Hong Kong Regulations

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

Power to inspect

(Past version on 01/07/2002).
(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 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 Transport
and Housing. 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; L.N. 130
of 2007)

(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)