N. 47 of 2016)(f) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulation 15.(3) Paragraph (2) shall not apply to the discharge of—(a) clean or segregated ballast; or(b) an unprocessed oily mixture which without dilution has an oil content not exceeding 15 ppm, which does not originate from cargo room bilges and which is not mixed with oil cargo residues. (L.N. 177 of 1991)(4) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purposes of circumventing the conditions of discharge prescribed by this regulation.(5) Insofar as any oil or oily mixture has not been unloaded as cargo and may not be discharged into the sea in compliance with paragraph (2) of this regulation, it shall be retained on board and shall only be discharged into reception facilities. 14. Oil filtering equipment (L.N. 47 of 2016)(1) Subject to paragraph (2A) of this regulation, every ship of 400 GT and above but less than 10 000 GT to which these Regulations apply shall be fitted with oil filtering equipment complying with paragraph (5). Any ship to which these Regulations apply which carries ballast water in its bunker fuel tanks shall comply with paragraph (2) of this regulation (notwithstanding that the ship is of less than 10 000 GT) or regulation 24(2). (L.N. 641 of 1994)(2) Subject to paragraph (2A), every ship of 10 000 GT and above to which these Regulations apply shall be fitted with oil filtering equipment complying with paragraph (6), and with arrangement for an alarm and for automatically stopping any discharge of oily mixtures when the oil content of the effluent exceeds 15 ppm. (L.N. 641 of 1994)(2A) A ship which is stationary (except for non-cargo-carrying relocation voyages) need not be fitted with the oil filtering equipment required under paragraph (1) or (2) if—(a) a holding tank having a volume adequate, to the satisfaction of the Director or an Administration, for the total retention on board of the oily bilge water, is provided on the ship; and(b) all oily bilge water is retained on board for subsequent discharge to reception facilities. (L.N. 47 of 2016)(3) (a) Paragraphs (1) and (2) shall not apply to a ship engaged exclusively— (L.N. 47 of 2016)(i) on voyages within the special areas; (L.N. 45 of 2019)(ia) on voyages within Arctic waters; or (L.N. 45 of 2019)(ii) on voyages within the waters of Hong Kong,if—(A) the Director is satisfied that the ship is fitted with a holding tank having a volume adequate for the total retention on board of the oily bilge water;(B) all oily bilge water is retained on board for subsequent discharge to reception facilities;(C) the Director is satisfied that adequate reception facilities are available to receive such oily bilge water at the place of discharge;(D) the specified Certificate issued in respect of the ship is endorsed to the effect that the ship is exclusively engaged on voyages of a type specified in sub-subparagraph (i), (ia) or (ii); and (L.N. 45 of 2019)(E) the quantity, time and port of the discharge are recorded in the Oil Record Book. (L.N. 177 of 1991)(b) Ships of less than 400 GT (other than an oil tanker) shall be equipped so far as practicable and reasonable, (in the case of Hong Kong ships to the satisfaction of the Director), with installations to ensure the storage of oil or oily mixtures on board and their discharge to reception facilities, or to ensure the discharge of such mixtures is in accordance with regulation 12.(4) (Repealed L.N. 47 of 2016)(5) The oil filtering equipment referred to in paragraph (1) shall be of a design approved by the Director or an Administration as being in accordance with the specification adopted by IMO and shall be such as to ensure that any oily mixture discharged into the sea after passing through the system shall have an oil content which does not exceed 15 ppm. (L.N. 641 of 1994)(6) The oil filtering equipment referred to in paragraph (2) shall be—(a) of a design approved by the Director or an Administration as being in accordance with the specification adopted by IMO;(b) adequate to ensure that the oil content of any oily mixture discharged into the sea after passing through the system does not exceed 15 ppm;(c) provided with alarm arrangements in accordance with the specification adopted by IMO to indicate when the level of 15 ppm is being exceeded; and(d) provided with arrangements such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of the effluent exceeds 15 ppm. (L.N. 641 of 1994)(7) (Repealed L.N. 47 of 2016)(7A) (Repealed L.N. 641 of 1994)(8) (Repealed L.N. 47 of 2016)(9) The oil filtering equipment referred to in paragraphs (1) and (2) may include any combination of a separator, filter or coalescer or may consist of a single unit designed to produce an effluent with an oil content not exceeding 15 ppm. (L.N. 641 of 1994)(10) In this regulation—oily bilge water (油性艙底水) has the meaning given by Regulation 1 of Annex I. (L.N. 47 of 2016)(L.N. 47 of 2016) 15. Retention of oil on board (1) Subject to the provisions of paragraphs (5) and (6) of this regulation, oil tankers of 150 GT and above to which these Regulations apply shall be provided with arrangements in accordance with paragraph (2).(2) (a) Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residues and tank washings from the cargo tanks into a slop tank of a type approved by the Director. In oil tankers delivered on or before 31 December 1979 (being ships delivered on or before 31 December 1979), any cargo tank may be designated as a slop tank.(b) Arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharges into the sea will be such as to comply with regulation 13.(c) The slop tank or combination of slop tanks provided pursuant to subparagraph (b) above shall have sufficient capacity to retain the slops generated by tank washings, oil residues and dirty ballast residues; and that capacity shall be not less than 3 per cent of the cargo oil carrying capacity of the ship unless—(i) segregated ballast tanks or dedicated clean ballast tanks are provided in accordance with regulation 18, or a cargo tank cleaning system using crude oil washing, in accordance with regulation 21, in either of which events the total capacity of the slop tank or tanks may be reduced to 2 per cent of the oil carrying capacity of the ship;(ii) in the case of combination carriers, the oil cargo is carried in tanks with smooth walls, when the said total capacity may be reduced to 1 per cent of the oil carrying capacity of the ship: Provided that, where the tank washing arrangements are such that, once the slop tank or tanks are charged with washing water, this water is sufficient for the tank washing and, where applicable, for providing the driving fluid for the pumps (including eductors) without the introduction of additional water into the system, the above figures of 3 per cent, 2 per cent and 1 per cent may be reduced to 2 per cent, 1.5 per cent and 0.8 per cent respectively.(d) Slop tanks shall be so designed, particularly as regards the position of inlets, outlets, baffles or weirs (where fitted), as to avoid excessive turbulence and entrainment of oil or emulsion with water.(e) Oil tankers of 70 000 tonnes deadweight and above delivered after 31 December 1979 (being ships delivered after 31 December 1979) shall be provided with at least two slop tanks.(3) (a) An oil discharge monitoring and control system of a design approved by the Director must be fitted. It must be designed and installed in compliance with the guidelines and specifications adopted by IMO for oil discharge monitoring and control systems of oil tankers. (L.N. 47 of 2016)(b) Any such system shall be fitted with a recording device to provide, unless otherwise required by the guidelines and specifications referred to in subparagraph (a), a continuous record of the discharge of oil in litres per mile and the total quantity of oil discharged or, in lieu of the total quantity of oil discharged, the oil content and rate of discharge of the effluent. The record shall be identifiable as to the time and date and shall be kept for at least three years.(c) The system shall be brought into operation when there is a discharge of effluent into the sea and shall be such as to ensure that any discharge of oily mixture is, unless otherwise permitted by the guidelines and specifications referred to in subparagraph (a), automatically stopped when the instantaneous rate of discharge of oil exceeds 30 litres per mile. (L.N. 641 of 1994)(d) On any failure of the system the discharge shall be stopped and the failure shall be noted in the Oil Record Book. A manually operated alternative system shall be provided and may be used in the event of such a failure, but the defective unit shall be made operable as soon as possible and the tanker may be allowed to undertake one ballast voyage before proceeding to a repair port. (L.N. 641 of 1994)(e) Effective oil/water interface detectors, of a design approved by the Director as being in compliance with the specifications adopted by IMO, must be provided for the rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea.(f) Instruction manuals on the operation and maintenance of the various items comprising the oil discharge monitoring and control system approved by the Director shall be provided. These manuals shall contain information on manual as well as automatic operations and shall be so drawn up as to ensure that at no time shall oil be discharged except in compliance with the conditions specified in regulation 13.(4) The discharge of oil from oil tankers of less than 150 GT pursuant to regulation 13 shall be effected by the retention of the oil on board until subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage or slop tank shall be recorded in the Oil Record Book. This total quantity shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of regulation 13 are complied with.(5) (a) Paragraphs (1), (2) and (3) shall not apply to an oil tanker engaged exclusively in trade within the waters of Hong Kong, if—(i) all oily mixtures are retained on board for subsequent discharge to reception facilities; and(ii) the Director is satisfied that adequate facilities are available at the place of discharge to receive such oily mixtures.(b) Paragraph (3) shall not apply—(i) to an oil tanker of 40 000 tonnes deadweight and above delivered on or before 1 June 1982 which is engaged in specific trades and the conditions specified in regulation 22(2) are complied with; or(ii) subject to subparagraph (c), to an oil tanker engaged exclusively—(A) on voyages within the special areas;(AB) on voyages within Arctic waters; or (L.N. 45 of 2019)(B) on voyages within the waters of Hong Kong.(c) The exemption in subparagraph (b)(ii) shall only apply if—(i) all oily mixtures are retained on board for subsequent discharge to reception facilities;(ii) the Director is satisfied that where the oil tanker is engaged exclusively on voyages specified in subparagraph (b)(ii) adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals at which the tanker calls;(iii) the specified Certificate issued in respect of the tanker is endorsed to the effect that the tanker is exclusively engaged on voyages of a type specified in subparagraph (b)(ii); and(iv) the quantity, time and port of the discharge are recorded in the Oil Record Book. (L.N. 177 of 1991)(6) Paragraphs (1), (2) and (3) of this regulation shall not apply to oil tankers carrying asphalt or other products subject to the provisions of these Regulations which, through their physical properties, inhibit effective product/water separation and monitoring: in such cases the control of discharge under regulation 13 shall be effected by the retention of residues on board and the discharge of all contaminated washings to reception facilities.