### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

14. Duty of masters of ships to keep insurance certificates or specified certificates on ships
(1) The master of a ship, other than a ship registered in Hong Kong, must ensure that an insurance certificate or a specified certificate (as the case requires) that is in force in respect of the ship is kept at all times on the ship when the ship is within the waters of Hong Kong.
(2) The master of a ship registered in Hong Kong must ensure that an insurance certificate or a specified certificate (as the case requires) that is in force in respect of the ship is kept at all times on the ship, whether or not the ship is within the waters of Hong Kong.
(3) The master of a ship within the waters of Hong Kong must produce for inspection, on request by an enforcement officer in the performance of their functions under this Ordinance, the insurance certificate or the specified certificate referred to in subsection (1).
(4) If a ship registered in Hong Kong is within the waters of any other Bunker Oil Convention place, the master of the ship must produce for inspection, on request by a person duly authorized for that purpose by the government of that other place, the insurance certificate or the specified certificate referred to in subsection (2).
(5) A person who contravenes subsection (1), (2), (3) or (4) commits an offence and is liable on conviction to a fine at level 3.
(6) This section does not apply in relation to a ship if—
(a) there is in force in respect of the ship an insurance certificate or a specified certificate;
(b) the Secretary-General of the International Maritime Organization has been notified under paragraph 13 of Article 7 of the Bunker Oil Convention of the maintenance of a record in electronic form that attests to the existence of the certificate; and
(c) the record is accessible to the Director.

15. Application for insurance certificates etc.
(1) The shipowner of a ship registered in Hong Kong or of any other ship, other than a ship registered in any other Bunker Oil Convention place, may apply to the Director or an authorized person for an insurance certificate for the ship.
(2) The application must—
(a) be made in writing;
(b) be in a form specified by the Director; and
(c) be accompanied by—
(i) a contract of insurance or other security relating to the ship; and
(ii) any document or information that the Director or the authorized person may reasonably require for the purpose of considering the application.

### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

16. Power of Director or authorized persons to issue insurance certificates etc.
(1) If, on an application made under section 15 and on payment of the application fee, the Director or the authorized person is satisfied that the condition in subsection (2) is fulfilled, the Director or the authorized person may issue an insurance certificate for the ship.
(2) The condition is that there will be in force in respect of the ship, throughout the period for which the insurance certificate is to be issued, a contract of insurance or other security satisfying the requirements in paragraphs 1 and 6 of Article 7 of the Bunker Oil Convention.
(3) The Director or the authorized person may refuse to issue an insurance certificate for a ship if the Director or the authorized person is of the opinion that there is doubt as to—
(a) whether the person providing the insurance or other security will be able to meet the person’s obligations under the insurance or other security; or
(b) whether the insurance or other security will satisfy the requirements in paragraphs 1 and 6 of Article 7 of the Bunker Oil Convention.
(4) An insurance certificate issued under subsection (1) may be subject to any condition that the Director or the authorized person may impose.
(5) The Director must keep a copy of each certificate issued by the Director or an authorized person under this section and make it available for public inspection.

### Bunker Oil Pollution (Liability and Compensation) Ordinance 《燃油污染(法律責任及補償)條例》

17. Cancellation and delivery up of insurance certificates issued by Director or authorized persons
(1) If, at any time while a certificate issued under section 16 is in force in respect of a ship, a person ceases to be the registered owner of the ship, the certificate is to be treated as cancelled once the person ceases to be the registered owner.
(2) If, at any time while a certificate issued under section 16 is in force in respect of a ship, it is established in any legal proceedings that the contract of insurance or other security to which the certificate relates is invalid or may be treated as invalid, the issuing authority may cancel the certificate.
(3) If, at any time after a certificate is issued under section 16 in respect of a ship, any circumstances arise in relation to an insurer or guarantor named in the certificate such that the issuing authority is of the opinion that there is doubt as to—
(a) whether the person providing the insurance or other security will be able to meet the person’s obligations under the insurance or other security; or
(b) whether the insurance or other security will cover the liability of the shipowner of the ship under this Ordinance in all circumstances,
the issuing authority may cancel the certificate.
(4) If a certificate issued under section 16 is cancelled under this section, the person to whom the certificate is issued must as soon as reasonably practicable deliver up the certificate to the issuing authority.
(5) A person who, without reasonable excuse, contravenes subsection (4) commits an offence and is liable on conviction to a fine at level 2.
(6) In this section, issuing authority (發證當局), in relation to a certificate issued under section 16, means—
(a) if the certificate is issued by the Director, the Director; and
(b) if the certificate is issued by an authorized person, the authorized person.
(7) This section does not operate so as to affect section 46 of the Interpretation and General Clauses Ordinance (Cap. 1).

17A. Interpretation of Part 3A
In this Part—
e-cert database (電子證書資料庫), in relation to an issuing authority, means an electronic database that is maintained or managed by or for the issuing authority in accordance with the e-cert guidelines;
e-cert guidelines (電子證書指引) means the documents listed in the Schedule, as from time to time revised or amended by revisions or amendments to those documents;
issuing authority (發證當局) means—(a) the Director; or
(b) an authorized person;

Secretary (局長) means the Secretary for Transport and Logistics.

17B. Application
This Part and the Schedule apply to a ship registered in Hong Kong.