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

1. Short title
(Amended E.R. 3 of 2023)(1) This Ordinance may be cited as the Merchant Shipping (Prevention and Control of Pollution) Ordinance.
(2) (Omitted as spent—E.R. 3 of 2023)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
control (控制) includes contain and reduce;
Director (處長) means the Director of Marine;

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; 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;

Hong Kong ship (香港船舶) means—
(a) a ship registered in Hong Kong; and
(b) a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548); (Replaced 43 of 1999 s. 91)

master (船長), in relation to—
(a) a Hong Kong ship referred to in paragraph (a) of the definition of Hong Kong ship

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

3AA. Delegation by Director
(1) Subject to subsection (3), the Director may, either generally or in any particular case, delegate to any other public officer the performance or exercise on the Director’s behalf of any of the functions imposed or conferred on the Director under this Ordinance.
(2) If any function imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director is, unless the contrary is proved, regarded as having delegated to the public officer under subsection (1) the performance or exercise of the function.
(3) No delegation under subsection (1) is to be made of any power under this Ordinance to make subsidiary legislation.
(4) In this section—
functions (職能) includes powers and duties.
(Added 24 of 2023 s. 6)

3A. Supplementary regulation-making power in relation to international agreements applicable to Hong Kong
For the purpose of giving effect (whether in whole or in part) to any provisions of any international agreements applicable to Hong Kong (including the Convention and the Protocol as defined in section 3(1))—
(a) as in force from time to time; and
(b) so far as the agreement relates to any matter for or in relation to which provision may be made by regulations made under this Ordinance,
any such regulations may—
(i) set out or refer to those provisions (whether in a schedule or otherwise); and
(ii) specify (whether in a schedule or otherwise) amendments, modifications or adaptations subject to which those provisions shall have effect.
(Added 16 of 1999 s. 4)

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

4. Penalty for taking detained ship to sea
(1) Where a ship is authorized or ordered to be detained under regulations made under this Part, and after such detention or after service on the master of any notice of or order for such detention, the ship proceeds or attempts to proceed to sea before having been released by a competent authority, the master of the ship commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years; and if the owner or agent or any person who sends the ship to sea is party or privy to the offence he also commits an offence and is liable to the same punishment.
(2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship—
(a) in addition to any punishment to which they may be liable under subsection (1), both commit an offence against this subsection and are each liable to imprisonment for 6 months and to a fine at level 4 and an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer returns to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (Amended E.R. 3 of 2023)
(b) are jointly and severally liable to pay to the Government all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong.
(3) Expenses referred to in subsection (2)(b) may be recovered as if they were a fine imposed by a magistrate.

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

4A. Interpretation of Part IIA
In this Part—

certifying authority (核證當局) means—
(a) the Director; or
(b) a recognized organization;

e-cert database (電子證書資料庫), in relation to a certifying authority, means an electronic database that is maintained or managed by or for the certifying authority in accordance with the e-cert guidelines;
e-cert guidelines (電子證書指引) means the documents listed in Division 1 of Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents;
e-log guidelines (電子航海日誌指引) means the documents listed in Division 2 of Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents;

listed certificate (表列證書) means—
(a) a document listed in column 2 of the Table in Division 1 of Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the document; or
(b) a document listed in column 2 of that Table the subject matter of which is referred to in a provision listed in column 3 of that Table corresponding to the document;

listed log-book (表列航海日誌) means a document listed in column 2 of the Table in Division 2 of Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the document;
recognized organization (認可機構) means an organization listed in Part 4 of the Schedule;
Secretary (局長) means the Secretary for Transport and Logistics.

4B. Application
This Part and the Schedule apply to a ship registered in Hong Kong.

4C. Listed certificates may be issued electronically
(1) This section applies to a listed certificate that may be issued by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be issued by a certifying authority in electronic form.
(3) A listed certificate is considered as issued in electronic form only if it is issued in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause a listed certificate issued by it in accordance with this section to be kept in the e-cert database.

4D. Listed certificates may be endorsed electronically
(1) This section applies to a listed certificate that may be endorsed by a certifying authority under a provision of this Ordinance.
(2) A listed certificate may be endorsed by a certifying authority in electronic form.
(3) A listed certificate is considered as endorsed in electronic form only if the endorsement is made in accordance with the applicable requirements set out in the e-cert guidelines.
(4) A certifying authority must cause an endorsement made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate.