### Merchant Shipping (Registration) (Ships’ Names) Regulations 《商船(註冊)(船舶名稱)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Registration) (Ships’ Names) Regulations.

2. Approval of ships’ names
(1) The proposed name of a ship shall not be marked on the ship or entered in the register before the name is approved by the Registrar.
(2) The Registrar shall approve the proposed name of a ship except where the ship cannot be registered by that name by virtue of subregulation (3).
(3) The Registrar shall refuse to register a ship by its proposed name if the name—
(a) is already the name of a registered ship or is reserved under regulation 4, or is in the opinion of the Registrar so similar as to be likely to deceive; or
(b) is in the opinion of the Registrar undesirable for the purposes of registration in Hong Kong.
(4) Where the Registrar does not approve the proposed name of a ship, he shall in writing notify the applicant of that fact forthwith.
(5) In this regulation—
“applicant” (申請人) means an applicant for registration of a ship;
“proposed name” (擬用名稱), in relation to a ship, means the name proposed by the applicant in the application for registration as the name by which the ship is to be registered;
“registration” (註冊) includes provisional registration.

3. No registration in Chinese name alone
The Registrar shall not register a ship by its name in Chinese alone unless the phonetically corresponding name in the English alphabet is also registered.
(64 of 1999 s. 3)

4. Reservation of ships’ names
(1) An application to reserve a name for a ship which is intended to be registered in Hong Kong shall be made in the specified form by a qualified person who is the owner of the ship, or by a person authorized by such owner for the purpose.
(2) Regulation 2 shall apply to an application under subregulation (1) as if the name to be reserved were the proposed name of the ship and the applicant were the applicant for registration of the ship.
(3) Where the Registrar approves the name for a ship pursuant to subregulation (2), the name shall be reserved to the owner for a period of 3 years from the date of such approval and the Registrar shall notify the applicant accordingly.

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

1. Short title
(Amended E.R. 1 of 2022)(1) This Ordinance may be cited as the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2022)

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

3. Certificate as to parties to Conventions
A certificate signed by the Chief Executive and certifying that a State specified in the certificate— (Amended 64 of 1999 s. 3)
(a) is a party to the Liability Convention in respect of a country specified in the certificate; or
(b) is a party to the Fund Convention in respect of a country specified in the certificate,
shall be conclusive evidence of the matters contained therein and shall in any legal proceedings under this Ordinance to which it relates be admissible on its production and without further proof.

4. Calculation of tonnage
For the purposes of this Ordinance, the tonnage of a ship shall be ascertained as follows—
(a) where the register tonnage of the ship has been or can be ascertained in accordance with the Merchant Shipping (Tonnage) Regulations (App. I, AB1), the ship’s tonnage shall be the register tonnage of the ship as so ascertained but without making any deduction required by those regulations of any tonnage allowance for propelling machinery space;
(b) where the ship is of a class or description with respect to which no provision is for the time being made by the Merchant Shipping (Tonnage) Regulations, the tonnage of the ship shall be taken to be 40% of the weight (expressed in tons of 2 240 lbs) of oil which the ship is capable of carrying;
(c) where the tonnage of the ship cannot be ascertained in accordance with either paragraph (a) or (b), the Director shall, if so directed by the court in any proceedings, certify what, on the evidence specified in the direction, would in his opinion be the tonnage of the ship as ascertained in accordance with paragraph (a) or (b), as the case may be, if the ship could be duly measured for the purpose; and the tonnage stated in his certificate shall be taken to be the tonnage of the ship.

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

5. Interpretation of Part II
(1) In this Part—
Liability Convention country (公約地區) means a country in respect of which the Liability Convention is in force; (Amended E.R. 1 of 2022)
Liability Convention State (公約國) means a State which is a party to the Liability Convention.
(2) In relation to any pollution damage resulting from the discharge or escape of any oil carried in a ship, or in relation to a relevant threat of contamination, references in this Part to the owner of the ship are references to the owner at the time of the occurrence resulting in the discharge or escape or (as the case may be) in the relevant threat of contamination, if there is more than one such occurrence, at the time of the first of such occurrences. (Amended 46 of 1997 s. 3)
(3) (Repealed 55 of 1993 s. 30)

### Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance 《商船(油類污染的法律責任及補償)條例》

6. Liability for oil pollution
(1) Where, as a result of any incident any oil is discharged or escapes from a ship, the owner of the ship shall be liable, except as otherwise provided by this Ordinance, for any pollution damage caused in Hong Kong.
(1A) Where as a result of any incident a relevant threat of contamination occurs, the owner of the ship that caused such threat shall be liable, except as otherwise provided by this Ordinance, for—
(a) the cost of any reasonable measures taken for the purpose of preventing such contamination or minimizing any damage in Hong Kong arising from a discharge or escape of oil from the ship; and
(b) any damage caused outside the ship in Hong Kong by any measures so taken. (Added 46 of 1997 s. 4)
(2) Where—
(a) a liability arises under subsection (1) or (1A) (as the case may be); and
(b) the discharge or escape by reason of which the liability arose also results in pollution damage in the area of a Liability Convention country other than Hong Kong,
the owner of the ship concerned shall also be liable under subsection (1) or (1A) (as the case may be) for that damage as if the damage had occurred in Hong Kong.
(3) Where oil is discharged or escapes from 2 or more ships and—
(a) a liability is incurred under this section by the owner of each of them; but
(b) the pollution damage for which each of the owners would, apart from this subsection, be liable cannot reasonably be separated from that for which the other or others would be liable,
each of the owners shall be liable, jointly with the other or others, for the whole of that damage for which the owners together would be liable under this section.
(3A) Subject to subsection (3B), this section applies to any ship constructed or adapted for carrying oil in bulk as cargo. (Added 46 of 1997 s. 4)
(3B) Where a ship referred to in subsection (3A) is capable of carrying other cargoes besides oil, this section shall apply to such a ship—
(a) while it is carrying oil in bulk as cargo; and
(b) subject to the owner proving that no residues from the carriage of any such oil remain in the ship, while it is on any voyage following the carriage of any such oil. (Added 46 of 1997 s. 4)
(4) Section 21 of the Law Amendment and Reform (Consolidation) Ordinance (Cap. 23) shall apply in relation to any pollution damage for which a person is liable under this section, but which is not due to his fault, as if it were due to his fault.
(Amended 46 of 1997 s. 4)