### Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 《商船(控制散裝有毒液體物質污染)規例》

27B. Obstruction and non-compliance with requirements
(1) A person must not—
(a) wilfully obstruct a Government surveyor in the exercise of any power conferred by regulation 27A; or
(b) make a statement or sign a declaration that the person knows is false, or recklessly make a statement or sign a declaration that is false, in purported compliance with a requirement under regulation 27A(3)(h).
(2) A person must comply with a requirement imposed on the person under regulation 27A(3).
(L.N. 92 of 2018)

28. Prohibition on uncertificated carriage
(1) No ship shall load in bulk or carry in bulk any Category X, Y or Z substance unless— (L.N. 92 of 2018)
(a) (i) there is in force in respect of that ship a valid specified Certificate or BCH Code Certificate or IBC Code Certificate, covering the substance in question; and
(ii) the loading and carriage is in accordance with the terms of that Certificate. (L.N. 92 of 2018)
(iii) (Repealed L.N. 92 of 2018)(b) (Repealed L.N. 92 of 2018)(2) (Repealed L.N. 92 of 2018)(3) No ship shall carry in bulk any liquid substance that is not listed in the Pollution Category column of the table in Chapter 17 or 18 of the IBC Code unless— (L.N. 92 of 2018)
(a) the following condition is met—
(i) the Director has, under regulation 28A, provisionally assessed the substance and given written permission for its carriage in bulk; or
(ii) an Administration has, with the concurrence of the Director, provisionally assessed the substance in accordance with Regulation 6.3 of Annex II and given written permission for its carriage in bulk; and (L.N. 92 of 2018)
(b) any conditions subject to which that permission was given are complied with.
(4) In paragraph (1)—
Category X, Y or Z substance (X、Y或Z類物質) means a substance that is indicated in the Pollution Category column of the table in Chapter 17 or 18 of the IBC Code as falling into Category X, Y or Z. (L.N. 92 of 2018)

### Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 《商船(控制散裝有毒液體物質污染)規例》

28A. Provisional assessment
(1) This regulation applies to a liquid substance that is not listed in the Pollution Category column of the table in Chapter 17 or 18 of the IBC Code.
(2) The Director may, in accordance with Regulation 6 of Annex II—
(a) provisionally assess a substance; and
(b) give written permission for a ship to carry the substance in bulk.
(L.N. 92 of 2018)

28B. Loading or carrying noxious liquid substance in polar waters
(1) This regulation applies to a Hong Kong ship that—
(a) is constructed on or after 1 January 2017;
(b) is a Category A ship, or Category B ship, as defined by section 2 of the Introduction of the Polar Code; and
(c) is a type 3 ship as defined by paragraph 2.1.2.3 of Chapter 2 of the IBC Code.
(2) A ship operating in polar waters must not load in bulk or carry in bulk any noxious liquid substance mentioned in paragraph 2.1.3 of Chapter 2 of Part II-A of the Polar Code unless—
(a) there is in force in respect of the ship an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, or IBC Code Certificate, covering the substance; and
(b) the loading and carriage is in accordance with the terms of that Certificate.
(L.N. 46 of 2019)

29. Penalties
(1) If in respect of any ship, there is a contravention of any of the requirements of these regulations, the owner and master of the ship each commits an offence and is liable—
(a) on conviction upon indictment, to a fine of $100,000; (37 of 1990 s. 12)
(b) on summary conviction to a fine of $10,000. (37 of 1990 s. 12)
(2) It shall be a defence for a person charged under this regulation to show that he took all reasonable steps to ensure that the regulations were complied with.
(3) If an offence under this regulation is committed or would, but for the operation of paragraph (2), have been committed by the owner or master of a ship due to the act or omission of some other person, that other person also commits the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the owner or master. (L.N. 92 of 2018)

### Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 《商船(控制散裝有毒液體物質污染)規例》

30. Detention
(1) 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. (37 of 1990 s. 12)
(2) Where a ship other than a Hong Kong ship is detained under paragraph (1), the Director shall 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.

31. Saving of Certificates and pending applications
(1) An INLS Certificate issued under these regulations and in force immediately before the commencement date of the Amendment Regulation 2018 is taken as an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in accordance with these regulations as amended by the Amendment Regulation 2018.
(2) A HKNLS Certificate issued under these regulations and in force immediately before the commencement date of the Amendment Regulation 2018 is taken as a Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in accordance with these regulations as amended by the Amendment Regulation 2018.
(3) If an application for an INLS Certificate has been made before the commencement date of the Amendment Regulation 2018 for which a decision is pending, the application is to be regarded as an application for an INLS Certificate made under these regulations as amended by the Amendment Regulation 2018.
(4) If an application for a HKNLS Certificate has been made before the commencement date of the Amendment Regulation 2018 for which a decision is pending, the application is to be regarded as an application for a HKNLS Certificate made under these regulations as amended by the Amendment Regulation 2018.
(5) In this regulation—
Amendment Regulation 2018 (《2018年修訂規例》) means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulation 2018 (L.N. 92 of 2018). (E.R. 5 of 2018)
(L.N. 92 of 2018)

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

2A. Power of Director in respect of appointments and delegations
(1) The Director may, in writing, appoint persons to be Government surveyors for the purposes of these regulations. (L.N. 93 of 2018)
(2) The Director may, in writing, delegate to any public officer or class of public officers any of his powers, functions or duties under these regulations and may at any time revoke any such delegation.
(3) No delegation under paragraph (2) shall preclude the Director from exercising or performing at any time any power, function or duty so delegated.