### 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》

32. Amendments, Savings and Repeals
(1) The Oil Pollution (Compulsory Insurance) Regulations (App. I, p. AV1*) as amended in the provisions set out in column 1 of Part I of Schedule 2 to the extent and in the manner set out in column 2 of that Part—
(a) shall, notwithstanding the repeals specified in subsection (3), continue in force; and
(b) shall be deemed for all purposes to have been made by the Chief Executive in Council under sections 15 and 16. (Amended 64 of 1999 s. 3)
(2)-(3) (Omitted as spent—E.R. 1 of 2022)(4) Notwithstanding the repeals effected by subsection (3), any certificate or notice—
(a) issued in Hong Kong;
(b) corresponding to a certificate or notice for which provision is made by section 10(3), 16(1) or 24(1); and
(c) in force immediately before the commencement# of this Ordinance,
shall continue in force and have effect as if it were a certificate or notice issued under section 10(3), 16(1) or 24(1), as the case may be. (Amended E.R. 1 of 2022)

Editorial Note:
* See Cap. 414 sub. leg. A
# Commencement date: 15 January 1991.

### Merchant Shipping (Liability and Compensation for Oil Pollution) (Compulsory Insurance) Regulations 《商船(油類污染的法律責任及補償)(強制保險)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Liability and Compensation for Oil Pollution) (Compulsory Insurance) Regulations.
(38 of 1990 s. 32(1))

5. Fees for certificates
The fee to be paid on application for a certificate to be issued under section 16 of the Ordinance shall be $535.
(L.N. 151 of 1985; 38 of 1990 s. 32(1); L.N. 248 of 1992; L.N. 334 of 1993; L.N. 336 of 1994; L.N. 273 of 1995)

6. Cancellation and delivery up of certificates
(1) Where at any time while a certificate under section 16 of the Ordinance is in force the person to whom the certificate has been issued ceases to be the owner of the ship to which the certificate relates, he shall forthwith deliver up the certificate to the Director and in such a case the certificate shall be cancelled.
(2) Where at any time while a certificate under section 16 of the Ordinance is in force it is established in any legal proceedings that the contract of insurance or other security in respect of which the certificate was issued is or may be treated as invalid, the certificate may be cancelled by the Director and if so cancelled shall on demand forthwith be delivered up to him by the person to whom it was issued.
(3) Where at any time while a certificate under section 16 of the Ordinance is in force circumstances arise in relation to the insurer or guarantor named in the certificate (or, where more than one is so named, to any of them) such that, if the certificate were applied for at that time, the Director would be entitled to refuse the application under subsection (2) of that section, the certificate may be cancelled by the Director and if so cancelled shall on demand forthwith be delivered up to him by the person to whom it was issued.
(38 of 1990 s. 32(1))

### Merchant Shipping (Reporting of Pollution Incidents) Regulations 《商船(報告污染事故)規例》

1. Citation
These regulations may be cited as the Merchant Shipping (Reporting of Pollution Incidents) Regulations.

### Merchant Shipping (Reporting of Pollution Incidents) Regulations 《商船(報告污染事故)規例》

2. Interpretation
(Adaptation amendments retroactively made - see 64 of 1999 s. 3)
In these regulations, unless the context otherwise requires—
“discharge” (排放) means any release, howsoever caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; but does not include—
(a) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed in London on 13 November 1972(a); or
(b) any release directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or
(c) any release for the purposes of legitimate scientific research into pollution abatement or control;

“the IMDG Code” (《國際海運危險貨物守則》) means the 1977 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organization, as amended from time to time by any document which is considered by the Director to be relevant from time to time and is specified in a Merchant Shipping Notice; (64 of 1999 s. 3)
“in packaged form” (有包裝的) means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;
“marine pollutant” (海洋污染物) means a substance which is identified as a marine pollutant in the IMDG Code;
“Merchant Shipping Notice” (商船公告) means a notice described as such and issued by the Director; any reference to a particular Merchant Shipping Notice includes a reference to that Notice as amended or replaced from time to time by a subsequent Notice; (64 of 1999 s. 3)
“noxious liquid substance” (有毒液體物質) has the same meaning as in regulation 1(2) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B);
“oil” (油類) means petroleum in any form including crude oil, fuel oil, sludge and oil refuse and any refined petroleum products, other than petro chemicals which are noxious liquid substances;
“sea” (海) includes any estuary or arm of the sea;
“ship” (船、船舶) means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, hovercraft, submersibles, floating craft and also fixed or floating platforms except when they are actually engaged in exploration or exploitation of the sea-bed or associated off-shore processing of sea-bed mineral resources.
(37 of 1990 s. 12)Editorial Note:
(a) Cmnd. 5169.