Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 35

Power to inspect

Caution: This is a past version. See the current version here.

PART IX

POWERS TO INSPECT, DENY ENTRY, DETENTION AND PENALTIES

(1) A ship to which these Regulations apply shall be subject, in the waters of
Hong Kong, to inspection by persons appointed by the Secretary for Economic
Development and Labour. Any such inspection shall be limited to verifying that
there is on board a valid IOPP Certificate in the form prescribed by the
Convention or HKOPP Certificate in a form prescribed in Schedule 1 hereto,
unless there are clear grounds for believing that the condition of the ship or
its equipment does not correspond substantially with the particulars of that
certificate. In that case, or if the ship does not carry a valid certificate,
the inspector shall take such steps as he may consider necessary to ensure
that the ship shall not sail until it can proceed to sea without presenting an
unreasonable threat of harm to the marine environment. The Director may in
such a case permit the ship to leave the waters of Hong Kong for the purposes
of proceeding to the nearest appropriate repair yard. (L.N. 106 of 2002)

(2) Upon receiving evidence that a particular ship has discharged oil or an
oily mixture contrary to the provisions of these Regulations the Director
shall cause the matter to be investigated and shall inform the State which has
reported the contravention, as well as the Organization, of the action taken.

(3) The Director may also cause a ship other than a Hong Kong ship to be
inspected when she enters the waters of Hong Kong if a request for an
investigation is received from any State which is a Party to the Convention
together with sufficient evidence that the ship has discharged oil or an
oily mixture in any place. The report of such investigation shall be sent to
the State requesting it, the State in which the ship is registered and to the
Director.

(4) For the purposes of this regulation any person appointed as an inspector
shall have the powers of an inspector set out in sections 115 and 116 of the
Merchant Shipping (Safety) Ordinance ( Cap 369). (37 of 1990 s. 12) (L.N. 641
of 1994)