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

5G. Withdrawal of International Certificate of Fitness
(1) A Government surveyor may, by written notice, require the owner or master of a Hong Kong ship in respect of which an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk has been issued to take such corrective action which the surveyor considers necessary if on a survey (other than an initial survey) of the ship referred to in regulation 4, the surveyor determines that the condition of the ship or its equipment does not correspond substantially with the particulars in the Certificate.
(2) The surveyor must, on giving notice under paragraph (1), inform the Director.
(3) If the corrective action is not taken within the period specified by the surveyor, the surveyor must inform the Director and the Director may, by written notice to the owner and master of the ship, withdraw the Certificate.
(4) On receiving a notice under paragraph (3), the owner and master of the ship must deliver the Certificate to the Director immediately.
(5) The owner or master of the ship may, after the corrective action in respect of the ship has been taken, apply to the Director for the return of the Certificate.
(6) On receiving an application under paragraph (5), if the Director is satisfied that the corrective action in respect of the ship has been taken, the Director must, by written notice to the owner or master of the ship, return the Certificate to the owner or master.
(L.N. 94 of 2018)

5H. Cancellation of International Certificate of Fitness
(1) The Director may, by written notice to the owner and master of a Hong Kong ship, cancel an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued in respect of the ship in the circumstances set out in paragraph (2).
(2) The circumstances are that the Director has reasonable grounds to believe that the Certificate was issued, or any endorsement on it was made, on the basis of false or erroneous information.
(3) The Director must give reasons for cancelling the Certificate in the notice under paragraph (1).
(4) On receiving a notice under paragraph (1), the owner and master of the ship must deliver the Certificate to the Director immediately.
(L.N. 94 of 2018)

5I. Form of International Certificate of Fitness
The Director may specify the form of an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.
(L.N. 94 of 2018)

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

5J. Alteration of International Certificate of Fitness
(1) The owner of a ship in respect of which an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk has been issued by the Director may request the Director to alter any of the particulars contained in the Certificate.
(2) The Director may refuse to make the alteration if the Director considers it to be a material alteration.
(3) If the Director agrees to make the alteration, the Director must, on payment of the prescribed fee, alter the Certificate.
(L.N. 94 of 2018)

5K. Certified true copies of International Certificate of Fitness
(1) The owner of a ship in respect of which an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk has been issued by the Director may apply to the Director for the issue of a certified true copy of the Certificate.
(2) The application must be accompanied by the prescribed fee for the certified true copy.
(L.N. 94 of 2018)

6. Maintenance of conditions after survey
(1) The condition of the ship and its equipment shall be maintained so as to conform to the provisions of the IBC Code.
(2) After any survey referred to in regulation 4 has been completed in respect of a Hong Kong ship, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Director, except by direct replacement.
(3) Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment covered by the IBC Code, the master or owner of the ship shall report at the earliest opportunity to the Director, who shall, in the case of a Hong Kong ship, cause investigations to be initiated to determine whether an additional survey is necessary. If the ship is in a port other than a port in Hong Kong, the master or owner shall also report immediately to the appropriate authority of the government of the State in which the port is situated.
(L.N. 94 of 2018)

7. Equivalents
Where the IBC Code requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Director may allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or any particular provision, procedure or arrangement is at least as effective as that required by the IBC Code.

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

8. Exemptions
The Director may exempt any ship or class or description of ship from any of the requirements of these regulations or of the IBC Code, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.

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

8B. Obstruction and non-compliance with requirements
(1) A person must not—
(a) wilfully obstruct a Government surveyor in the exercise of any power conferred by regulation 8A; or
(b) make a statement or sign a declaration that the person knows is false, or recklessly make a statement or sign a declaration that is false, in purported compliance with a requirement under regulation 8A(3)(h).
(2) A person must comply with a requirement imposed on the person under regulation 8A(3).
(L.N. 94 of 2018)

9. Loading and carriage in bulk of listed chemicals
No ship to which these regulations apply shall load in bulk or carry in bulk any of the substances listed in Chapter 17 of the IBC Code unless—
(a) (i) there is in force in respect of that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk covering the substance which the ship is loading or carrying; and
(ii) the loading and carriage is in accordance with the terms of that certificate; or
(b) (i) either the Director or an Administration has given written permission for its carriage; and (L.N. 94 of 2018)
(ii) any conditions subject to which that permission was given are complied with.

10. Penalties
(1) If in respect of any ship there is a contravention of regulation 3, 5A, 5G(4), 5H(4), 6, 8A(5) and (7), 8B or 9, the owner and the master of the ship each commits an offence and is liable— (L.N. 94 of 2018)
(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)
(1A) (Repealed L.N. 94 of 2018)(2) It shall be a defence for a person charged with an offence under these regulations to prove that he took all reasonable steps to ensure that the regulations were complied with.
(3) If an offence under this regulation is committed or would, but for the operation of paragraph (2), have been committed by the owner or master of a ship due to the act or omission of some other person, that other person also commits the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the owner or master. (L.N. 94 of 2018)

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

11. Power to detain
(1) The Director may, if he has reason to believe that a contravention of these regulations has occurred in respect of a ship, detain the ship. (37 of 1990 s. 12)
(2) Where a ship other than a Hong Kong ship is detained under paragraph (1), the Director shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.