(L.N. 47 of 2016) 16. Methods for the prevention of oil pollution from ships operating in special areas or Arctic waters (L.N. 45 of 2019)(1) (Repealed L.N. 47 of 2016)(2) Subject to the provisions of regulation 11—(a) any discharge into the sea of oil or oily mixture from any Hong Kong oil tanker and any Hong Kong ship of 400 GT and above other than an oil tanker shall be prohibited while in a special area. In respect of the Antarctic area, any discharge into the sea of oil or oily mixture from any Hong Kong ship shall be prohibited; (L.N. 171 of 1992)(b) except as provided for in respect of the Antarctic area under subparagraph (a), any discharge into the sea of oil or oily mixture from a Hong Kong ship of less than 400 GT other than a Hong Kong oil tanker shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 ppm; (L.N. 171 of 1992; L.N. 641 of 1994; L.N. 47 of 2016; L.N. 45 of 2019)(c) any discharge into the sea of oil or oily mixture from a Hong Kong ship in Arctic waters is prohibited. (L.N. 45 of 2019)(3) (a) Paragraph (2) of this regulation shall not apply to the discharge of clean or segregated ballast.(b) Subparagraph (2)(a) of this regulation shall not apply to the discharge of processed bilge water from machinery spaces in a special area (other than in the Antarctic area), provided that all the following conditions are satisfied— (L.N. 47 of 2016)(i) the bilge water does not originate from cargo pump room bilges;(ii) the bilge water is not mixed with cargo oil residues;(iii) the ship is proceeding on a voyage;(iv) the oil content of the effluent, without dilution, does not exceed 15 ppm parts of mixture;(v) the ship has in operation an oil filtering equipment complying with regulation 14(6); and (L.N. 641 of 1994; L.N. 47 of 2016)(vi) the oil filtering equipment is equipped with a stopping device which will ensure that the discharge is automatically stopped if the oil content of the effluent exceeds 15 ppm parts of the mixture. (L.N. 47 of 2016)(4) (a) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.(b) In any case where any residues of oil or oily mixture may not be discharged into the sea in compliance with paragraph (2) or (3) of this regulation, they shall be retained on board and shall only be discharged into reception facilities.(5) Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with regulations 12 and 13.(6) Every Hong Kong ship shall, before entering the Antarctic area, be fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have adequate arrangements to discharge such oily residues at a reception facility after leaving the area. (L.N. 171 of 1992) 16A. Transfer of oil cargo between oil tankers at sea (1) This regulation applies to oil tankers of 150 GT and above that are engaged in the transfer of oil cargo between oil tankers at sea (STS operation).(2) This regulation does not apply to—(a) oil transfer operations associated with—(i) fixed or floating platforms (including drilling rigs);(ii) floating production, storage and offloading facilities used for the offshore production and storage of oil; and(iii) floating storage units used for the offshore storage of oil other than crude oil;(b) bunkering operations;(c) STS operations that are necessary for the purpose of securing the safety of a ship or saving life at sea, or for combating specific pollution incidents in order to minimize the damage from pollution; and(d) STS operations where either of the ships concerned is a warship, naval auxiliary or other ship owned or operated by a government and used, for the time being, only on government non-commercial service.(3) An oil tanker engaged in an STS operation must carry on board a plan (STS operation plan) that—(a) prescribes how the operation is to be conducted; and(b) complies with paragraph (4).(4) The STS operation plan—(a) must be approved by the Director or an Administration; and(b) must be written in the working language of the crew.(5) The owner or the master of an oil tanker engaged in an STS operation must ensure that the tanker complies with the STS operation plan carried on board.(6) The person who has the overall advisory control of an STS operation must be qualified to perform all the duties relating to the operation.(7) A record of every STS operation must be retained on board the tankers for 3 years after the operation and be made readily available for inspection.(L.N. 47 of 2016) 16B. Notification of STS operation (1) Subject to paragraph (2), if an oil tanker to which regulation 16A applies is scheduled to engage in an STS operation referred to in regulation 16A(1) within the territorial sea or the exclusive economic zone of a Convention country, the owner or the master of the tanker must, at least 48 hours before the operation begins (specified time)—(a) notify the country that the operation is to occur; and(b) provide in the notification all the information set out in paragraph (3).(2) If, in an exceptional case, not all the information set out in paragraph (3) is available at the specified time, the owner or the master of the tanker that is to discharge oil cargo must—(a) notify the Convention country at the specified time that the STS operation is to occur; and(b) provide all the information set out in paragraph (3) to the country at the earliest opportunity.(3) The information are—(a) name, flag, call sign, IMO number and estimated time of arrival of the tankers to be engaged in the STS operation;(b) the date on which and the time and geographical location at which the STS operation commences;(c) whether the STS operation is to be conducted at anchor or underway;(d) the type and quantity of oil to be transferred during the STS operation;(e) the planned duration of the STS operation;(f) the identification of the STS operation service provider or person in overall advisory control, and the contact information of the provider or person; and(g) a confirmation that the tankers concerned have on board STS operation plans that comply with regulation 16A(3).(4) If the estimated time of arrival of an oil tanker at the geographical location scheduled for the STS operation changes by more than 6 hours, the owner or the master of the tanker must provide a revised estimated time of arrival to the Convention country at the earliest opportunity.(L.N. 47 of 2016) 16C. Special requirements for carriage or use of heavy grade oil in Antarctic area (1) The following carriage or use of heavy grade oil by a Hong Kong ship is prohibited in the Antarctic area—(a) carriage of heavy grade oil in bulk as cargo (use as ballast);(b) carriage of heavy grade oil as fuel; and(c) use of heavy grade oil as fuel.(2) Paragraph (1) does not apply if the Hong Kong ship is engaged—(a) in securing the safety of a ship; and(b) in a search and rescue operation.(L.N. 47 of 2016) 16CA. Special requirements for carriage or use of heavy fuel oil in Arctic waters (1) Subject to paragraphs (2) and (3), the following carriage or use of heavy fuel oil by a Hong Kong ship is prohibited in the Arctic waters—(a) carriage of heavy fuel oil as fuel; and(b) use of heavy fuel oil as fuel.(2) Subject to paragraph (3), paragraph (1) applies, as from 1 July 2029, to a Hong Kong ship to which Regulation 12A of Annex I or Regulation 1.2.1 of Chapter 1 of Part II-A of the Polar Code applies.(3) Paragraph (1) does not apply to a Hong Kong ship that is—(a) engaged in securing the safety of a ship;(b) engaged in a search and rescue operation; or(c) dedicated to oil spill preparedness and response.(4) In this regulation— heavy fuel oil (重油) means oil (other than crude oil)— (a) having a density at 15°C higher than 900 kg/m3; or (b) having a kinematic viscosity at 50°C higher than 180 mm2/s. (L.N. 154 of 2022) Part IIIA Requirements for Ships Operating in Polar Waters (Part IIIA added L.N. 45 of 2019) 16D. Interpretation of Part IIIA In this Part—applicable Polar requirements (適用極地規定), in relation to a ship, means the requirements set out in paragraph 1.2 of Chapter 1 of Part II-A of the Polar Code that are applicable to the ship;statement of compliance (合規陳述) means a statement of compliance referred to in regulation 16G. 16E. Application of Part IIIA This Part applies to a Hong Kong ship that—(a) is constructed on or after 1 January 2017; and(b) is—(i) a Category A ship, or Category B ship, as defined by section 2 of the Introduction of the Polar Code; or(ii) a Category A oil tanker, or Category B oil tanker, referred to in paragraph 1.2.3 of Chapter 1 of Part II-A of the Polar Code. 16F. Requirements for ships operating in polar waters A ship must not operate in polar waters unless the International Oil Pollution Prevention Certificate in force in respect of the ship contains a statement of compliance. 16G. Statement of compliance (1) The Director may, on application by the owner of a ship, make a statement of compliance in the International Oil Pollution Prevention Certificate in force in respect of the ship certifying that the structure and arrangements of the ship comply with the applicable Polar requirements.(2) The Director may make a statement of compliance if satisfied, based on the result of a survey of the ship carried out in accordance with regulation 4, that the structure and arrangements of the ship comply with the applicable Polar requirements. 16H. Transitional provision (1) This regulation applies in relation to a ship—(a) the International Oil Pollution Prevention Certificate in force in respect of which does not contain a statement of compliance; and(b) the structure and arrangements of which comply with the applicable Polar requirements.(2) For the purposes of regulation 16F, the International Oil Pollution Prevention Certificate in force in respect of a ship is regarded as containing a statement of compliance until the earlier of the following—(a) the expiry of 3 months beginning on the date on which the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulation 2019 (L.N. 45 of 2019) comes into operation*; (E.R. 1 of 2023)(b) a statement of compliance is made in the Certificate under regulation 16G. Editorial Note: * Operation date: 31 May 2019. Part IV Requirements for the Cargo Area of Oil Tankers (L.N. 47 of 2016) 17. (Repealed L.N. 47 of 2016)Oil tankers of 20 000 tonnes deadweight and above delivered after 1 June 1982(L.N. 47 of 2016) 18. Segregated ballast tanks (L.N. 47 of 2016)(1) Every crude oil tanker of 20 000 tonnes deadweight and above and every product carrier of 30 000 tonnes deadweight and above delivered after 1 June 1982 must be provided with segregated ballast tanks and shall comply with paragraphs (2), (3) and (4), or paragraph (5) as appropriate, of this regulation.(2) The capacity of the segregated ballast tanks shall be such that the ship may operate safely on ballast voyages without recourse to the use of cargo tanks for water ballast except as provided for in paragraph (3) or (4) of this regulation:Provided that the capacity of the segregated ballast tanks shall be at least such that, in any ballast condition at any part of the voyage, including the condition consisting of lightweight plus segregated ballast only, the ship’s draughts and trim can meet each of the following requirements— (a) the moulded draught amidships (dm) in metres (without taking into account any ship’s deformation) shall not be less than 2.0 + 0.02 L; (b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm) as specified in subparagraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015 L; and (c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller. (3) In no case shall ballast water be carried in cargo tanks, except—(a) on those voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship;(b) where the particular character of the operation of an oil tanker renders it necessary to carry ballast water in excess of the quantity which may be carried in segregated ballast tanks under paragraph (2) of this regulation, provided that the Director has approved that condition of operation.Any such additional ballast water shall be processed and discharged in accordance with the requirements of regulations 13 and 15 and an entry of the discharge shall be made in the Oil Record Book.(4) In the case of crude oil tankers delivered after 1 June 1982, the additional ballast permitted by paragraph (3) of this regulation shall be carried in cargo tanks only if such tanks have been crude oil washed in accordance with regulation 21 before departure from an oil unloading port or terminal.(5) Notwithstanding the provisions of paragraph (2) of this regulation the capacity of the segregated ballast tanks for oil tankers less than 150 metres in length shall be as may be determined by the Director.(6) Every crude oil tanker of 20 000 tonnes deadweight and above delivered after 1 June 1982 shall be fitted with a cargo tank cleaning system using crude oil washing. This system shall fully comply with the requirements of regulation 21 within one year after the tanker is first engaged in the trade of carrying crude oil or by the end of the third voyage carrying crude oil suitable for crude oil washing, whichever occurs later. Unless such oil tanker carries crude oil which is not suitable for crude oil washing, it shall operate the system in accordance with regulation 21.Crude oil tankers of 40 000 tonnes deadweight and above delivered on or before 1 June 1982(L.N. 47 of 2016)(7) Subject to the provisions of paragraph (8) of this regulation and to the provisions of regulations 22 and 23, every crude oil tanker of 40 000 tonnes deadweight and above delivered on or before 1 June 1982 shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) of this regulation from the commencement* of these Regulations.(8) Subject to regulations 22 and 23, crude oil tankers of 40 000 tonnes deadweight and above delivered on or before 1 June 1982 may, in lieu of being provided with segregated ballast tanks, operate with a cargo tank cleaning procedure using crude oil washing in accordance with regulation 21 unless the crude oil tanker is intended to carry crude oil which is not suitable for crude oil washing.(9) (Repealed L.N. 47 of 2016)Product carriers of 40 000 tonnes deadweight and above delivered on or before 1 June 1982(L.N. 47 of 2016)(10) Subject to regulation 22, from the commencement of these Regulations every product carrier of 40 000 tonnes deadweight and above delivered on or before 1 June 1982 shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) of this regulation, or, alternatively, operate with dedicated clean ballast tanks in accordance with the provisions of regulation 20.An oil tanker described in specified Certificate as a segregated ballast oil tanker(L.N. 47 of 2016)(11) Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1), (7) or (10) of this regulation may be described in the specified Certificate as a segregated ballast tanker if it complies with the requirements of paragraphs (2) and (3), or paragraph (5) as appropriate to this regulation.Oil tankers of 70 000 tonnes deadweight and above delivered after 31 December 1979(L.N. 47 of 2016)(12) Every oil tanker of 70 000 tonnes deadweight and above delivered after 31 December 1979 (being a ship delivered after 31 December 1979) must be provided with segregated ballast tanks and must comply with paragraphs (2), (3) and (4), or paragraph (5), as appropriate. (L.N. 47 of 2016)(L.N. 47 of 2016) Editorial Note: * Commencement date: 28 December 1984. 19. Protective location of segregated ballast spaces (1) In every crude oil tanker of 20 000 tonnes deadweight and above and every product carrier of 30 000 tonnes deadweight and above delivered after 1 June 1982 (except any such tanker that meets the requirements set out in regulation 23A), the segregated ballast tanks required to provide the capacity to comply with regulation 18 which are located within the cargo tank length shall be arranged, in accordance with the requirements of paragraphs (2), (3) and (4) of this regulation, to provide a measure of protection against oil outflow in the event of grounding or collision.(2) Segregated ballast tanks and spaces other than oil tanks within the cargo tank length (Lt) shall be so arranged as to comply with the following requirement—ΣPAc + ΣPAs ⩾ J[Lt (B + 2D)]where— PAc ＝ the side shell area in square metres for each segregated ballast tank or space other than an oil tank based on projected moulded dimensions; PAs ＝ the bottom shell area in square metres for each such tank or space based on projected moulded dimensions; Lt ＝ the length in metres between the forward and after extremities of the cargo tanks; B ＝ the maximum breadth of the ship in metres as defined in regulation 1(2); D ＝ the moulded depth in metres measured vertically from the top of the keel to the top of the freeboard deck beam at the side at amidships. In ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design; J ＝ 0.45 for oil tankers of 20 000 tonnes deadweight and 0.30 for oil tankers of 200 000 tonnes deadweight and above, subject to the provisions of paragraph (3) of this regulation. For intermediate values of deadweight the value of “J” shall be determined by linear interpolation. For the purposes of this regulation the symbols referred to in this paragraph shall have the meaning as laid down in this paragraph.(3) For tankers of 200 000 tonnes deadweight and above the value of “J” may be reduced as follows— (L.N. 47 of 2016) J reduced = J − a − O c + O s 4 O A or 0.2 whichever is greater where— a ＝ 0.25 for oil tankers of 200 000 tonnes deadweight, a ＝ 0.40 for oil tankers of 300 000 tonnes deadweight, a ＝ 0.50 for oil tankers of 420 000 tonnes deadweight and above. For intermediate values of deadweight the value of “a” shall be determined by linear interpolation. Oc ＝ has the same meaning as in regulation 27(1)(b)(i), Os ＝ has the same meaning as in regulation 27(1)(b)(ii), OA ＝ the allowable oil outflow as required by regulation 28(2). (4) In calculating the value of “PAc” and “PAs” for segregated ballast tanks and spaces other than oil tanks—(a) the minimum width of any wing tank or space either of which extends for the full depth of the ship’s side or from the deck to the top of the double bottom must not be less than 2 m. The width must be measured inboard from the ship’s side at right angles to the centreline. If a lesser width is provided, the wing tank or space is not to be taken into account when calculating the protecting area “PAc”; and (L.N. 47 of 2016)(b) the minimum vertical depth of any double bottom tank or space must be B/15 or 2 m, whichever is the lesser. If a lesser depth is provided, the double bottom tank or space is not to be taken into account when calculating the protecting area “PAs”. (L.N. 47 of 2016)The minimum width and depth of wing tanks and double bottom tanks shall be measured clear of the bilge area and, in the case of minimum width, shall be measured clear of any rounded gunwale area.(L.N. 47 of 2016) 20. Requirements for product carriers with dedicated clean ballast tanks (L.N. 47 of 2016)(1) A product carrier of 40 000 tonnes deadweight and above (being an oil tanker delivered on or before 1 June 1982) operating with dedicated clean ballast tanks in accordance with regulation 18(10) shall have adequate tank capacity, dedicated solely to the carriage of clean ballast as defined in regulation 1(2) to meet the requirements of regulation 18(2) and (3), as those provisions apply to segregated ballast tanks. (L.N. 47 of 2016)(2) The arrangements and operational procedures for dedicated clean ballast tanks shall comply with the specifications adopted by IMO for oil tankers with dedicated clean ballast tanks. (L.N. 47 of 2016)(3) The product carrier operating with dedicated clean ballast tanks must be equipped with an oil content meter approved by the Director as being in compliance with the specifications adopted by IMO, so as to permit supervision of the oil content in the ballast water being discharged. (L.N. 47 of 2016)(4) The product carrier operating with dedicated clean ballast tanks must be provided with a Dedicated Clean Ballast Tank Operation Manual detailing the system and specifying operational procedures. The Manual must have been approved by the Director and must contain all the information set out in the specifications referred to in paragraph (2). If an alteration affecting the dedicated clean ballast tank system is made, the Manual must be revised, and the revision submitted to the Director for approval. (L.N. 47 of 2016) 21. Requirements for crude oil washing (1) Every crude oil washing system required to be provided in accordance with regulation 18(6) and (8) shall comply with the requirements of this regulation.(2) The crude oil washing installation and associated equipment and arrangements (including qualification of personnel) shall comply with the requirements and specifications adopted by IMO. (L.N. 47 of 2016)(3) With respect to the ballasting of cargo tanks, sufficient cargo tanks shall be crude oil washed prior to each ballast voyage to ensure that, taking into account the tanker’s trading pattern and expected weather conditions, ballast water will need to be put only into cargo tanks which have been crude oil washed.(4) Every oil tanker operating with crude oil washing systems shall be provided with an Operations and Equipment Manual describing the system and equipment in detail and specifying the operation procedures to be followed. This Manual shall have been approved by the Director and shall contain all the information set out in the specifications adopted by IMO for crude oil washing systems. If any alteration is made affecting the crude oil washing system the Operations and Equipment Manual shall be revised, and the revision submitted to the Director for his approval. (L.N. 47 of 2016) 22. Oil tankers engaged in specific trades (L.N. 47 of 2016)(1) Subject to paragraph (2), regulation 18(7), (8) and (10) must not apply to an oil tanker delivered on or before 1 June 1982 and solely engaged in specific trades between— (L.N. 47 of 2016)(a) ports or terminals within a Convention Country; or(b) ports or terminals of two or more Convention Countries, where—(i) the voyage is entirely within a special area; or(ii) the voyage is entirely within other limits designated by the Director. (64 of 1999 s. 3)(2) The provisions of paragraph (1) of this regulation shall apply only when the ports or terminals where the cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with—(a) subject to the exceptions provided for in regulation 11, all ballast water, including clean ballast water, and tank washing residues shall be retained on board until they are transferred to the said reception facilities, and the entry relating to such transfer in the appropriate sections of the Oil Record Book referred to in regulation 10 shall be endorsed by a competent authority appointed by the Convention Country;(b) agreement shall have been reached between the Director and the Governments of the Convention Country or Countries referred to in subparagraph (1)(a) or (1)(b) of this regulation concerning the use of an oil tanker delivered on or before 1 June 1982 for a specific trade; (64 of 1999 s. 3)(c) the adequacy of the reception facilities (in accordance with any Regulations relating to reception facilities) at the ports or terminals referred to above, shall have been approved for the purpose of this regulation by the Governments of the Convention Countries within which those ports or terminals are situated; and(d) the International Oil Pollution Prevention Certificate shall have been endorsed to the effect that the oil tanker is solely engaged in such specific trade.