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

3. Application
These regulations apply to—
(a) Hong Kong ships; and
(b) other ships while they are within the waters of Hong Kong.

4. Duty to report
(1) The master of a ship involved in an incident at sea involving—
(a) an actual or probable discharge of oil, or of any noxious liquid substance carried in bulk resulting or likely to result from damage to the ship or its equipment, or made or likely to be made for the purpose of securing the safety of a ship or saving life at sea;
(b) an actual or probable discharge of a marine pollutant in packaged form from the ship; or
(c) an actual discharge during the operation of the ship of oil or any noxious liquid substance in excess of the quantity or instantaneous rate permitted under the relevant provision of Part 3 of the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg. A) or Part II of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B),
shall report the particulars of such an incident without delay and to the fullest extent possible in accordance with the requirements of regulation 5.
(2) In the event of a report from such a ship being incomplete or unobtainable, the owner shall, to the fullest extent practicable, make or complete the report required by paragraph (1).

5. Contents of reports
The report or the initial report if there is more than one shall in every case include—
(a) the identity of ship or ships involved;
(b) the time, type and location of the incident;
(c) the quantity and type of substance involved;
(d) the assistance or salvage measures requested or being undertaken.

6. Supplementary reports
Any person required under regulation 4(1) or (2) to make a report shall, if possible—
(a) make such a supplementary report or reports as may be appropriate in the circumstances—
(i) supplementing the information contained in the initial report as necessary; and
(ii) providing information concerning further developments; and
(b) comply as fully as possible with any request for additional information made by or on behalf of the government of a state whose interests may be affected by the incident.

7. Reporting procedures
Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal state.

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

8. Penalties
(1) Any person who contravenes regulation 4 or 6 commits an offence and is liable—
(a) on conviction upon indictment, to a fine of $100,000;
(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 precautions and exercised due diligence to avoid the commission of the offence.

### Merchant Shipping (IBC Code) Regulations 《商船(國際散化規則)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. 94 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.

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

2AB. Director may recognize organizations to survey ships and issue International Certificates of Fitness etc.
The Director may recognize an organization for—
(a) carrying out surveys of Hong Kong ships;
(b) issuing International Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of Hong Kong ships;
(c) making endorsements on the International Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
(d) with the prior written consent of the Director, granting extensions of the validity periods of the International Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
(e) altering any particulars contained in the International Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization;
(f) issuing certified true copies of the International Certificates of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the organization; and
(g) specifying any corrective actions which the organization considers necessary to be taken in respect of Hong Kong ships.
(L.N. 94 of 2018)

2AC. Director may request Convention countries to survey Hong Kong ships and issue or endorse International Certificates of Fitness
The Director may request any Convention country—
(a) to carry out a survey of a Hong Kong ship on behalf of the Director in conformity with Chapter 1 of the IBC Code; and
(b) to do the following—
(i) issue an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of the ship in conformity with Chapter 1 of the IBC Code; or
(ii) endorse on an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in conformity with Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

2AD. Director may at request of Convention countries survey non-Hong Kong ships and issue or endorse International Certificates of Fitness
The Director may, at the request of any Convention country—
(a) cause a non-Hong Kong ship that is within the waters of Hong Kong to be surveyed under regulation 4 as if the ship were a Hong Kong ship; and
(b) do the following—
(i) issue an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in respect of the ship under regulation 5 as if the ship were a Hong Kong ship; or
(ii) endorse on an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in conformity with Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

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

2B. Fees
Fees shall be payable in respect of surveys and other service provided by the Director or a Government surveyor under these regulations and shall be determined as prescribed by the Merchant Shipping (Prevention and Control of Pollution) (Fees) Regulation (Cap. 413 sub. leg. L) and, as respects the time involved, by reference to the hourly rate calculated in accordance with the Regulation.
(L.N. 94 of 2018)

3. Compliance with Code
Every ship to which these regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapters 2‒17 inclusive, 19 and 20 of the IBC Code.
(L.N. 185 of 1995)

3A. Application of amendment to IBC Code
Where any amendment to the IBC Code involves changes to the structure or equipment and fittings of ships due to the upgrading of the requirements for the carriage of certain substances, the Director may by notice published in the Gazette modify or delay for a specified period the application of such amendment to ships constructed before the date of entry into force of the amendment, if he considers that the immediate application of the amendment is unreasonable or impracticable.
(L.N. 185 of 1995)