Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 1

Citation and interpretation

(Past version on 01/07/2002).
(Past version on 05/11/1999).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. PART I

GENERAL

(1) These regulations may be cited as the Merchant Shipping 
(Prevention of Oil Pollution) Regulations.

(2) In these Regulations, except where the context otherwise requires-

"amidships" (船舯) means at the middle of the length (L);

"Annex I" (附件I) means Annex I to the Convention (which sets out
regulations for the prevention of pollution by oil);

"anniversary date" (周年日期) means the date in each year corresponding to
the date of expiry of the IOPP Certificate;

"approved" (獲批准) means approved by the Director; (37 of 1990 s. 12)

"area" (面積) in relation to a ship shall be calculated in all cases to
moulded lines;

"breadth" (船寬) (B) means the maximum breadth of the ship, measured
amidships to the moulded line of the frame in a ship with a metal shell and to
the outer surface of the hull in a ship with a shell of any other material,
measured in metres;

"centre tank" (中間液艙) means any tank inboard of a longitudinal
bulkhead;

"Certifying Authority" (核證當局) means the Director or any person
authorized by the Secretary for Transport and Housing; (64 of 1999 s. 3; L.N.
106 of 2002; L.N. 130 of 2007)

"chemical tanker" (化學品液貨船) means a ship constructed or adapted
primarily to carry a cargo of noxious liquid substances in bulk and includes
an oil  tanker when carrying a cargo or part cargo of noxious liquid
substances in bulk;

"clean ballast" (清潔壓載) means the ballast in a tank which, since oil
was last carried therein, has been so cleaned that the effluent therefrom, if
it were discharged from a ship which is stationary into clean calm water on a
clear day would not produce visible traces of oil on the surface of the water
or on adjoining shorelines or cause a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines. If the ballast
is discharged through an approved oil discharge monitoring and control system,
evidence based on such a system to the effect that the oil content of the
effluent did not exceed 15 ppm shall be determinative that the ballast was
clean, notwithstanding the presence of visible traces;

"combination carrier" (油類/散貨而用船) means a ship designed to carry
either oil or solid cargoes in bulk;

"Convention country" (公約國) means a country which is a Party to the
Convention;

"crude oil" (原油) means any liquid hydrocarbon mixture occurring naturally
in the earth, whether or not treated to render it suitable for transportation,
and includes-

   (a)  crude oil from which certain distillate fractions may have been
        removed; and

   (b)  crude oil to which certain distillate fractions may have been added;

"crude oil tanker" (原油油輪) means an oil tanker engaged in the trade of
carrying crude oil;

"deadweight" (載重量) (DW) means the difference in metric tons between the
displacement of a ship in water of a specific gravity of 1.025 at the load
waterline corresponding to the assigned summer freeboard and the lightweight
of the ship;

"Director" (處長) means the Director of Marine;

"existing ship"(現有船舶), without prejudice to regulation 17(2), means a
ship which is not a new ship;

"filtering equipment" (過濾設備) means filters or any combination of
separators and filters which are designed to produce effluent containing not
more than 15 ppm of oil;

"forward and after perpendiculars" (首尾垂線) shall be taken at the
forward and after ends of the length (L). The forward perpendicular shall
coincide with the foreside of the stem on the waterline on which the length is
measured; "GRT" (總註冊噸位) means gross registered tonnage and the gross
registered tonnage of a ship having alternative gross registered tonnages
shall be taken to be the larger of those tonnages;

"harmful substance" (有害物質) means any substance which, if introduced
into the sea, is liable to create hazards to human health, to harm living
resources and marine life, to damage amenities or to interfere with other
legitimate uses of the sea, and includes oil;

"HKOPP Certificate" (香港防油污證書) means the Hong Kong Oil Pollution
Prevention Certificate;

"Hong Kong oil tanker" (香港油輪) means an oil tanker which is registered
in Hong Kong;

"IBC Code" (國際散化規則) means the International Code for the
Construction and Equipment of Ships Carrying Chemicals in Bulk (1990 Edition)
published by the International Maritime Organization as amended; (L.N. 641 of
1994) "IMO" means the International Maritime Organization; (L.N. 641 of 1994)