(L.N. 47 of 2016) 23. Oil tankers delivered on or before 1 June 1982 having special ballast arrangements (L.N. 47 of 2016)(1) Where an oil tanker of 40 000 tonnes deadweight and above delivered on or before 1 June 1982 is so constructed or operates in such a manner that it complies at all times with the draught and trim requirements set out in regulation 18(2) without recourse to the use of ballast water, it shall be deemed to comply with the segregated ballast tank requirements referred to in regulation 18(7), provided that all the following conditions are complied with— (L.N. 47 of 2016)(a) the operational procedures and ballast arrangements have been approved by the Director;(b) when the draught and trim requirements are achieved through an operational procedure, agreement as to the use of that procedure has been reached between the Director and the Governments of the Convention Countries concerned; (64 of 1999 s. 3)(c) the International Oil Pollution Prevention Certificate has been endorsed to the effect that the oil tanker is operating with special ballast arrangements. (L.N. 47 of 2016)(2) In no case shall ballast be carried in cargo oil tanks except on those voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship. Such additional ballast water shall be discharged in compliance with regulations 13 and 15 and an entry of any discharge of such water shall be made in the Oil Record Book. 23A. Double hull and double bottom requirements for oil tankers delivered on or after 6 July 1996 (L.N. 47 of 2016)(1) This regulation shall apply to oil tankers of 600 tonnes deadweight and above delivered on or after 6 July 1996. (L.N. 47 of 2016)(2) Every oil tanker of 5 000 tonnes deadweight and above shall— (L.N. 47 of 2016)(a) in lieu of regulation 19, as applicable, comply with the requirements of paragraph (3) unless it is subject to the provisions of paragraphs (4) and (5); and(b) comply, if applicable, with the requirements of paragraph (6).(3) The entire cargo tank length shall be protected by ballast tanks or spaces other than cargo and fuel oil tanks as follows—(a) Wing tanks or spaces Wing tanks or spaces shall extend either for the full depth of the ship’s side or from the top of the double bottom to the uppermost deck, disregarding a rounded gunwale where fitted. They shall be arranged such that the cargo tanks are located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 1, is measured at any cross-section at right angles to the side shell, as specified below— w = 0.5 + DW (m); or 20 000 w = 2.0 m, whichever is the lesser.The minimum value of w = 1.0 m. (b) Double bottom tanks or spaces At any cross-section the depth of each double bottom tank or space shall be such that the distance h between the bottom of the cargo tanks and the moulded line of the bottom shell plating as shown in Figure 1 is not less than specified below— h = B (m); or 15 h = 2.0 m, whichever is the lesser.The minimum value of h = 1.0 m. (c) Turn of the bilge area or at locations without a clearly defined turn of the bilge When the distances h and w are different, the distance w shall have preference at levels exceeding 1.5 h above the baseline as shown in Figure 1. (d) The aggregate capacity of ballast tanksOn crude oil tankers of 20 000 tonnes deadweight and above and product carriers of 30 000 tonnes deadweight and above, the aggregate capacity of wing tanks, double bottom tanks, forepeak tanks and afterpeak tanks shall not be less than the capacity of segregated ballast tanks necessary to meet the requirements of regulation 18. Wing tanks or spaces and double bottom tanks used to meet the requirements of regulation 18 shall be located as uniformly as practicable along the cargo tank length. Additional segregated ballast capacity provided for reducing longitudinal hull girder bending stress, trim, etc., may be located anywhere within the ship. (L.N. 47 of 2016)(e) Suction wells in cargo tanksSuction wells in cargo tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5 h.(f) Ballast and cargo pipingBallast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks. Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks. Exemptions to this requirement may be granted for short lengths of piping, provided that they are completely welded or equivalent.(4) (a) Double bottom tanks or spaces as required by paragraph (3)(b) may be dispensed with, provided that the design of the tanker is such that the cargo and vapour pressure exerted on the bottom shell plating forming a single boundary between the cargo and the sea does not exceed the external hydrostatic water pressure, as expressed by the following formula—f‧hc‧Pc‧g ﹢100△p ≤ dn‧Ps‧gwhere— hc ＝ height of cargo in contact with the bottom shell plating in metres Pc ＝ maximum cargo density in t/m3 dn ＝ minimum operating draught under any expected loading condition in metres Ps ＝ density of sea water in t/m3 △p ＝ maximum set pressure of pressure/vacuum valve provided for the cargo tank in bars f ＝ safety factor = 1.1 g ＝ standard acceleration of gravity (9.81 m/s2) (b) Any horizontal partition necessary to fulfil the above requirements shall be located at a height of not less than B/6 or 6 metres, whichever is the lesser, but not more than 0.6 D, above the baseline where D is the moulded depth amidships.(c) The location of wing tanks or spaces shall be as defined in paragraph (3)(a) except that, below a level 1.5 h above the baseline where h is as defined in paragraph (3)(b), the cargo tank boundary line may be vertical down to the bottom plating, as shown in Figure 2.(5) Other methods of design and construction of oil tankers may also be accepted as alternatives to the requirements prescribed in paragraph (3), provided that such methods ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved by the Director based on guidelines adopted by IMO. (L.N. 47 of 2016)(6) For oil tankers of 20 000 tonnes deadweight and above the damage assumptions prescribed in regulation 29(2)(b) shall be supplemented by the following assumed bottom raking damage— (L.N. 47 of 2016)(a) longitudinal extent—(i) ships of 75 000 tonnes deadweight and above—0.6 L measured from the forward perpendicular;(ii) ships of less than 75 000 tonnes deadweight—0.4 L measured from the forward perpendicular; (L.N. 47 of 2016) (b) transverse extent— B anywhere in the bottom; 3 (c) vertical extent—breach of the outer hull.(7) Oil tankers of less than 5 000 tonnes deadweight shall— (L.N. 47 of 2016)(a) at least be fitted with double bottom tanks or spaces having such a depth that the distance h specified in paragraph (3)(b) complies with the following— h = B (m) with a minimum value of h = 0.76 m; 15 in the turn of the bilge area and at locations without a clearly defined turn of the bilge, the cargo tank boundary line shall run parallel to the line of the midship flat bottom as shown in Figure 3; and (b) be provided with cargo tanks so arranged that the capacity of each cargo tank does not exceed 700 m3 unless wing tanks or spaces are arranged in accordance with paragraph (3)(a) complying with the following— w = 0.4 + 2.4 DW (m) 20 000 with a minimum value of w = 0.76 m.(8) Oil shall not be carried in any space extending forward of a collision bulkhead located in accordance with regulation 3 of the Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. S).

An oil tanker that is not required to have a collision bulkhead in accordance with that regulation shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead located in accordance with that regulation. (E.R. 1 of 2016)(9) In approving the design and construction of oil tankers to be built in accordance with the provisions of this regulation, the Director shall have regard to the general safety aspects including the need for the maintenance and inspections of wing and double bottom tanks or spaces.(10) In this regulation, a reference to an oil tanker delivered on or after 6 July 1996 has the meaning given by Regulation 1 of Annex I. (L.N. 47 of 2016) Figure 1 Cargo tank boundary lines for the purpose of paragraph (3) Figure 2 Cargo tank boundary lines for the purpose of paragraph (4) Figure 3 Cargo tank boundary lines for the purpose of paragraph (7) (L.N. 641 of 1994) 23B. Double hull and double bottom requirements for oil tankers delivered before 6 July 1996 (L.N. 47 of 2016)(1) This regulation shall—(a) apply to oil tankers of 5 000 tonnes deadweight and above delivered before 6 July 1996; (L.N. 47 of 2016)(b) not apply to oil tankers complying with regulation 23A, which are delivered before 6 July 1996; and (L.N. 47 of 2016)(c) not apply to oil tankers covered by subparagraph (a) which comply with regulation 23A(3)(a) and (b) or (4) or (5), except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection shall comply with regulation 19(4)(b).(2)-(7) (Repealed L.N. 47 of 2016)(8) An oil tanker must comply with regulation 23A(2), (3), (4), (5), (6), (8) and (9). (L.N. 47 of 2016)(9) If all the conditions in paragraph (10) are met in respect of a category 2 oil tanker or category 3 oil tanker, the Director may, even if the tanker does not comply with paragraph (8), allow the operation of the tanker if it is fitted with—(a) only double bottoms or double sides that are not used for the carriage of oil and extending to the entire cargo tank length; or(b) double hull spaces that—(i) are not used for the carriage of oil and extending to the entire cargo tank length; and(ii) do not comply with the requirements of being exempted from paragraph (1)(c). (L.N. 47 of 2016)(10) The conditions are—(a) the tanker was in service since 1 July 2001; and(b) the operation does not go beyond 25 years after the date of the delivery of the tanker. (L.N. 47 of 2016)(11) A category 2 oil tanker or category 3 oil tanker must, on the expiry of 15 years after the date of its delivery, comply with the Condition Assessment Scheme adopted by IMO. (L.N. 47 of 2016)(12) For the purposes of paragraphs (9) and (11)—(a) a category 2 oil tanker is—(i) an oil tanker of 20 000 tonnes deadweight and above delivered after 1 June 1982 which carries crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo; and(ii) an oil tanker of 30 000 tonnes deadweight and above delivered after 1 June 1982 which carries oil other than oil specified in sub-subparagraph (i); and(b) a category 3 oil tanker is an oil tanker of 5 000 tonnes deadweight and above but less than the following tonnes deadweight—(i) for an oil tanker which carries crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, 20 000 tonnes deadweight; or(ii) for an oil tanker which carries oil other than oil specified in sub-subparagraph (i), 30 000 tonnes deadweight. (L.N. 47 of 2016)(13) In this regulation—fuel oil (燃油) means heavy distillates or residues from crude oil, or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the quality set out in the specification adopted by IMO;heavy diesel oil (重柴油) means diesel oil other than those the distillates of which more than 50% by volume distils at a temperature not exceeding 340°C when tested by a method acceptable to IMO. (L.N. 47 of 2016)(14) In this regulation, a reference to an oil tanker delivered before 6 July 1996 has the meaning given by Regulation 1 of Annex I. (L.N. 47 of 2016)(L.N. 641 of 1994) 23C. Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo (1) This regulation applies to an oil tanker of 600 tonnes deadweight and above carrying heavy grade oil as cargo.(2) Despite paragraph (1), this regulation does not apply to an oil tanker that complies with—(a) regulation 23A(3)(a) and (b);(b) regulation 23A(3)(a) and (4); or(c) regulation 23A(5),except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances must not be less than those specified in the IBC Code for type 2 cargo tank location and the bottom protection must comply with regulation 19(4)(b).(3) An oil tanker must comply with paragraphs (4), (5), (7), (8) and (9) in addition to complying with the provisions of regulation 23B that are applicable to the tanker.(4) Subject to paragraphs (5), (7), (8) and (9), an oil tanker must—(a) if it is of 5 000 tonnes deadweight and above, comply with regulation 23A; or(b) if it is of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, be fitted with—(i) double bottom tanks or spaces complying with regulation 23A(7)(a); and(ii) wing tanks or spaces arranged in accordance with regulation 23A(3)(a), and complying with the requirement for distance w referred to in regulation 23A(7)(b).(5) If all the conditions in paragraph (6) are met in respect of an oil tanker of 5 000 tonnes deadweight and above, the Director may, even if the tanker does not comply with paragraphs (3) and (4), allow the operation of the tanker if it is fitted with—(a) only double bottoms or double sides that are not used for the carriage of oil and extending to the entire cargo tank length; or(b) double hull spaces that—(i) are not used for the carriage of oil and extending to the entire cargo tank length; and(ii) do not comply with the requirements of being exempted from paragraph (2).