Hong Kong Regulations

MERCHANT SHIPPING (CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK) REGULATIONS - REGULATION 1

Citation and interpretation

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

PART I

GENERAL

(1) These regulations may be cited as the Merchant Shipping (Control of
Pollution by Noxious Liquid Substances in Bulk) Regulations.

(2) In these regulations, except where the context otherwise requires- "BCH
Code" (散化規則) means the Code for the Construction and Equipment of
Ships Carrying Dangerous Chemicals in Bulk (1993 Edition) published by IMO, as
amended from time to time; (L.N. 186 of 1995) "BCH Code Certificate"
(散化規則證書) means a certificate of compliance with the BCH Code
issued in accordance with the BCH Code Regulations; "BCH Code Regulations"
(散化規則規例) means the Merchant Shipping (BCH Code)  Regulations (
Cap 413 sub. leg.); "Cargo Record Book" (貨物紀錄簿) means a
Cargo Record Book described in regulation 20; "Category A substance"
(A類物質), "Category B substance" (B類物質), "Category C substance"
(C類物質) and "Category D substance" (D類物質) mean respectively any
substance listed in column (a) of the table in Chapter 17 of the IBC Code and
identified as falling into Category A, B, C or D as the case may be by an
entry of "A", "B", "C" or "D" as the case may be in column (c) of that table;
and any substance which is provisionally listed or class-approved as a
Category A, B, C or D substance as the case may be; and a reference to any
such substance shall include a reference to any mixture containing such
substance, other than a residual mixture or a mixture which is itself a
substance of another Category; (L.N. 186 of 1995) "chemical tanker"
(化學品液貨船) means a ship constructed or adapted primarily to carry a
cargo of noxious liquid substances in bulk and an oil tanker when carrying a
cargo or part cargo of noxious liquid substances in bulk; "class-approved"
(定類) means, in relation to a substance of a particular category or a
non-polluting substance-

   (a)  having been assessed as a substance falling into one of the classes of
        not otherwise specified substances listed in the Fourth Schedule and
        therein identified as a class of substances falling into that category
        or as a class of non-polluting substances as the case may be; and

   (b)  having had the assessment referred to in paragraph (a) approved by or
        on behalf of the Director or by or on behalf of the government of a
        state party to MARPOL 1973/78; "clean ballast" (清潔壓載) means
        ballast carried in a tank which, since it was last used to carry a
        noxious liquid substance in bulk, has been thoroughly cleaned and the
        residues resulting therefrom have been discharged and the tank emptied
        in accordance with the appropriate requirements of these regulations;
        "constructed" (建造) means, in relation to a ship, having its keel
        laid or being at a similar stage of construction; and "similar stage
        of construction" (相若建造階段) means the stage at which-