"instantaneous rate of discharge of oil content" (瞬時油量排放率) means
the rate of discharge of oil in litres per hour at any instant divided by the
speed of the ship in knots at the same instant;

"IOPP Certificate" (國際防油污證書) means the International Oil
Pollution Prevention Certificate;

"length" (船長度) (L) means 96 per cent of the total length on a waterline
at 85 per cent of the least moulded depth measured from the top of the keel,
or the length from the foreside of the stem to the axis of the rudder stock on
that waterline, if that be greater. In ships designed with a rake of keel the
waterline on which this length is measured shall be parallel to the designed
waterline. The length (L) shall be measured in metres;

"lightweight" (空載排水量) means the displacement of a ship in metric
tons without cargo, fuel, lubricating oil, ballast water, fresh water and feed
water in tanks, consumable stores, and passengers and crew and their effects;

"major conversion" (重大改裝) means a conversion of an existing ship-

   (a)  which substantially alters the dimensions or carrying capacity of the
        ship; or

   (b)  which changes the type of the ship; or

   (c)  the intent of which in the opinion of the Director is substantially to
        prolong its life; or

   (d)  which otherwise so alters the ship that, if it were a new ship, it
        would become subject to relevant provisions of the Protocol(a) not
        applicable to it as an existing ship; but conversion of an existing
        oil tanker-

        (i)    of 20000 tons deadweight and above to meet the requirements of
               regulation 18; or

        (ii)   to meet the requirements of regulation 23A or 23B, shall not be
               deemed to constitute a major conversion; (L.N. 641 of 1994)

"Merchant Shipping Notice" (商船公告) means a Notice described as such,
issued by the Director, and any reference to a particular Merchant Shipping 
Notice includes a reference to that Notice as amended from time to time by a
subsequent Notice; (64 of 1999 s. 3)

"mile" (浬) means an international nautical mile that is to say a distance of
1852 metres;

"nearest land" (最近陸地) in relation to all land other than the part of
Australia specified below, "from the nearest land" (距最近陸地) means
from the nearest base-line from which the territorial sea of any territory is
established in accordance with the Geneva Convention on the Territorial Sea
and the Contiguous Zone 1958(b); and in relation to the part of the
North-eastern coast of Australia which lies between the points 11 degrees
00'S, 142 degrees 08'E and 24 degrees 42'S, 153 degrees 15'E, "from the
nearest land" (距最近陸地) means from the nearest of the straight lines
joining consecutively the following points- 11 degrees 00'S, 142 degrees 08'E;
10 degrees 35'S, 141 degrees 55'E; 10 degrees 00'S, 142 degrees 00'E; 9
degrees 10'S, 143 degrees 52'E; 9 degrees 00'S, 144 degrees 30'E; 13 degrees
00'S, 144 degrees 00'E; 15 degrees 00'S, 146 degrees 00'E; 18 degrees 00'S,
147 degrees 00'E; 21 degrees 00'S, 153 degrees 00'E and 24 degrees 42'S, 153
degrees 15'E.;

"new ship" (新船), except as provided in regulation 17(1), means a ship-

   (a)  for which the building contract was placed after 31 December 1975; or

   (b)  in the absence of a building contract, the keel of which was laid or
        which was at a similar stage of construction after 30 June 1976; or

   (c)  the delivery of which is after 31 December 1979; or

   (d)  which has undergone a major conversion-

        (i)    for which the contract was placed after 31 December 1975; or

        (ii)   in the absence of a contract, the construction work of which
               was begun after 30 June 1976; or

        (iii)  which is or was completed after 31 December 1979; "oil"
               (油、油類) means petroleum in any form including crude oil,
               fuel oil, sludge, oil refuse and refined products, other than
               petrochemicals specified in Merchant Shipping Notice No. 1011;
               (64 of 1999 s. 3)

"oil fuel" (油類燃料) means any oil used as fuel in connection with the
propulsion and auxiliary machinery of the ship in which such oil is carried;

"oil tanker" (油輪) means a ship constructed or adapted primarily to carry
oil in bulk in its cargo spaces and includes a combination carrier or a
chemical tanker when it is carrying a cargo or part cargo of oil in bulk;