(6) The conditions are—(a) the tanker was in service since 4 December 2003; and(b) the operation does not go beyond 25 years after the date of the delivery of the tanker.(7) The Director may allow the operation of an oil tanker of 5 000 tonnes deadweight and above carrying crude oil having a density at 15°C higher than 900 kg/m3 but lower than 945 kg/m3 (being heavy grade oil) if—(a) in the opinion of the Director, results of the Condition Assessment Scheme as referred to in regulation 23B(11) warrant that the tanker is fit to continue the operation, having regard to its size, age, operational area and structural conditions; and(b) the operation does not go beyond 25 years after the date of the delivery of the tanker.(8) The Director may allow the operation of an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight if—(a) in the opinion of the Director, the tanker is fit to continue the operation, having regard to its size, age, operational area and structural conditions; and(b) the operation does not go beyond 25 years after the date of the delivery of the tanker.(9) The Director may exempt an oil tanker of 600 tonnes deadweight and above from this regulation if—(a) the tanker is engaged in voyages exclusively within Hong Kong waters; or(b) the tanker operates as a floating storage unit of heavy grade oil located within Hong Kong waters.(L.N. 47 of 2016) 23D. Pump-room bottom protection (1) This regulation applies to an oil tanker of 5 000 tonnes deadweight and above constructed on or after 1 January 2007.(2) Subject to paragraphs (3) and (4), the pump-room of an oil tanker must be provided with a double bottom such that at any cross-section the depth of each double bottom tank or space the distance h between the bottom of the pump-room and base line of the tanker is not less than that specified below— h = B (m); or 15 h = 2 m, whichever is the lesser. The minimum value of h = 1 m. (3) It is not necessary to fit a double bottom to a pump-room of the tanker if any flooding of the pump-room would not render its ballast or cargo pumping system inoperative.(4) If the bottom plate of a pump room is located above the base line by at least the minimum height required in paragraph (2), a double bottom construction for the pump-room is not necessary.(5) A ballast pump must be provided with suitable arrangements to ensure efficient suction from a double bottom tank.(L.N. 47 of 2016) 23E. Accidental oil outflow performance (1) This regulation applies to an oil tanker delivered on or after 1 January 2010.(2) An oil tanker must comply with the requirements set out in Regulation 23 of Annex I in the event of collision or stranding.(L.N. 47 of 2016) 23F. Intact stability (1) This regulation applies to an oil tanker of 5 000 tonnes deadweight and above delivered on or after 1 February 2002.(2) An oil tanker must comply with the intact stability criteria specified in Regulation 27.1 of Annex I for any operating draught under the worst possible conditions of cargo and ballast loading (including intermediate stages of liquid transfer operations) that is consistent with good operational practice.(3) The requirement under paragraph (2) must be complied with through design measures.(4) For a combination carrier, simple supplementary operational procedures for liquid transfer operations referred to in Regulation 27.3 of Annex I may be allowed by the Director or an Administration.(5) In this regulation, a reference to an oil tanker delivered on or after 1 February 2002 has the meaning given by Regulation 1 of Annex I.(L.N. 47 of 2016) 24. Segregation of oil and water ballast (1) Except as provided in paragraph (2) of this regulation, in ships of 4 000 GT and above delivered after 31 December 1979 (other than oil tankers), and in oil tankers of 150 GT and above, being ships delivered after 31 December 1979, no ballast water shall be carried in any oil fuel tank. (L.N. 47 of 2016)(2) Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary for ships referred to in paragraph (1) of this regulation to carry ballast water which is not clean ballast water in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with regulation 12 using the equipment specified in regulation 14(2), and an entry of any such discharge shall be made in the Oil Record Book.(3) Ships other than those to which paragraph (1) applies shall comply with the requirements of paragraph (1) so far as it is reasonable and practicable to do so. (L.N. 177 of 1991)(4) In a ship of 400 GT and above, for which the building contract was placed after 1 January 1982, or, in the absence of a building contract, the keel of which was laid or which reached a similar stage of construction after 1 July 1982, oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead. (L.N. 177 of 1991; L.N. 47 of 2016)(5) Ships other than those to which paragraph (4) applies shall comply with the requirements of paragraph (4) so far as it is reasonable and practicable to do so. (L.N. 177 of 1991) 25. (Repealed L.N. 127 of 2019) 26. Pumping, piping and discharge arrangements of oil tankers (1) In every oil tanker, a discharge manifold for connection to reception facilities for the discharge of dirty ballast water or oil contaminated water shall be located on the open deck on both sides of the ship.(2) In every oil tanker of 150 GT and above, pipelines for any discharge to the sea of ballast water or oil contaminated water from cargo tank areas which may be permitted under regulation 13 or 16 shall be led to the open deck or to the ship’s side above the waterline in the deepest ballast condition, or, subject to the approval of the Director, below the waterline— (L.N. 47 of 2016)(a) to enable such discharges below the waterline as are permitted by paragraph (6) of this regulation to be made; and(b) where the discharge outlet is located above the departure ballast waterline but not above the waterline in the deepest ballast condition, if so located before 1 January 1981.(3) In oil tankers of 150 GT and above delivered after 31 December 1979 (being ships delivered after 31 December 1979) means shall be provided for stopping the discharge into the sea of ballast water or oil contaminated water from cargo tank areas, other than those discharges below the waterline permitted under paragraph (6) of this regulation, from a position on the upper deck or above, located so that the manifold in use referred to in paragraph (1) of this regulation and the discharge to the sea from the pipelines referred to in paragraph (2) of this regulation may be visually observed: provided that the means for stopping the discharge may be situated elsewhere than at the observation position if an effective communication system, such as a telephone or radio system, is provided between the observation position and the discharge control position. (L.N. 47 of 2016)(4) Every oil tanker delivered after 1 June 1982 that is required to be provided with segregated ballast tanks or fitted with a crude oil washing system shall comply with the following requirements— (L.N. 47 of 2016)(a) it shall be equipped with oil piping so designed and installed such that oil retention in the lines is minimized;(b) means shall be provided to drain all cargo pumps and all oil lines at the completion of cargo discharge where necessary by connection to a stripping device, so designed that the line and pump drainings shall be capable of being discharged both ashore and to a cargo tank or a slop tank. For discharge ashore a special small diameter line shall be provided and connected outboard of the deck manifold valves, both port and starboard.(5) Every crude oil tanker delivered on or before 1 June 1982 that is required to be provided with segregated ballast tanks, or to be fitted with a crude oil washing system, shall comply with the provisions of paragraph (4)(b) of this regulation. (L.N. 47 of 2016)(6) Ballast water or oil contaminated water from the cargo tank areas of any oil tanker shall be discharged only above the waterline: Provided that— (a) segregated ballast and clean ballast may be discharged below the waterline—(i) in ports or at offshore terminals;(ii) at sea by gravity; or(iii) at sea by a pump if 95% of the ballast water is replaced, (L.N. 47 of 2016)provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place; (b) oil tankers delivered on or before 31 December 1979 (being ships delivered on or before 31 December 1979) which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline at sea, provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place; (c) oil tankers delivered on or before 1 June 1982 operating with dedicated clean ballast tanks which without modification are not capable of discharging ballast water from the dedicated clean ballast tanks above the waterline, may discharge this ballast below the waterline provided that the discharge of the ballast water is supervised with the aid of an oil content meter as provided for in regulation 20(3); (d) dirty ballast water or oil contaminated water from tanks in the cargo area of an oil tanker at sea, other than slop tanks, may be discharged by gravity below the waterline, provided that sufficient time has elapsed in order to allow oil / water separation to have taken place and the ballast water has been examined immediately before the discharge with an oil / water interface detector of the kind referred to in regulation 15(3)(e), in order to ensure that the height of the interface is such that the discharge does not involve any increased harm to the marine environment; (e) dirty ballast water or oil contaminated water from cargo tank areas of oil tankers delivered on or before 31 December 1979 (being ships delivered on or before 31 December 1979) at sea may be discharged below the waterline, subsequent to or in lieu of discharge by the method referred to in subparagraph (d) of this paragraph, provided that— (L.N. 47 of 2016; E.R. 1 of 2023)(i) a part of the flow of such water is led through permanent piping to a readily accessible location on the upper deck or above where it may be visually observed during the discharge operation; and(ii) such part flow arrangements comply with the requirements of the guideline adopted by IMO on the specifications for the design, installation and operation of a part flow system for control of overboard discharges. (L.N. 47 of 2016; E.R. 1 of 2023) (7) Every oil tanker of 150 GT and above delivered on or after 1 January 2010, which has installed a sea chest that is permanently connected to the cargo pipeline system, must be equipped with both a sea chest valve and an inboard isolation valve. (L.N. 47 of 2016)(8) In addition to the valves referred to in paragraph (7), the sea chest must be capable of being isolated from the cargo piping system whilst the tanker is loading, transporting or discharging cargo by use of a positive means. (L.N. 47 of 2016)(9) The positive means referred to in paragraph (8) is a facility that is installed in the pipeline system in order to prevent, under all circumstances, the section of pipeline between the sea chest valve and the inboard valve from being filled with cargo. (L.N. 47 of 2016) Part V Requirements for Minimizing Oil Pollution from Oil Tankers due to Side and Bottom Damage 27. Interpretation of Part V (1) For the purposes of this Part side and bottom damage (船側及船底損毀) and hypothetical outflow of oil (假設油類流出量) shall have the following meanings—(a) Side and bottom damage shall be assumed to be damage having the dimensions described below caused to the side or bottom of the ship. In the case of bottom damage the dimensions to be assumed are those which relate to the position of damage, as described below. (E.R. 1 of 2023) (i) Side damage Longitudinal extent (1c): 1 3 L 2 3 or 14.5 metres, whichever is less Transverse extent (tc): B or 11.5 metres, whichever is less 5 (inboard from the ship’s side at right angles to the centre-line at the level corresponding to the assigned summer freeboard) Vertical extent (vc): from the base line upwards without limit (ii) Bottom damage Position of Damage For 0.3 L from the forward perpendicular of the ship Any other part of the ship Longitudinal extent (1s): L L or 5 metres, 10 10 whichever is less Transverse extent (ts): B or 5 metres, 5 metres 6 whichever is less but not less than 5 metres Vertical extent from the base line (vs): B or 6 metres, 15 whichever is less The symbols in brackets in the first column of the above table shall have the meaning indicated in relation thereto, which shall apply for the purposes of this Part of these Regulations. (b) The hypothetical outflow of oil in the case of side damage (Oc) and bottom damage (Os) shall be calculated by the following formulae with respect to compartments breached by damage at all conceivable locations along the length of the ship to the extent as described in paragraph (1)(a) of this regulation.