### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

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)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

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)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

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.

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

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)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

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)