Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 9

Procedure to be adopted when corrective action is necessary

(1) In any case where the Certifying Authority determines that the condition
of a Hong Kong ship or its equipment does not correspond with the particulars
of the IOPP or HKOPP Certificate or is such that the ship is not fit to
proceed to sea without presenting an unreasonable threat of harm to the marine
environment, the Certifying Authority shall advise the owner or master of the
corrective action which in its opinion is required, and shall give notice
thereof to the Director.

(2) If such corrective action is not taken within such period

(being a reasonable period) as the Certifying Authority may specify, the
Certifying Authority shall, at the end of that time, immediately notify the
Director who may, on receipt of such notification, suspend the validity of the
IOPP or HKOPP Certificate issued in relation to the ship and shall give notice
of any such suspension to the owner and to the Certifying Authority.

(3) The master shall thereupon deliver up the Certificate issued in relation
to the ship to the Certifying Authority on demand and the owner shall on
receipt of notice of suspension deliver up the duplicate Certificate to the
Director.

(4) When the Certifying Authority is satisfied that corrective action has been
taken it shall notify the Director. The Director shall thereupon, in any case
where the validity of the Certificate has been suspended-

   (a)  restore the validity of the Certificate;

   (b)  give notice thereof to the Certifying Authority and the owner; and

   (c)  return the duplicate Certificate to the owner. The
        Certifying Authority shall return the Certificate issued in relation
        to the ship to the master.

(5) Where the 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 and corrective action in
accordance with paragraph (2) of this regulation has not been taken, the
Certifying Authority shall in addition immediately notify the appropriate
authorities of the country in which the port is situated.

(6) Where, in the case of a ship (other than a Hong Kong ship) of a country
which is a Party to the Convention which is for the time being in a port in
the waters of Hong Kong, the nominated surveyor or the recognized organization
responsible for issuing an IOPP Certificate to the ship determined that it is
necessary to withdraw the Certificate, a report shall, unless made by the
nominated surveyor or recognized organization, be made by the master of the
ship to the Director. The Director may then take such steps as will ensure
that the ship shall not sail until it can proceed to sea or leave the port for
the purposes of proceeding to the nearest appropriate repair yard available
without presenting an unreasonable threat of harm to the marine environment.