(i) for side damage: Oc = ΣWi + ΣKiCi (I) (ii) for bottom damage: Os = 1 3 (ΣZiWi + ΣZiCi) (II) where: Wi ＝ volume in cubic metres of a wing tank assumed to be breached by the damage as described in paragraph (1)(a) of this regulation. Wi for a segregated ballast tank may be taken as equal to zero. Ci ＝ volume in cubic metres of a centre tank assumed to be breached by the damage as described in paragraph (1)(a) of this regulation. Ci for a segregated ballast tank may be taken as equal to zero. Ki ＝ 1 − b i t c when bi is equal to or greater than Tc, Ki shall be taken as equal to zero. Zi ＝ 1 − h i v s when hi is equal to or greater than vs, Zi shall be taken as equal to zero. bi ＝ minimum width in metres of the wing tank under consideration, measured inboard from the ship’s side at right angles to the centreline at the level corresponding to the assigned summer freeboard. hi ＝ minimum depth in metres of the double bottom under consideration; where no double bottom is fitted hi shall be taken as equal to zero. The symbols set out in this subparagraph shall have the meanings assigned to them, which shall apply for the purposes of this Part of these Regulations.(1A) (Repealed L.N. 47 of 2016)(2) Where a void space or segregated ballast tank of a length less than 1c as defined in paragraph (1)(a)(i) of this regulation is located between wing oil tanks, Oc in formula (I) set out in paragraph (1)(b) of this regulation may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity), adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such a collision the value of the actual full volume of those tanks. S i = 1 − l i l c where 1i = length in metres of void space or segregated ballast tank under consideration.(3) (a) For the purpose of paragraph (1)(b) of this regulation account shall be taken of double bottom tanks which are either empty or carrying clean water only when cargo is carried in the tanks above.(b) Where the double bottom does not extend for the full length and width of the tank involved, the double bottom shall be considered non-existent and the volume of the tanks above the area of the bottom damage shall be included in formula (II) set out in paragraph (1)(b) of this regulation even if the tank is not considered breached because of the installation of such a partial double bottom.(c) Suction wells may be neglected in the determination of the value of hi provided such wells are not excessive in area and extend below the tank in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken to be equal to the double bottom height minus the well height.(d) Piping serving suction wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served so as to prevent oil outflow in the event of damage to the piping. Such piping shall be installed as high from the bottom shell as possible. These valves shall be kept closed at sea whenever the tank contains oil cargo, except that they may be opened only to transfer cargo for trimming the ship.(4) In the case where bottom damage simultaneously involves four centre tanks, the valve of Os may be calculated according to the formula. Os = 1 4 (ΣZiWi + ΣZiCi) (III) (5) (a) In the case of bottom damage, a reduced amount of oil outflow may be assumed where a cargo transfer system is installed which has an emergency high suction in each cargo tank capable of transferring from a breached tank or tanks to segregated ballast tanks or to cargo tanks, if such tanks have sufficient ullage, and if the cargo transfer system complies with the following requirements—(i) in two hours of operation it is capable of transferring oil equal to one half of the largest of the breached tanks involved;(ii) the ballast or cargo tanks are available and capable of receiving such quantity; and(iii) the pipes for such suction are installed at a height of not less than the vertical extent of the bottom damage vs.(b) Where those requirements are satisfied, the calculation of Os shall be in accordance with formula (III) set out in paragraph (4) of this regulation.(6) This regulation does not apply to oil tankers delivered on or after 1 January 2010. (L.N. 47 of 2016) 28. Limitation of size and arrangement of cargo tanks (1) Every oil tanker of 150 GT and above (being a ship delivered after 31 December 1979) must comply with this regulation. Every oil tanker of 150 GT and above (being a ship delivered on or before 31 December 1979) must comply with this regulation if— (L.N. 47 of 2016)(a) it was delivered to its first owner after 1 January 1977; or(b) it was delivered to its first owner on or before—(i) 1 January 1977; and(ii) the building contract for the tanker was placed after 1 January 1974, or in cases where there was no building contract the keel was laid or the tanker was at a similar stage of construction after 30 June 1974.(2) Cargo tanks of oil tankers shall be of such size and arrangements that the hypothetical outflow Oc or Os, calculated in accordance with the provisions of regulation 27(1)(b), anywhere in the length of the ship does not exceed 30 000 cubic metres or 400 DW 3 , whichever is the greater, but subject to a maximum of 40 000 cubic metres.(3) The volume of any one wing cargo oil tank of an oil tanker shall not exceed 75 per cent of the limits of the hypothetical outflow Oc or Os referred to in paragraph (2) of this regulation. The volume of any one centre cargo oil tank shall not exceed 50 000 cubic metres. However, in segregated ballast oil tankers as defined in regulation 18 of these Regulations the permitted volume of a wing cargo oil tank situated between two segregated ballast tanks, each exceeding 1c in length may be increased to the maximum limit of hypothetical oil outflow provided that the width of the wing tanks exceeds tc.(4) The length of each cargo tank shall not exceed 10 metres or one of the following values, whichever is the greater—(a) where no longitudinal bulkhead is provided inside the cargo tanks— (0.5 bi + 0.1) L B but not to exceed 0.2 L(b) where a centreline longitudinal bulkhead is provided inside the cargo tanks— (0.25 bi + 0.15) L B (c) where 2 or more longitudinal bulkheads are provided inside the cargo tanks—(i) for wing cargo tanks—0.2 L(ii) for centre cargo tanks— (1) if bi is equal to or greater than 1 — B 5 0.2 L (2) if bi is less than 1 — B 5 where no centreline longitudinal bulkhead is provided— (0.5 bi + 0.1) L B where a centreline longitudinal bulkhead is provided (0.25 bi + 0.15) L B where “bi” is the minimum distance from the ship’s side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard. (L.N. 641 of 1994)(5) In order not to exceed the volume limits established by paragraphs (2), (3) and (4) of this regulation and irrespective of the type of cargo transfer system installed, when such a system inter-connects two or more cargo tanks, valves or other similar closing devices shall be provided for separating the tanks from each other. These valves or devices shall be closed when the tanker is at sea.(6) Lines of piping which run through cargo tanks in a position less than tc from the ship’s side or less than vs from the ship’s bottom shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened for cargo transfer needed for the purpose of trimming of the ship. (L.N. 177 of 1991)(7) This regulation does not apply to an oil tanker delivered on or after 1 January 2010. (L.N. 47 of 2016) 29. Subdivision and stability (1) Every oil tanker of 150 GT and above (being a ship delivered after 31 December 1979) shall comply with the subdivision and damage stability criteria as specified in paragraph (3) of this regulation, after the assumed side or bottom damage as specified in paragraph (2) of this regulation, for any operating draught reflecting actual partial or full load conditions consistent with the trim and strength of the ship as well as the relative densities of the cargo. Such damage shall be assumed to have occurred at all conceivable locations along the length of the ship as follows— (L.N. 47 of 2016)(a) in tankers of more than 225 metres in length, anywhere in the ship’s length;(b) in tankers of more than 150 metres, but not exceeding 225 metres in length, anywhere in the ship’s length except locations involving either after or forward bulkheads bounding the machinery space located aft. This machinery space shall be treated as a single floodable compartment;(c) in tankers not exceeding 150 metres in length, anywhere in the ship’s length between adjacent transverse bulkheads with the exception of the machinery space. Any tanker of 100 metres or less in length which cannot fulfil all the requirements of paragraph (3) of this regulation without materially impairing the operational qualities of the ship shall comply with such lesser requirements as the Director may impose.Ballast conditions where the tanker is not carrying oil in cargo tanks excluding any oil residues, shall not be taken into account.(2) The following provisions regarding the extent and the character of the assumed damage shall apply— (a) Side damage (i) Longitudinal extent (1c): 1 3 L 2 3 or 14.5 metres, whichever is less (ii) Transverse extent: B or 11.5 metres, whichever is less 5 (inboard from the ship’s side at right angle to the centre-line at the level of the summer load line) (iii) Vertical extent: From the moulded line of the bottom shell plating at centre line, upwards without limit (E.R. 1 of 2023) (b) Bottom damage Position of Damage For 0.3 L from the forward of perpendicular of the ship Any other part of the ship (i) Longitudinal extent: 1 3 L 2 3 or 14.5 metres, whichever is less 1 3 L 2 3 or 5 metres, whichever is less (ii) Transverse extent: B or 10 metres, B or 5 metres, 6 6 whichever is less whichever is less (iii) Vertical extent: B or 6 metres, B or 6 metres, 15 15 whichever is less measured from the moulded line of the bottom shell plating at centre line whichever is less measured from the moulded line of the bottom shell plating at centre line (E.R. 1 of 2023) (c) If any damage of a lesser extent than the maximum extent of damage specified in subparagraphs (a) and (b) of this paragraph would result in a more severe condition in relation to the ship’s stability, such damage shall be assumed.(d) Where the damage envisaged in subparagraph (1)(a) or (b) of this regulation would involve transverse watertight bulkheads, such bulkheads shall not be considered effective unless they are spaced at a distance at least equal to the longitudinal extent of the assumed damage specified in subparagraphs (a) and (b) of this paragraph. Where such bulkheads are spaced at a lesser distance, one or more of these bulkheads within such extent of damage shall be assumed to be non-existent for the purpose of determining which compartments are flooded.(e) Where the damage envisaged in subparagraph (1)(c) of this regulation occurs between adjacent transverse watertight bulkheads no main transverse bulkhead or transverse bulkhead bounding side tanks or double bottom tanks shall be assumed damaged unless—(i) the spacing between the adjacent bulkheads is less than the longitudinal extent of the assumed damage specified in subparagraphs (a) and (b) of this paragraph; or(ii) there is a step or recess in the transverse bulkhead of more than 3.05 metres in length, located within the extent of penetration of the assumed damage. The step formed by the after peak bulkhead and after peak tank top shall not be regarded as a step for the purpose of this regulation.