Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 8

Responsibilities of owner and master

(Past version on 30/06/1997).

Adaptation amendments retroactively made-see 23 of 1998 s. 2

(1) The owner and master of every ship to which these Regulations apply shall
each ensure that the condition of the ship and its equipment is maintained so
as to comply with the relevant provisions of these Regulations.

(2) After any survey of a Hong Kong ship required by these Regulations has
been completed, no material change shall be made in the structure, equipment,
systems, fittings, arrangements or material subject to such survey without the
approval of a Certifying Authority.

(3) Whenever an accident occurs to a Hong Kong ship or a defect is discovered,
either of which affects the integrity of a ship or the efficiency or
completeness of its equipment, it shall be reported by the master or (if the
master fails to do so) the owner at the earliest opportunity to the Director
who may cause investigations to be initiated to determine whether a survey by
a surveyor is necessary and may in that event require such a survey to be
carried out. If a ship is in a port

(other than a port in the waters of Hong Kong) of a country which is a Party
to the Convention the master or (if the master fails to do so) the owner
shall, in addition, make such a report immediately to the appropriate
authorities of the country in which the port is situated and the Director
shall ascertain that such a report has been made. (23 of 1998 s. 2)

(4) (a) If an accident has occurred to or a defect has been discovered in or
on any ship which is not a Hong Kong ship and which is for the time being in
the waters of Hong Kong, and the accident or defect is such as to affect the
integrity of the ship or the efficiency or completeness of its equipment, the
owner or (if he fails to do so) the master shall make a report immediately to
the Director and where appropriate to the authority responsible for issuing an
IOPP Certificate to the ship;

   (b)  The owner or (if he fails to do so) the master shall report the
        results of any investigation or survey initiated by the authority
        responsible for issuing the IOPP Certificate to the ship to the
        Director, who may detain the ship until such a report has been made.

   (c)  If within a reasonable period the Director is not satisfied that a
        full and proper report has been made to the authority responsible for
        issuing an IOPP Certificate to the ship, or that the action taken is
        sufficient to restore the integrity of the ship or the efficiency or
        completeness of its equipment, he may take such steps as will ensure
        that the ship shall not sail until it can proceed to sea without
        presenting an unreasonable threat of harm to the marine environment.
        Without prejudice to any other action he may take, the Director may
        request the authority responsible for issuing an IOPP Certificate to
        the ship to carry out such surveys and inspections as he may consider
        to be necessary to establish that the condition of the ship is such
        that it can proceed to sea without presenting an unreasonable threat
        of harm to the marine environment.