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

9. Service of directions under section 6
(1) If the Director is satisfied that a company or other body corporate is not one to which section 803 or 827 of the Companies Ordinance (Cap. 622) applies so as to authorize the service of a direction on that body under either of those sections, he may give a direction under section 6(2)— (Amended 28 of 2012 ss. 912 & 920)
(a) to that body, as the owner of, or the person in possession or control of, a ship, by serving the direction on the master of the ship; or
(b) to that body, as a salvor, by serving the direction on the person in charge of the salvage operations.
(2) For the purpose of giving or serving a direction under section 6(2) to or on any person on a ship, a person acting on behalf of the Director shall have the right to go on board the ship.
(Amended 16 of 1999 s. 7)

10. Enforcement of fines
Where a fine imposed in proceedings against the owner or master of a ship for an offence under this Part is not paid at the time ordered by the court or magistrate, the court or magistrate, as the case may be, shall, in addition to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress and sale of the ship and its equipment.

11. Saving of rights of action, etc.
Subject to section 83 of the Interpretation and General Clauses Ordinance (Cap. 1), nothing in this Part shall affect any restriction imposed by or under any other Ordinance or shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Ordinance.

12. (Omitted as spent—E.R. 3 of 2023)

### Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 《商船(控制散裝有毒液體物質污染)規例》

2. Application
(1) These regulations apply to ships engaged in the carriage of noxious liquid substances in bulk. (L.N. 92 of 2018)
(2) These regulations apply to Hong Kong ships wherever they may be and to other ships while they are in the waters of Hong Kong.
(3) However, in the case of a ship registered in a country that is not a Convention country, these regulations do not apply by reason of its being within the waters of Hong Kong if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, master or charterer (if any). (L.N. 92 of 2018)
(4) These regulations do not apply to—
(a) a warship;
(b) a naval auxiliary; or
(c) any other ship owned or operated by a government and used only on government non-commercial service. (L.N. 92 of 2018)
(L.N. 186 of 1995)

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. 92 of 2018)
(2) (Repealed L.N. 92 of 2018)(3) 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.
(4) No delegation under paragraph (3) shall preclude the Director from exercising or performing at any time any power, function or duty so delegated.

### Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 《商船(控制散裝有毒液體物質污染)規例》

2AB. Director may recognize organizations to survey ships and issue certificates etc.
The Director may recognize an organization for—
(a) carrying out surveys of Hong Kong ships;
(b) issuing the following certificates in respect of Hong Kong ships—
(i) International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk; or
(ii) Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk;
(c) making endorsements on the Certificates referred to in subparagraph (b) that are issued by the organization in conformity with Regulation 9 of Annex II;
(d) with the prior written consent of the Director, granting extensions of the validity periods of the Certificates referred to in subparagraph (b) that are issued by the organization;
(e) altering any particulars contained in the Certificates referred to in subparagraph (b) that are issued by the organization;
(f) issuing certified true copies of the Certificates referred to in subparagraph (b) that are 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. 92 of 2018)

2AC. Director may request Convention countries to survey Hong Kong ships and issue or endorse certificates
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 Annex II; and
(b) to do the following—
(i) issue an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk in respect of the ship in conformity with Annex II; or
(ii) endorse on an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in respect of the ship in conformity with Annex II.
(L.N. 92 of 2018)

2AD. Director may at request of Convention countries survey non-Hong Kong ships and issue or endorse certificates
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 Part V as if the ship were a Hong Kong ship; and
(b) do the following—
(i) issue an INLS Certificate in respect of the ship under Part V as if the ship were a Hong Kong ship; or
(ii) endorse on an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in respect of the ship in conformity with Annex II.
(L.N. 92 of 2018)