(f) If pipes, ducts or tunnels are situated within the assumed extent of damage, arrangements shall be made so that progressive flooding cannot thereby extend to compartments other than those assumed to be floodable for each case of damage.(3) Oil tankers shall be regarded as complying with the damage stability criteria if the following requirements are met—(a) The final waterline, taking into account sinkage, heel and trim, must be below the lower edge of any opening through which progressive flooding may take place. Such an opening must include an air pipe and an opening that is closed by means of a weathertight door or weathertight hatch cover, but may exclude an opening that is closed by means of—(i) a watertight manhole cover or watertight flush scuttle;(ii) a small watertight cargo tank hatch cover that maintains the high integrity of the deck;(iii) a remotely operated sliding watertight door;(iv) a hinged watertight access door of the quick-acting or single-action type that is normally closed at sea, with indications locally and at the navigation bridge showing whether the door is open or closed;(v) a hinged watertight door that is permanently closed at sea; or(vi) a sidescuttle of the non-opening type. (L.N. 106 of 2023)(b) In the final stages of flooding, the angle of heel due to unsymmetrical flooding shall not exceed 25 degrees, provided that this angle may be increased up to 30 degrees if no deck edge immersion occurs as a result of such increase.(c) The stability in the final stage of flooding shall be investigated and may be regarded as sufficient if the righting lever curve has a range of at least 20 degrees beyond the condition of equilibrium in association with a maximum residual righting lever of at least 0.1 metre within the 20 degree range; the area under the curve within this range shall not be less than 0.0175 metre radian. Unprotected openings shall not be immersed within this range unless the space concerned is assumed to be flooded. Within this range, the immersion of any of the openings listed in subparagraph (a) of this paragraph and other openings capable of being closed weathertight may be permitted.(d) Equalization arrangements requiring mechanical aids such as valves or cross-levelling pipes, if fitted, shall not be taken into account for the purpose of reducing an angle of heel or attaining the minimum range of residual stability to meet the requirements of subparagraphs (a), (b) and (c) of this paragraph and sufficient residual stability shall be maintained during all stages where equalization is used. Spaces which are linked by ducts of large cross-sectional area may be considered to be as one.(e) The Director, before approving the stability for the ship, shall be satisfied that the stability is sufficient during intermediate stages of flooding. (L.N. 47 of 2016)(4) The requirements of paragraph (1) of this regulation shall be deemed not to have been complied with unless compliance is confirmed by calculations which take into consideration the design characteristics of the ship, the arrangements, configuration and contents of the damaged compartments; and the distribution, relative densities and free surface effect of liquids. The calculations shall be based on the following— (L.N. 47 of 2016)(a) Account shall be taken of any empty or partially filled tank, the relative density of the cargo carried, and any outflow of liquids from damaged compartments. (L.N. 47 of 2016)(b) The permeabilities assumed for spaces flooded as a result of damage shall be as follows— Spaces Permeability Appropriate to stores 0.60 Occupied as crew accommodation 0.95 Occupied by machinery 0.85 Voids 0.95 Intended for consumable liquids 0 to 0.95* Intended for other liquids 0 to 0.95* * The permeability of partially filled compartments shall be consistent with the amount of liquid carried in the compartment. Whenever damage penetrates a tank containing liquid, it shall be assumed that the contents are completely lost from that compartment and replaced by salt water up to the level of the final plane of equilibrium. (c) The buoyancy of any superstructure directly above the side damage shall not be taken into account. The unflooded parts of superstructure beyond the extent of damage may be taken into account provided that they are separated from the damaged space by watertight bulkheads and that the requirements of subparagraph (3)(a) of this regulation in respect of these intact spaces are complied with. Hinged watertight doors may be fitted in watertight bulkheads in the superstructure.(d) The free surface effect shall be calculated at an angle of heel of 5 degrees for each individual compartment. The Director may require, or allow, the free surface corrections to be calculated at any angle of heel greater than 5 degrees for partially filled tanks.(e) In calculating the effect of free surfaces of consumable liquids it shall be assumed that, for each type of liquid at least one transverse pair of tanks or a centreline tank has a free surface and the tank, or combination of tanks, to be taken into account shall be those where the effect of the free surface is the greatest.(5) The master of every oil tanker and the person in charge of a non-self-propelled oil tanker, to which this regulation applies, shall be supplied by the owner with— (L.N. 177 of 1991; L.N. 47 of 2016)(a) information relative to loading and distribution of cargo necessary to ensure compliance with the provision of this regulation; and(b) data on the ability of the ship to comply with the damage stability criteria prescribed by this regulation, including the effect of any lesser requirements that may have been imposed under subparagraph (1)(c) of this regulation.Such information and data shall be supplied in a form approved by the Director.(6) Subject to paragraphs (7), (9), (10) and (11), an oil tanker must be fitted with a stability instrument that is capable of verifying compliance with intact and damage stability requirements approved by the Director or an Administration, having regard to the performance standards recommended by IMO. (L.N. 47 of 2016)(7) A Hong Kong oil tanker must carry a document of approval issued under paragraph (8) for the instrument. (L.N. 47 of 2016)(8) The Director may approve a stability instrument of the oil tanker referred to in paragraph (7) by issuing a document of approval for the instrument. (L.N. 47 of 2016)(9) An oil tanker constructed before 1 January 2016 must comply with paragraph (6) not later than the first renewal survey of the tanker that is carried out after the commencement date# of the Amendment Regulation 2016. (L.N. 47 of 2016)(10) Despite paragraph (6), a stability instrument fitted on an oil tanker constructed before 1 January 2016 need not be replaced if it is capable of verifying compliance with the intact and damage stability requirements approved by the Director. (L.N. 47 of 2016)(11) The Director may waive the requirements under paragraphs (6) and (7) for any of the following Hong Kong oil tankers if it is loaded in accordance with the conditions approved by the Director after taking into account the guidelines adopted by IMO—(a) an oil tanker which is on a dedicated service, with a limited number of permutations of loading such that all anticipated conditions have been approved in the stability information provided to the master of the tanker in accordance with paragraph (5);(b) an oil tanker where stability verification is made remotely by a means approved by the Director;(c) an oil tanker which is loaded within an approved range of loading conditions;(d) an oil tanker constructed before 1 January 2016 which is provided with approved limiting KG/GM curves covering all applicable intact and damage stability requirements. (L.N. 47 of 2016) Editorial Note: # Commencement date: 1 October 2016. Part VI Offshore Installations 30. Requirements for offshore installations (1) Offshore installations, when engaged in the exploration, exploitation and associated offshore processing of sea bed mineral resources, shall comply with the requirements of these Regulations applicable to ships of 400 GT and above other than oil tankers, notwithstanding that the installations are not proceeding on a voyage, except that— (L.N. 47 of 2016)(a) they shall be equipped as far as practicable with the installations required by regulations 12B(2) and 14; (L.N. 127 of 2019)(b) they shall keep a record of all operations involving oil or oily mixture discharges, in a form approved by the Director or an Administration. (L.N. 47 of 2016)(2) Subject to regulation 11, any offshore installation when so engaged shall not discharge into any part of the sea any oil or oily mixtures except when the oil content of the discharge without dilution does not exceed 15 ppm. (L.N. 641 of 1994)(3) For the purpose of this regulation—(a) offshore installation (離岸設置) means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources;(b) oil or oily mixtures (油類或油性混合物) means discharge associated with platform drainage and does not include production or displacement water discharge. Part VII Reporting of Discharges 31. Reports to be made in the event of a discharge or likely discharge (1) This regulation applies to—(a) all ships within 200 miles of Hong Kong;(b) all Hong Kong ships within 200 miles of the nearest land;(c) all Hong Kong oil tankers when fully or partly laden; and(d) all Hong Kong ships of 10 000 GT and above. (L.N. 47 of 2016)(2) The master of a ship to which this regulation applies shall make reports in accordance with paragraphs (4) and (6) of this regulation whenever an incident involves any discharge or probable discharge of oil or oily mixtures as a result of damage to the ship or its equipment or for the purpose of securing the safety of the ship or saving life at sea. In assessing the probability of a discharge, the master shall take into account—(a) the nature of the damage, failure or breakdown of the ship, machinery or equipment;(b) sea and wind state and traffic density in the area at the time and place of the incident.(3) The master may make a report in cases of—(a) any damage, failure or breakdown which affects the safety of ships, such as collision, grounding, fire, explosion, structural failure, flooding or cargo shifting; and(b) any failure or breakdown of machinery or equipment which results in the impairment of the safety of navigation, such as failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids.(4) (a) The master of a ship proceeding to enter the waters of Hong Kong shall make any report required by this regulation without delay, either directly through the owner or his agent, or through the coast radio station to the Director, not less than 12 hours prior to the expected arrival of the ship.(b) The master of a Hong Kong ship more than 200 miles from Hong Kong shall make any report so required without delay to the nearest coastal State or to the coastal State which he considers to be most at risk from the actual or potential effects of the incident.(5) The master’s initial report shall contain the following particulars—(a) name of ship, call sign, frequency or radio channel kept open;(b) date and time of incident;(c) position and extent of any pollution, including, if possible estimated amount and surface area of spill;(d) present position of ship (if different from (c));(e) if discharge is continuing, approximate rate of release;(f) wind direction and speed, and condition of current or tide affecting spill movement;(g) weather conditions and sea state in ship’s present position;(h) type of oil discharged;(i) types and quantities of oils still on board and whether or not carried as cargo;(j) type of ship, size, nationality and port of registry;(k) ship’s course, speed and destination, if proceeding on its way;(l) brief description of the incident, including damage sustained and the cause of any discharge;(m) ability to transfer cargo or ballast or bunkers;(n) any remedial action taken or intended to deal with any actual or potential pollution or to control the movement of the ship;(o) forecast of likely movement and effect of pollution with estimated timing; and(p) assistance which has been requested from or which has been provided by other ships or agencies.