### Merchant Shipping (BCH Code) Regulations 《商船(散化規則)規例》

2AB. Director may recognize organizations to survey ships and issue Certificates of Fitness etc.
The Director may recognize an organization for—
(a) carrying out surveys of Hong Kong ships;
(b) issuing Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of Hong Kong ships;
(c) making endorsements on the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
(d) with the prior written consent of the Director, granting extensions of the validity periods of the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
(e) altering any particulars contained in the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
(f) issuing certified true copies of the Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk 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. 93 of 2018)

2AC. Director may request Convention countries to survey Hong Kong ships and issue or endorse Certificates of Fitness
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 Chapter I of the BCH Code; and
(b) to do the following—
(i) issue a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of the ship in conformity with Chapter I of the BCH Code; or
(ii) endorse on a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in conformity with Chapter I of the BCH Code.
(L.N. 93 of 2018)

2AD. Director may at request of Convention countries survey non-Hong Kong ships and issue or endorse Certificates of Fitness
The Director may, at the request of any Convention country—
(a) cause a non-Hong Kong ship that is within the waters of Hong Kong to be surveyed under regulation 4 as if the ship were a Hong Kong ship; and
(b) do the following—
(i) issue a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of the ship under regulation 5 as if the ship were a Hong Kong ship; or
(ii) endorse on a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in conformity with Chapter I of the BCH Code.
(L.N. 93 of 2018)

### Merchant Shipping (BCH Code) Regulations 《商船(散化規則)規例》

2B. Fees
Fees shall be payable in respect of surveys and other services provided by the Director or a Government surveyor under these regulations and shall be determined as prescribed by the Merchant Shipping (Prevention and Control of Pollution) (Fees) Regulation (Cap. 413 sub. leg. L) and, as respects the time involved, by reference to the hourly rate calculated in accordance with the Regulation.
(L.N. 93 of 2018)

3. Compliance with Code
Chemical tankers to which these regulations apply shall comply with the requirements of the BCH Code as follows—
(1) (a) every internationally-trading chemical tanker for which the building contract was placed on or after 2 November 1973; and
(b) every Hong Kong-trading chemical tanker which was constructed on or after 1 July 1983,
shall be constructed, fitted, equipped, arranged and operated in accordance with the requirements relevant to it of Chapters II-VI inclusive and VIII of the BCH Code; (L.N. 184 of 1995)
(2) (a) every internationally-trading chemical tanker for which the building contract was placed before 2 November 1973; and
(b) every Hong Kong-trading chemical tanker of 1 600 gross tonnage or over which was constructed before 1 July 1983,
shall be constructed, equipped and operated in accordance with the requirements relevant to it of the BCH Code except to the extent provided in sub-paragraphs 1.7.3(a)-(f) thereof.
(3) Every Hong Kong-trading chemical tanker of less than 1 600 gross tonnage which was constructed before 1 July 1983 shall be operated in accordance with the requirements of Chapter V of the BCH Code.
(L.N. 93 of 2018)

3A. Application of amendments to BCH Code
Where any amendment to the BCH Code involves changes to the structure or equipment and fittings of ships due to the upgrading of the requirements for the carriage of certain substances, the Director may by notice published in the Gazette modify or delay for a specified period the application of such amendment to ships constructed before the date of entry into force of the amendment, if he considers that the immediate application of the amendment is unreasonable or impracticable.
(L.N. 184 of 1995)

### Merchant Shipping (BCH Code) Regulations 《商船(散化規則)規例》

5. Issue of Certificate of Fitness
(1) Upon satisfactory completion by a Government surveyor of an initial or renewal survey under regulation 4 of these regulations and under regulation 23 of the Control of Pollution by Noxious Liquid Substances Regulations the Director shall issue to a ship which complies with the relevant requirements of the BCH Code and of Annex II to the Convention a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. (L.N. 93 of 2018)
(2) The Certificate is valid for the period specified by the Director in the Certificate. (L.N. 93 of 2018)
(3) The period specified by the Director must not exceed 5 years from the date of issue stated in the Certificate. (L.N. 93 of 2018)
(4) In the case of a ship which has transferred from registry in another Convention country to registry in Hong Kong the Director may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied, notwithstanding that the surveys referred to in regulation 4 were not carried out by a Government surveyor, that— (L.N. 93 of 2018)
(a) the ship has, in conformity with Chapter I of the BCH Code, already been subjected to an initial or renewal survey and to any intermediate, annual or additional surveys required; and
(b) the ship was issued by or on behalf of the Convention country concerned with a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk which would, but for the change of registry, have remained valid; and
(c) the condition of the ship and its equipment has been maintained in conformity with the provisions of the BCH Code; and
(d) since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the Convention country concerned or of the Director, except by direct replacement,
issue to that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. (L.N. 93 of 2018)
(5) The Certificate issued under paragraph (4) must not expire after the expiry date of the Certificate mentioned in subparagraph (b) of that paragraph. (L.N. 93 of 2018)
(6)-(8) (Repealed L.N. 93 of 2018)

5A. Keeping and inspection of Certificate of Fitness
A Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must be kept on board the ship and must be readily available for inspection at all reasonable times.
(L.N. 93 of 2018)