### Merchant Shipping (IBC Code) Regulations 《商船(國際散化規則)規例》

5. Issue of International Certificate of Fitness

(Adaptation amendments retroactively made-see 64 of 1999 s. 3)
(1) Upon satisfactory completion by a Government surveyor of an initial or renewal survey under regulation 4 of these regulations and under regulation 23 of the Control of Pollution by Noxious Liquid Substances Regulations the Director shall issue to a ship which complies with the relevant requirements of the IBC Code and of Annex II to the Convention an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. (L.N. 94 of 2018)
(2) The Certificate is valid for the period specified by the Director in the Certificate. (L.N. 94 of 2018)
(3) The period specified by the Director must not exceed 5 years from the date of issue stated in the Certificate. (L.N. 94 of 2018)
(4) In the case of a ship which has transferred from registry in another Convention country to registry in Hong Kong the Director may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied, notwithstanding that the surveys referred to in regulation 4 were not carried out by a Government surveyor, that— (L.N. 94 of 2018)
(a) the ship has, in conformity with Chapter 1 of the IBC Code, already been subjected to an initial or renewal survey and to any intermediate, annual or additional surveys required; and
(b) the ship was issued by or on behalf of the Convention country concerned with an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk which would, but for the change of registry, have remained valid; and
(c) the condition of the ship and its equipment has been maintained in conformity with the provisions of the IBC Code; and
(d) since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the Convention country concerned or of the Director, except by direct replacement,
issue to that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. (L.N. 94 of 2018)
(5) The Certificate issued under paragraph (4) must not expire after the expiry date of the Certificate mentioned in subparagraph (b) of that paragraph. (L.N. 94 of 2018)
(6)-(8) (Repealed L.N. 94 of 2018)

### Merchant Shipping (IBC Code) Regulations 《商船(國際散化規則)規例》

5A. Keeping and inspection of International Certificate of Fitness
An International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must be kept on board the ship and must be readily available for inspection at all reasonable times.
(L.N. 94 of 2018)

5B. Duration of International Certificate of Fitness issued after renewal survey
A new International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of a ship as a result of a renewal survey under regulation 4 is valid for such period as may be specified by the Director in the Certificate in accordance with paragraph 1.5.6 of Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

5C. Duration of International Certificate of Fitness after early completion of surveys
(1) This regulation applies if—
(a) an intermediate survey of a ship is completed before the period within which the survey is required to be completed under regulation 4(1)(c); or
(b) an annual survey of a ship is completed before the period within which the survey is required to be completed under regulation 4(1)(d).
(2) After a survey in respect of a ship is completed as described in paragraph (1), the existing International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship must be endorsed to show a date described on the endorsement as the “new anniversary date”, which must be a date that is within 3 months from the date of completion of the survey (new anniversary date

5D. Extension of validity period of International Certificate of Fitness in certain circumstances
The Director may extend the validity period of an existing International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of a ship in accordance with paragraph 1.5.6 of Chapter 1 of the IBC Code if—
(a) the Certificate is valid for a period of less than 5 years;
(b) a new International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk cannot be issued or placed on board the ship before the expiry of the Certificate;
(c) the ship is not in the port in which it is to be surveyed when the Certificate expires; or
(d) the ship is engaged in short voyages.
(L.N. 94 of 2018)

### Merchant Shipping (IBC Code) Regulations 《商船(國際散化規則)規例》

5E. International Certificate of Fitness ceases to be valid
(1) An International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of a Hong Kong ship ceases to be valid if—
(a) after a survey, without the sanction of the Director, a material change has been made to the structure, equipment, fittings, arrangements or materials covered by the survey, other than the direct replacement of them;
(b) a survey referred to in regulation 4(1)(b), (c) or (d) is not carried out within the period specified for the survey in that regulation;
(c) an additional survey referred to in regulation 4(1)(e) is not carried out within such reasonable time as the Government surveyor or recognized organization may specify;
(d) the Certificate is not endorsed under regulation 4(1)(c) or under Chapter 1 of the IBC Code, after an intermediate survey of the ship is carried out;
(e) the Certificate is not endorsed under regulation 4(1)(d) or under Chapter 1 of the IBC Code, after an annual survey of the ship is carried out; or
(f) the ship is transferred to the registry of a place outside Hong Kong.
(2) In any of the cases specified in paragraph (1)(b), (c), (d) or (e), the owner of the ship must deliver the Certificate to the Director on demand.
(L.N. 94 of 2018)

5F. International Certificates of Fitness issued under regulation 5 regarded as International Certificates of Fitness in Chapter 1 of IBC Code
For the purposes of regulations 5B, 5C and 5D, a certificate issued under regulation 5 is to be regarded as an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk referred to in paragraph 1.5 of Chapter 1 of the IBC Code.
(L.N. 94 of 2018)