(6) Following the initial report the master shall make a further report to the authority referred to in paragraph (4), containing the following particulars—(a) position of ship at time of incident, if different from that at the time of the initial report;(b) estimate of the quantities, concentrations and likely conditions of oils—(i) discharged; and(ii) likely to be discharged,from the ship;(c) ship’s course, speed and destination at time of incident, if different from that at the time of the initial report;(d) all relevant information regarding the condition of the ship; and(e) telegraphic address of the ship’s operator, charterer and nearest local agent. Part VIII Shipboard Oil Pollution Emergency Plan (Part VIII added L.N. 641 of 1994) 32. Approved emergency plan to be carried on board (1) The owner of—(a) every Hong Kong oil tanker of 150 GT and above and every other Hong Kong ship of 400 GT and above;(b) every oil tanker of 150 GT and above within the waters of Hong Kong and every other ship of 400 GT and above within the waters of Hong Kong (other than an oil tanker or other ship mentioned in subparagraph (a)),shall carry on board a Shipboard Oil Pollution Emergency Plan (in this Part referred to as the plan) which has been approved by the Director or, in the case of a vessel mentioned in subparagraph (b), by the Administration of the flag state of the vessel or an agent of that Administration authorized for the purpose. (L.N. 47 of 2016)(2) (Repealed L.N. 47 of 2016)(3) A computerized, shore-based damage stability and residual structural strength calculation program must be made promptly accessible to an oil tanker of 5 000 tonnes deadweight and above. (L.N. 47 of 2016)(4) For a ship to which Regulation 17 of Annex II also applies, the plan may be combined with the shipboard marine pollution emergency plan for noxious liquid substances required under that Regulation, and the plan must be entitled “Shipboard marine pollution emergency plan”. (L.N. 47 of 2016)(5) In this regulation—Annex II (《附則II》) means Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, as from time to time revised or amended by any revision or amendment that applies to Hong Kong. (L.N. 47 of 2016) 33. Preparation of emergency plan to be in accordance with guidelines The plan shall be prepared in accordance with such guidelines as may be issued by IMO relating to the development of shipboard oil pollution emergency plans.(L.N. 47 of 2016) 34. Requirement as to emergency plan The plan shall consist at least of—(a) the procedure to be followed by the master and other persons having charge of the ship in reporting an oil pollution incident as required by the Merchant Shipping (Reporting of Pollution Incidents) Regulations (Cap. 413 sub. leg. C) and consistent with the guidelines adopted by IMO for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants; (L.N. 47 of 2016)(b) the list of authorities or persons to be contacted in the event of an oil pollution incident;(c) a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil following the incident; and(d) the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution. Part IX (L.N. 641 of 1994)Powers to Inspect, Deny Entry, Detention and Penalties 35. Power to inspect Certificate, etc. (L.N. 47 of 2016; L.N.

154 of 2022)(1) A ship to which these Regulations apply shall be subject, in the waters of Hong Kong, to inspection by a Government surveyor. Any such inspection shall be limited to verifying that there is on board a valid specified Certificate or International Oil Pollution Prevention Exemption Certificate, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate. In that case, or if the ship does not carry a valid specified Certificate or International Oil Pollution Prevention Exemption Certificate, the Government surveyor shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. The Director may in such a case permit the ship to leave the waters of Hong Kong for the purposes of proceeding to the nearest appropriate repair yard. (L.N. 106 of 2002; L.N. 130 of 2007; L.N. 154 of 2022)(2) Upon receiving evidence that a particular ship has discharged oil or an oily mixture contrary to the provisions of these Regulations the Director shall cause the matter to be investigated and shall inform the State which has reported the contravention, as well as IMO, of the action taken.(3) The Director may also cause a ship other than a Hong Kong ship to be inspected when she enters the waters of Hong Kong if a request for an investigation is received from any State which is a Party to the Convention together with sufficient evidence that the ship has discharged oil or an oily mixture in any place. The report of such investigation shall be sent to the State requesting it, the State in which the ship is registered and to the Director.(4) For the purposes of this regulation a Government surveyor shall have the powers of an inspector set out in sections 115 and 116 of the Merchant Shipping (Safety) Ordinance (Cap. 369). (37 of 1990 s. 12)(L.N. 641 of 1994; L.N. 47 of 2016) 35A. General power of Government surveyors to inspect, examine etc. ships (1) Despite regulation 35, any of the powers conferred by this regulation may be exercised for the purpose of ascertaining whether these Regulations have been or are being complied with.(2) A Government surveyor may, at any reasonable time—(a) board a ship that is within the waters of Hong Kong; and(b) take with the surveyor any other person and any equipment or materials required to assist the surveyor.(3) After boarding the ship, the surveyor may—(a) inspect the ship;(b) make any examination and investigation as the surveyor considers necessary;(c) take samples of any article or substance found on the ship that the surveyor 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 surveyor suspects on reasonable grounds that an offence under these Regulations 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 these Regulations;(f) take any measurements and photographs and make any recordings that the surveyor may reasonably require for the inspection, examination or investigation;(g) 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;(h) require any person who the surveyor 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 surveyor;(ii) to answer the questions that the surveyor 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 these Regulations; and(ii) any other certificates, books or documents that the surveyor considers necessary for the inspection, examination or investigation; and(j) require any person to afford the surveyor such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the surveyor considers necessary to enable the surveyor to exercise any power conferred by this regulation.(4) If an inspection of a ship under paragraph (3) reveals a deficiency, the Director may give a direction to the master of the ship requiring the master to cause the ship not to proceed to sea until the deficiency is rectified.(5) A master to whom a direction is given under paragraph (4) must—(a) comply with the direction;(b) take steps to rectify the deficiency; and(c) inform the Director once the deficiency is rectified.(6) 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, require the surrender of the specified Certificate issued in respect of the ship to the Director.(7) On receiving a notice under paragraph (6), the owner and the master of the ship must deliver the Certificate concerned to the Director immediately.(8) 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 concerned.(9) On receiving an application under paragraph (8), if the Director is satisfied that the deficiency in respect of the ship has been rectified, the Director must, by written notice to the applicant, return the Certificate concerned to the applicant.(L.N. 47 of 2016) 36. Power to deny entry or detain (1) If the Director has reason to believe that a ship does not comply with the requirements of these Regulations and is satisfied that the ship represents an unreasonable threat of harm to the marine environment, the Director may deny the entry of such ship to the waters of Hong Kong. (L.N. 106 of 2002; L.N. 130 of 2007)(2) The Director may, if he has reason to believe that a contravention of these Regulations has occurred in respect of a ship, detain the ship and, in the circumstances prescribed in regulation 9(1), shall detain the ship. (37 of 1990 s. 12)(3) If the Director denies the entry of a non-Hong Kong ship under paragraph (1) or detains it under paragraph (2), the Director must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.(L.N. 641 of 1994; L.N. 47 of 2016) 36A. Form of Certificate (L.N. 154 of 2022)(1) The Director may specify the form of a specified Certificate. (L.N. 154 of 2022)(2) The Director may specify the form of an IOPPE Certificate, which must correspond to the Form of Certificate set out in Appendix IV to Annex I. (L.N. 154 of 2022)(L.N. 47 of 2016) 37. Offences and penalties (L.N. 154 of 2022)(1) If any requirement of these Regulations (other than regulation 10A, 12, 13 or 16) is not complied with in respect of a ship, the owner and the master of the ship each commits an offence and is liable— (L.N. 47 of 2016; L.N. 154 of 2022)(a) on conviction upon indictment, to a fine at level 6;(b) on summary conviction, to a fine at level 3. (E.R. 1 of 2023)(1A) If regulation 10A(2) is not complied with in respect of a UNSP barge, the owner and the operator of the barge each commits an offence and is liable—(a) on conviction on indictment—to a fine at level 6; or(b) on summary conviction—to a fine at level 3. (L.N. 154 of 2022)(1B) If regulation 10A(3) is not complied with in respect of a towing or pushing vessel, the owner and the master of the vessel each commits an offence and is liable—(a) on conviction on indictment—to a fine at level 6; or(b) on summary conviction—to a fine at level 3. (L.N. 154 of 2022)(2) If any requirement of regulation 12, 13 or 16 is not complied with in respect of a ship, the owner and the master of the ship each commits an offence and is liable— (L.N. 47 of 2016)(a) on conviction upon indictment, to a fine of $5,000,000;(b) on summary conviction, to a fine of $500,000.(3) It shall be a defence for a person charged under this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(4) Where an offence under this regulation is committed, or would, save for the operation of paragraph (3), have been committed, by the owner, the master or the operator 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. 177 of 1991; L.N. 47 of 2016; L.N. 154 of 2022)(37 of 1990 s. 12; L.N. 641 of 1994) 38. Saving of Certificates and pending applications (1) An IOPP Certificate issued under these Regulations and in force immediately before the commencement date* of the Amendment Regulation 2016 is taken as an International Oil Pollution Prevention Certificate issued in accordance with these Regulations as amended by the Amendment Regulation 2016.(2) A HKOPP Certificate issued under these Regulations and in force immediately before the commencement date of the Amendment Regulation 2016 is taken as a Hong Kong Oil Pollution Prevention Certificate issued in accordance with these Regulations as amended by the Amendment Regulation 2016.(3) If an application for an IOPP Certificate or a HKOPP Certificate has been made before the commencement date of the Amendment Regulation 2016 for which a decision is pending, the application is to be regarded as an application made under these Regulations as amended by the Amendment Regulation 2016.(L.N. 47 of 2016) Editorial Note: * Commencement date: 1 October 2016. Schedule 1 (Repealed L.N. 47 of 2016) Schedule 2 (Repealed L.N. 47 of 2016) Schedule 3 (Repealed L.N. 47 of 2016) Schedule 4 (Repealed L.N. 47 of 2016) Schedule 5 (Repealed L.N. 47 of 2016) Schedule 6 (Repealed L.N. 47 of 2016) Schedule 7 (Repealed L.N. 47 of 2016) Schedule 8 (Repealed L.N. 47 of 2016)