   (a)  construction identifiable with a specific ship begins; and

   (b)  assembly of that ship is commenced comprising at least 50 tonnes or 1
        per cent of the estimated mass of all structural material, whichever
        is the less: Provided that a ship which has been converted into a
        chemical tanker shall, irrespective of its date of construction, be
        treated as a chemical  tanker constructed on the date on which such
        conversion commenced; "Director" (處長) means the Director of
        Marine; "high residue substance" (高殘餘量物質) means, in
        relation to a Category B or Category C substance, a substance
        identified in the ship's Procedures and  Arrangements Manual as
        likely, due to its viscosity or melting point at its unloading
        temperature, to result in a residue quantity from any tank which
        exceeds, in the case of Category B substance 1 cubic metre or 1/3000
        of the capacity of that tank or, in the case of a Category C substance
        3 cubic metres or 1/1000 of the capacity of that tank, whichever is
        the greater; "HKNLS Certificate" (香港有毒液體物質證書)
        means a Hong Kong Pollution Prevention Certificate for the Carriage of
        Noxious Liquid Substances in Bulk issued under regulation 24 to a
        Hong Kong-trading ship; "HKOPP Certificate" (香港防油污證書)
        means a Hong Kong Oil Pollution Prevention Certificate issued pursuant
        to the Prevention of Oil Pollution Regulations; "Hong Kong-trading"
        (在香港營運的) means operating within the waters of Hong Kong;
        "IBC Code" (國際散化規則) means the International Code for the
        Construction and Equipment of Ships Carrying Dangerous Chemicals in
        Bulk (1994 Edition) published by IMO, as amended from time to time;
        (L.N. 186 of 1995) "IBC Code Certificate" (國際散化規則證書)
        means a certificate of compliance with the IBC Code issued in
        accordance with the IBC Code Regulations; "IBC Code Regulations"
        (國際散化規則規例) means the Merchant Shipping (IBC Code) 
        Regulations ( Cap 413 sub. leg.); "IMO" means the International
        Maritime Organization; "IMO Standards" (國際海事組織標準)
        means the Standards for Procedures and Arrangements for the Discharge
        of Noxious Liquid Substances adopted by the Marine Environment
        Protection Committee of IMO by Resolution MEPC 18(22) on 5 December
        1985; "INLS Certificate" (國際有毒液體物質證書) means an
        International Pollution Prevention Certificate for the Carriage of
        Noxious Liquid Substances in Bulk issued under MARPOL 1973/78 and, in
        the case of a Hong Kong ship, in accordance with regulation 24; "IOPP
        Certificate" (國際防油污證書) means an International Oil
        Pollution Prevention Certificate issued in accordance with MARPOL
        1973/78 and, in the case of a Hong Kong ship, pursuant to the
        Prevention of Oil Pollution Regulations; "liquid substance"
        (液體物質) means a substance having a vapour pressure not
        exceeding 2.8 bar at a temperature of 37.8 degrees Celsius; "MARPOL
        1973/78" (《1973/78年防污公約》) means the International
        Convention for the Prevention of Pollution from Ships, 1973, as
        amended (a); "Marpol surveyor" (防污公約驗船師) means a
        surveyor appointed by the Director under regulation 2A or by or on
        behalf of the government of a state party to MARPOL 1973/78; "Merchant
        Shipping Notice" (商船公告) means a Notice described as such,
        issued by the United Kingdom Department of Transport and published by
        Her Majesty's Stationery Office; and any reference to a particular
        Merchant  Shipping Notice includes a reference to that Notice as
        amended or replaced from time to time by a subsequent Notice; "nearest
        land" (最近陸地) in relation to all land other than the part of
        Australia specified below, "from the nearest land" (距最近陸地)
        means from the nearest baseline from which the territorial sea of any
        territory is established in accordance with the Geneva Convention on
        the Territorial Sea and the Contiguous Zone 1958 (b); and in relation
        to the part of the north-eastern coast of Australia which lies between
        the points 11 degrees 00'S, 142 degrees 08'E and 24 degrees 42'S, 153
        degrees 15'E, "from the nearest land" (距最近陸地) means from the
        nearest of the straight lines joining consecutively the following
        points- 11 degrees 00'S, 142 degrees 08'E; 10 degrees 35'S, 141
        degrees 55'E; 10 degrees 00'S, 142 degrees 00'E; 9 degrees 10'S, 143
        degrees 52'E; 9 degrees 00'S, 144 degrees 30'E; 13 degrees 00'S, 144
        degrees 00'E; 15 degrees 00'S, 146 degrees 00'E; 18 degrees 00'S, 147
        degrees 00'E; 21 degrees 00'S, 153 degrees 00'E and 24 degrees 42'S,
        153 degrees 15'E; "non-polluting substance" (非污染物質) means a
        substance identified by an entry "III" in column (c) of Chapter 17 or
        18 of the IBC Code or provisionally  listed or class-approved as a
        non-polluting substance; (L.N. 186 of 1995) "noxious liquid substance"
        (有毒液體物質) means any substance listed in column

