### Merchant Shipping (Safety) (Grain) Regulations 《商船(安全)(穀物)規例》

4. Carriage of grain
(1) Where grain in bulk is loaded on board any Hong Kong ship, or is loaded within the waters of Hong Kong on board any other ship, it shall be loaded—
(a) in the case of a new ship, in accordance with the loading arrangements prescribed in the Grain Code contained in the Schedule hereto or with arrangements permitted by the Director under regulation 9 as equivalent thereto; or (L.N. 319 of 1995)
(b) in the case of an existing ship, in accordance with the loading arrangements prescribed in—
(i) the Grain Code contained in the Schedule hereto; or (L.N. 319 of 1995)
(ii) regulation 12 of Chapter VI of the 1960 Safety Convention; or
(iii) IMO Resolution A.184 (VI); or
(iv) IMO Resolution A.264 (VIII)(the “IMO Grain Rules”); or
(v) in accordance with arrangements permitted by the Director under regulation 9 as equivalent thereto.
(2) Where there is a contravention of subregulation (1)(a) or (b) and such loading arrangements are not complied with the owner, master and charterer of the ship commit an offence and each is liable to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.
(3) Where there is a contravention of subregulation (1)(a) or (b) any ship, having been loaded with grain in bulk outside Hong Kong without complying with the loading arrangements required by subregulation (1), enters the waters of Hong Kong so laden, the owner and master of the ship commit of offence and each is liable to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.
(4) Where there is a contravention of regulation 5 or 7 which requires that a loader shall not load grain in bulk into a ship in Hong Kong unless and until there has been produced to him the document of authorization described in regulation 5 or a copy thereof, or a document signed by the Director or by a surveyor stating that the master of the ship has satisfied him in accordance with regulation 7 that the ship is capable of complying with the relevant requirements of these regulations, the loader commits an offence and is liable to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.

### Merchant Shipping (Safety) (Grain) Regulations 《商船(安全)(穀物)規例》

5. Document of authorization
(1) Every ship to which these regulations apply shall either have on board a valid document of authorization or shall comply with regulation 7.
(2) Every document of authorization shall be produced on demand to a surveyor.
(3) (a) In the case of a new ship, the document of authorization shall—
(i) state that the ship is capable of complying with the Grain Code; (L.N. 319 of 1995)
(ii) contain the particulars of any exemption granted by the Director under regulation 8 or, where the ship is not a Hong Kong ship, by the Administration of the State whose flag the ship is flying; and
(iii) incorporate the grain loading information required by A6 of the Grain Code including particulars of any equivalent accepted by the Director under regulation 9. (L.N. 319 of 1995)
(b) In the case of an existing ship, the document of authorization shall—
(i) state that the ship is capable of complying with the requirements of—
(A) the Grain Code; or (L.N. 319 of 1995)
(B) regulation 12 of Chapter VI of the 1960 Safety Convention; or
(C) IMO Resolution A.184(VI); or
(D) IMO Resolution A.264(VIII)(the “IMO Grain Rules”);
(ii) contain the particulars of any exemption granted by the Director under regulation 8 or, where the ship is not a Hong Kong ship, by the Administration of the State whose flag the ship is flying; and
(iii) incorporate the grain loading information (including any equivalent) appropriate to the Grain Code, Regulation or Resolution, as the case may be, with which it states that the ship complies. (L.N. 319 of 1995)
(4) The document of authorization shall—
(a) in the case of a ship, be issued by a Certifying Authority and be in the English language; (L.N. 319 of 1995)
(b) in the case of any other ship, be issued by the Administration of the State whose flag the ship is flying or by a person authorized by that Administration, and be in the English or French language.
(5) Where there is a contravention of subregulation (1), the owner, master and charterer commit an offence, and each is liable to a fine not exceeding $20,000 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.

### Merchant Shipping (Safety) (Grain) Regulations 《商船(安全)(穀物)規例》

6. Demonstration of compliance
(1) The master of any ship may, before loading grain in bulk for a proposed voyage, be required to demonstrate to the satisfaction of a surveyor the ability of the ship in the proposed loading condition to comply throughout the intended voyage with the stability criteria specified in paragraph 2 or 3 of the Schedule or in the document of authorization or as required by regulation 7 as appropriate. (L.N. 319 of 1995)
(2) Where the master of the ship produces a document of authorization complying with regulation 5(3) such demonstration shall be done by using the grain loading information incorporated in that document of authorization.

7. Ships without documents
(1) (a) Where the master of a ship cannot produce the document of authorization referred to in regulation 5 the ship shall not load grain in bulk in the waters of Hong Kong until the master demonstrates to the satisfaction of the Director or a surveyor that the ship in the proposed loading condition will be capable of complying with all the requirements of these regulations applicable to that ship throughout the intended voyage and has obtained a document signed by the Director or a surveyor to this effect. The demonstration shall be done by using grain loading information based upon stability information provided, in the case of a Hong Kong ship, in accordance with the Merchant Shipping (Safety) (Load Line) Regulations (Cap. 369 sub. leg. AD) and in the case of any other ship upon the stability requirements of the Administration of the State whose flag the ship is flying. The accuracy of the grain loading information shall be proved to the satisfaction of the Director or the surveyor.
(b) Where a ship which has been loaded with grain in bulk outside Hong Kong is not in possession of a document of authorization referred to in regulation 5, that ship shall, when within the waters of Hong Kong and also elsewhere in the case of a Hong Kong ship, have on board a statement of the Administration of the State of the port of loading that it is satisfied that the ship is capable of complying with the relevant requirements of the Grain Code applicable to that ship throughout the intended voyage. (L.N. 319 of 1995)
(2) All information and any statement referred to in subregulation (1)(b) shall in the case of a ship other than a Hong Kong ship be in the English or French language.