### Merchant Shipping (Prevention and Control of Pollution) Ordinance 《商船(防止及控制污染)條例》

4E. Validity of listed certificates may be extended electronically
(1) This section applies to a listed certificate the validity of which may be extended by a certifying authority under a provision of this Ordinance.
(2) The validity of a listed certificate may be extended by a certifying authority in electronic form.
(3) The validity of a listed certificate is considered as extended in electronic form only if the extension is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause an extension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

4F. Validity of listed certificates may be suspended electronically
(1) This section applies to a listed certificate the validity of which may be suspended by a certifying authority under a provision of this Ordinance.
(2) The validity of a listed certificate may be suspended by a certifying authority in electronic form.
(3) The validity of a listed certificate is considered as suspended in electronic form only if the suspension is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If the validity of a listed certificate is suspended in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on the suspension of its validity is regarded as having been met and physical delivery of the certificate is no longer required.
(5) A certifying authority must cause a suspension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

4G. Validity of listed certificates may be restored electronically
(1) This section applies to a listed certificate the validity of which may be restored by a certifying authority under a provision of this Ordinance.
(2) The validity of a listed certificate may be restored by a certifying authority in electronic form.
(3) The validity of a listed certificate is considered as restored in electronic form only if the restoration is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If the validity of a listed certificate is restored in electronic form, the requirement under any provision of this Ordinance for returning the certificate on the restoration of its validity is regarded as having been met and physical return of the certificate is no longer required.
(5) A certifying authority must cause a restoration made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

### Merchant Shipping (Prevention and Control of Pollution) Ordinance 《商船(防止及控制污染)條例》

4H. Listed certificates may be cancelled or withdrawn electronically
(1) This section applies to a listed certificate that may be cancelled or withdrawn by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be cancelled or withdrawn by a certifying authority in electronic form.
(3) A listed certificate is considered as cancelled or withdrawn in electronic form only if the cancellation or withdrawal is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) If a listed certificate is cancelled or withdrawn in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on its cancellation or withdrawal is regarded as having been met and physical delivery of the certificate is no longer required.
(5) A certifying authority must cause a cancellation or withdrawal made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.

4I. Making and keeping of entries and records in listed log-books electronically
If an entry or record is required to be made or kept in a listed log-book under a provision of this Ordinance, the requirement is also met by making or keeping the entry or record in the log-book in electronic form—
(a) in an electronic device on board the ship to which the log-book relates; and
(b) in accordance with the applicable requirements set out in the e-log guidelines.

4J. Power of Secretary to amend Schedule
(1) The Secretary may, by notice published in the Gazette, amend the Schedule.
(2) A notice published under subsection (1) may contain any incidental, supplementary, consequential, savings or transitional provisions that are necessary or expedient in consequence of the amendments made under that subsection.

### Merchant Shipping (Prevention and Control of Pollution) Ordinance 《商船(防止及控制污染)條例》

5. Application of Part III
(1) Subject to subsections (2) and (3), this Part shall apply in relation to all ships whether within or outside the waters of Hong Kong.
(2) As respects a ship which—
(a) is not a Hong Kong ship; and
(b) is for the time being outside the waters of Hong Kong,
the power conferred on the Director by section 6(2) to give directions may only be exercised in relation to— (Amended 16 of 1999 s. 5)
(i) an individual who is a permanent resident of the Hong Kong Special Administrative Region; or (Amended 28 of 1998 s. 2)
(ii) a body corporate which is established under the laws of Hong Kong,
and section 8(2) shall apply to such an individual or body corporate only.
(3) No direction under section 6(2) applies to—
(a) any ship which is used by the Chinese People’s Liberation Army; or
(b) any ship which belongs to the Central People’s Government or the Government of the Hong Kong Special Administrative Region,
and no action may be taken under section 6(4) or (5) as respects any such ship. (Replaced 2 of 2012 s. 3)

### Merchant Shipping (Prevention and Control of Pollution) Ordinance 《商船(防止及控制污染)條例》

7. Directions; right to recover in respect of unreasonable loss or damage
(1) If any action taken under a direction under section 6(2), or under section 6(4) or (5)—
(a) was not reasonably necessary to prevent or reduce pollution or, as may be appropriate, the risk of pollution; or
(b) was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered, as a result of the action,
a person incurring expense or suffering damage as a result of the action, or of himself having taken the action, shall be entitled to claim and recover compensation from the Government.
(2) In determining whether subsection (1) applies in a particular case, account shall be taken of—
(a) the extent and risk of pollution if the action had not been taken;
(b) the likelihood of the action being effective; and
(c) the extent of the damage which has been caused by the action.
(3) Any reference in this section to the taking of any action includes a reference to a compliance with a direction not to take some specified action.

8. Offences in relation to section 6
(1) A person to whom a direction is given under section 6(2) who fails to comply with any requirement of the direction, commits an offence.
(2) A person who wilfully obstructs any person who is—
(a) acting on behalf of the Director in connection with the giving or service of a direction under section 6(2); (Amended 16 of 1999 s. 6)
(b) acting in compliance with such a direction; or
(c) acting under subsection (4) or (5) of that section,
commits an offence.
(3) In proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that—
(a) he used all due diligence to secure compliance with the direction; or
(b) he had reasonable cause for believing that such compliance would have involved a serious risk to human life.
(4) A person who commits an offence under this section is liable—
(a) on conviction upon indictment, to a fine of $5,000,000;
(b) on summary conviction, to a fine of $500,000.