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

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(4) (Repealed L.N. 47 of 2016)(4A) The owner or the master of the ship may, after the corrective action has been taken in respect of the ship, apply to the Director for the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(6) (Repealed L.N. 47 of 2016)

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

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)

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)

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

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)

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

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)