"oily mixture" (油性混合物) means a mixture with any oil content;

"the Organization" (組織) means the International Maritime Organization;

"permeability" (滲透率) of a space means the ratio of the volume within
that space which is assumed to be occupied by water to the total volume of
that space; "ppm" means parts per million;

"product carrier" (成品油油輪) means an oil tanker engaged in the trade
of carrying oil other than crude oil; "sea" (海、海域) includes any
estuary or arm of the sea;

"segregated ballast" (隔離壓載) means the ballast water introduced into a
tank which is completely separated from the cargo oil and oil fuel system and
which is permanently allocated to the carriage of ballast or to the carriage
of ballast or cargoes other than oil or noxious liquid substances;

"separating equipment" (離析設備) means either separators or filters, or
any combination of them, which are designed to produce effluent containing not
more than 100 ppm of oil;

"ship" (船、船舶) means a vessel of any type whatsoever operating in the
marine environment including waters navigable by sea-going vessels and
includes submersible craft, floating craft and a structure which is a fixed or
floating platform but excludes hovercraft;

"slop tank" (污水艙) means a tank specifically designed for the collection
of tank drainings, tank washings and other oily mixtures;

"special area" (特殊區域) means a sea area where, for recognized technical
reasons in relation to its oceanographical and ecological condition and to the
particular character of its traffic, the adoption of special mandatory methods
for the prevention of sea pollution by oil is required, and shall include
those areas listed in regulation 16;

"surveyor" (驗船師) means a surveyor appointed by the Certifying Authority
or the Secretary for Transport and Housing; (L.N. 106 of 2002; L.N. 130 of
2007)

"tank" (液艙) means an enclosed space which is formed by the permanent
structure of a ship and which is designed for the carriage of liquid in bulk;

"type 2 cargo tank" (第2型貨油艙) means a cargo tank in a type 2 ship as
defined in the IBC Code; (L.N. 641 of 1994)

"volume" (容積) in relation to a ship shall be calculated in all cases to
moulded lines;

"wing tank" (翼液艙) means any tank adjacent to the side shell plating.

(37 of 1990 s. 12; L. N. 177 of 1991; 23 of 1998 s. 2)
___________________________________________________________________________
______ Note:

   (a)  Cmnd. 7347.

   (b)  Cmnd. 2511.

"amidships" (船舯)

"Annex I" (附件I)

"anniversary date" (周年日期)

"approved" (獲批准)

"area" (面積)

"breadth" (船寬) (B)

"centre tank" (中間液艙)

"Certifying Authority" (核證當局)

"chemical tanker" (化學品液貨船)

"clean ballast" (清潔壓載)

"combination carrier" (油類/散貨而用船)

"Convention country" (公約國)

"crude oil" (原油)

"crude oil tanker" (原油油輪)

"deadweight" (載重量) (DW)

"Director" (處長)

"existing ship"(現有船舶)

"filtering equipment" (過濾設備)

"forward and after perpendiculars" (首尾垂線) "GRT" (總註冊噸位)

"harmful substance" (有害物質)

"HKOPP Certificate" (香港防油污證書)

"Hong Kong oil tanker" (香港油輪)

"IBC Code" (國際散化規則) "IMO"

"instantaneous rate of discharge of oil content" (瞬時油量排放率)

"IOPP Certificate" (國際防油污證書)

"length" (船長度) (L)

"lightweight" (空載排水量)

"major conversion" (重大改裝)

"Merchant Shipping Notice" (商船公告)

"mile" (浬)

"nearest land" (最近陸地)

"from the nearest land" (距最近陸地)

"new ship" (新船) "oil" (油、油類)

"oil fuel" (油類燃料)

"oil tanker" (油輪)

"oily mixture" (油性混合物)

"the Organization" (組織)

"permeability" (滲透率) "ppm"

"product carrier" (成品油油輪) "sea" (海、海域)

"segregated ballast" (隔離壓載)

"separating equipment" (離析設備)

"ship" (船、船舶)

"slop tank" (污水艙)

"special area" (特殊區域)

"surveyor" (驗船師)

"tank" (液艙)

"type 2 cargo tank" (第2型貨油艙)

"volume" (容積)

"wing tank" (翼液艙)