### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

3AA. Director may delegate powers etc.
(1) The Director may, in writing, delegate to a public officer or a class of public officers any of the Director’s powers, functions or duties under these Regulations.
(2) The Director may, in writing, revoke a delegation under paragraph (1) at any time.
(3) A delegation under paragraph (1) does not preclude the Director from exercising or performing at any time any delegated power, function or duty.
(L.N. 45 of 2019)

3A. Director may appoint Government surveyors
The Director may appoint a person to be a Government surveyor for the purposes of these Regulations.
(L.N. 47 of 2016)

3B. 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 Oil Pollution Prevention Certificates; (L.N. 154 of 2022)
(ii) Hong Kong Oil Pollution Prevention Certificates; or (L.N. 154 of 2022)
(iii) International Oil Pollution Prevention Exemption Certificates; (L.N. 154 of 2022)
(ba) making a statement of compliance in conformity with regulation 16G in an International Oil Pollution Prevention Certificate issued by the organization; (L.N. 45 of 2019)
(c) making endorsements on the Certificates referred to in paragraph (b)(i) or (ii) that are issued by the organization in conformity with Regulation 6 of Annex I; (L.N. 154 of 2022)
(d) with the prior written consent of the Director, granting extensions of the validity periods of the Certificates referred to in paragraph (b) that are issued by the organization;
(e) altering any particulars contained in the Certificates referred to in paragraph (b) that are issued by the organization;
(f) issuing certified true copies of the Certificates referred to in paragraph (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. 47 of 2016)

3C. 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 I; and
(b) to do the following—
(i) issue an International Oil Pollution Prevention Certificate in respect of the ship in conformity with Annex I; or
(ii) endorse on an International Oil Pollution Prevention Certificate issued in respect of the ship in conformity with Annex I.
(L.N. 47 of 2016)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

3D. Director may at request of Convention countries survey non-Hong Kong ships and issue or endorse certificates
(1) The Director may, at the request of any Convention country— (L.N. 154 of 2022)
(a) cause a non-Hong Kong ship that is within the waters of Hong Kong to be surveyed under Part II as if the ship were a Hong Kong ship; and
(b) do the following—
(i) issue an IOPP Certificate in respect of the ship under Part II as if the ship were a Hong Kong ship; or
(ii) endorse on an International Oil Pollution Prevention Certificate issued in respect of the ship in conformity with Annex I.
(2) However, no IOPP Certificate may be issued under paragraph (1)(b)(i) in respect of a non-Hong Kong ship entitled to fly the flag of a country that is not a Convention country. (L.N. 154 of 2022)
(L.N. 47 of 2016)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

4. Initial survey and renewal survey
(L.N. 47 of 2016)(1) The owner of every Hong Kong oil tanker of 150 GT and above and every other Hong Kong ship of 400 GT and above, shall cause the same to be surveyed before the ship is put into service or before an IOPP Certificate or HKOPP Certificate in respect of the ship is issued for the first time, and thereafter at intervals not exceeding five years by a Government surveyor. Any application for a survey shall be accompanied by calculations in accordance with Part V of these Regulations and such information relating to the ship as the Director may require for the purposes of the survey.
(2) The Director shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a Government surveyor.
(3) The Government surveyor shall survey the ship and satisfy himself that its structure, equipment, systems, fittings, arrangements and material are in accordance with the requirements of these Regulations and that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems and oil filtering equipment are in good working order.
(4) (Repealed L.N. 47 of 2016)(5) The Government surveyor, if satisfied on the survey that he may properly do so, shall forward to the Director a declaration of survey containing such particulars of the ship as are required by the Director to enable the Director to issue the IOPP Certificate or HKOPP Certificate in respect of the ship.
(6) The owner of a ship referred to in paragraph (1) is regarded as having complied with that paragraph if the owner causes the ship to be subject to—
(a) an initial survey by a recognized organization—
(i) before the ship is put into service; or
(ii) before an IOPP Certificate or HKOPP Certificate in respect of the ship is issued for the first time; and
(b) a renewal survey by a recognized organization, at intervals not exceeding 5 years. (L.N. 47 of 2016)
(L.N. 47 of 2016)

### Merchant Shipping (Prevention of Oil Pollution) Regulations 《商船(防止油類污染)規例》

5. Annual survey
(1) Subject to paragraph (1A), the owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall, so long as the Certificate remains in force, cause the ship to be subject to an annual survey, which shall be carried out within three months before or after the anniversary date of the Certificate.
(1A) If an intermediate survey of the ship has been carried out under regulation 6(1) in a particular year, the annual survey of the ship under paragraph (1) for that year is not required to be carried out. (L.N. 47 of 2016)
(2) The Director shall upon receipt of an application for survey and any prescribed fee payable on such application cause the ship to be surveyed by a Government surveyor.
(3) The Government surveyor must survey the ship to ensure that the requirements in Regulation 6 of Annex I concerning an annual survey are complied with. (L.N. 47 of 2016)
(4) On completion of the survey in accordance with the requirements of the preceding paragraph the Government surveyor shall, where he is so satisfied, endorse the IOPP Certificate to that effect.
(5) If, in a particular year, the owner of a ship referred to in paragraph (1) causes the ship to be subject to an annual survey by a recognized organization within 3 months before or after the anniversary date of the International Oil Pollution Prevention Certificate, that paragraph (as read with paragraph (1A)) is regarded as having been complied with by the owner for that year. (L.N. 47 of 2016)
(L.N. 47 of 2016)