Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 31

Reports to be made in the event of a discharge or likely discharge

PART VII

REPORTING OF DISCHARGES

(1) This regulation applies to-

   (a)  all ships within 200 miles of Hong Kong;

   (b)  all Hong Kong ships within 200 miles of the nearest land;

   (c)  all Hong Kong oil tankers when fully or partly laden; and

   (d)  all Hong Kong ships of 10000 GRT and above.

(2) The master of a ship to which this regulation applies shall maker reports
in accordance with paragraphs (4) and (6) of this regulation whenever an
incident involves any discharge or probable discharge of oil  or oily mixtures
as a result of damage to the ship or its equipment or for the purpose of
securing the safety of the ship or saving life at sea. In assessing the
probability of a discharge, the master shall take into account-

   (a)  the nature of the damage, failure or breakdown of the ship, machinery
        or equipment;

   (b)  sea and wind state and traffic density in the area at the time and
        place of the incident.

(3) The master may make a report in cases of-

   (a)  any damage, failure or breakdown which affects the safety of ships,
        such as collision, grounding, fire, explosion, structural failure,
        flooding or cargo shifting; and

   (b)  any failure or breakdown of machinery or equipment which results in
        the impairment of the safety of navigation, such as failure or
        breakdown of steering gear, propulsion plant, electrical generating
        system or essential shipborne navigational aids.

(4) (a) The master of a ship proceeding to enter the waters of Hong Kong shall
make any report required by this regulation without delay, either directly
through the owner or his agent, or through the coast radio station to the
Director, not less than 12 hours prior to the expected arrival of the ship.

   (b)  The master of a Hong Kong ship more than 200 miles from Hong Kong hall
        make any report so required without delay to the nearest coastal State
        or to the coastal State which he considers to be most at risk from the
        actual or potential effects of the incident.

(5) The master's initial report shall contain the following particulars-

   (a)  name of ship, call sign, frequency or radio channel kept open;

   (b)  date and time of incident;

   (c)  position and extent of any pollution, including, if possible estimated
        amount and surface area of spill;

   (d)  present position of ship (if different from (c));

   (e)  if discharge is continuing, approximate rate of release;

   (f)  wind direction and speed, and condition of current or tide affecting
        spill movement;

   (g)  weather conditions and sea state in ship's present position;

   (h)  type of oil discharged;

   (i)  types and quantities of oils still on board and whether or not carried
        as cargo;

   (j)  type of ship, size, nationality and port of registry;

   (k)  ship's course, speed and destination, if proceeding on its way;

   (l)  brief description of the incident, including damage sustained and the
        cause of any discharge;

   (m)  ability to transfer cargo or ballast or bunkers;

   (n)  any remedial action taken or intended to deal with any actual or
        potential pollution or to control the movement of the ship;

   (o)  forecast of likely movement and effect of pollution with estimated
        timing; and

   (p)  assistance which has been requested from or which has been provided by
        other ships or agencies.

(6) Following the initial report the master shall make a further report to the
authority referred to in paragraph (4), containing the following particulars-

   (a)  position of ship at time of incident, if different from that at the
        time of the initial report;

   (b)  estimate of the quantities, concentrations and likely conditions of
        oils-

        (i)    discharged; and

        (ii)   likely to be discharged, from the ship;

   (c)  ship's course, speed and destination at time of incident, if different
        from that at the time of the initial report;

   (d)  all relevant information regarding the condition of the ship; and

   (e)  telegraphic address of the ship's operator, charterer and nearest
        local agent.