   (a)  of the table in Chapter 17 of the IBC Code (being a substance falling
        into category A, B, C or D) and any other liquid substance which is
        provisionally listed or class-approved as a category A, B, C or D
        substance; (L.N. 186 of 1995) "oil tanker" (油輪) means a ship
        constructed or adapted primarily to carry oil in bulk in its cargo
        spaces and includes a combination carrier when it is carrying a cargo
        or part cargo of oil in bulk; "oil-like substance"
        (類似油類物質) means a substance listed in the Third Schedule or
        provisionally listed as an oil-like substance; "Prevention of Oil
        Pollution Regulations" (防止油類污染規例) means the Merchant 
        Shipping (Prevention of Oil Pollution) Regulations ( Cap 413 sub.
        leg.); "pre-washed" (預先清洗) means washed in accordance with the
        relevant pre-wash procedures specified in the ship's
        Procedures and Arrangements Manual; "Procedures and Arrangements
        Manual" (程序及安排手冊) means a manual complying with the
        requirements of regulation 19(1); "provisionally listed"
        (暫時列類) means, in relation to a substance of a particular
        category or a non-polluting substance or an oil-like substance, listed
        in Merchant Shipping Notice No. M. 1438 and therein identified as a
        substance falling into that category or as a non-polluting substance
        or as an oil-like substance as the case may be; "reception facility"
        (接收設施) means a tank or similar facility provided at a port or
        place for the reception of residual mixtures or other liquid wastes
        containing noxious liquid substances; "residual mixture"
        (殘餘混合物) means, in relation to any category of noxious 
        liquid substances, ballast water, tank washings or other mixtures
        containing residues of a noxious liquid substance of such category,
        but excludes clean ballast; "sea" (海、海域) includes all waters
        navigable by sea-going ships; "segregated ballast" (隔離壓載)
        means ballast water introduced into a tank which is permanently
        allocated to the carriage of ballast or to the carriage of ballast or
        cargoes other than oil or noxious liquid substances and which is
        completely separated from the cargo pumping and piping system and from
        the fuel oil pumping and piping system; "ship" (船、船舶) means a
        vessel of any type whatsoever operating in the marine environment and
        includes hydrofoil boats, hovercraft, submersibles, floating craft and
        also fixed or floating platforms except when they are actually engaged
        in exploration or exploitation of the sea-bed or associated off-shore
        processing of sea-bed mineral resources; "Special Area" (特殊區域)
        means the Baltic Sea area, the Black Sea area or the  Antarctic area,
        defined as follows- (L.N. 186 of 1995) "the Antarctic area"
        (南極區域) means the sea area south of the latitude 60 degrees S;
        (L.N. 186 of 1995) "the Baltic Sea area" (波羅的海區域) means
        the Baltic Sea with the Gulf of Bothnia, the Gulf of Finland and the
        entrance to the Baltic Sea bounded by the parallel of the Skaw in the
        Skagerrak at 57 degrees 44.8'N; "the Black Sea area" (黑海區域)
        means the Black Sea with the boundary between the Mediterranean and
        the Black Sea constituted by the parallel 41 degrees N; "unassessed
        liquid substance" (未經評估液體物質) means a liquid substance
        which is neither a noxious liquid substance nor a
        non-polluting substance and is not oil as defined in the Prevention of
        Oil Pollution Regulations.

(37 of 1990 s. 12; L.N. 87 of 1992)
---------------------------------------------------------------------------
--------------------------------------

   (a)  Cmnd. 5748; the Convention was amended in 1978 (Cmnd. 7347) and by
        amendments adopted by the Marine Environment Protection Committee of
        the International Maritime Organization on 5 December 1985, 17 March
        1989 and 30 October 1992. (L.N. 186 of 1995)

   (b)  Cmnd. 2511. "BCH Code" (散化規則) "BCH Code Certificate"
        (散化規則證書) "BCH Code Regulations" (散化規則規例)
        "Cargo Record Book" (貨物紀錄簿) "Category A substance"
        (A類物質), "Category B substance" (B類物質), "Category C
        substance" (C類物質) and "Category D substance" (D類物質)
        "chemical tanker" (化學品液貨船) "class-approved" (定類)
        "clean ballast" (清潔壓載) "constructed" (建造) "similar stage
        of construction" (相若建造階段) "Director" (處長) "high
        residue substance" (高殘餘量物質) "HKNLS Certificate"
        (香港有毒液體物質證書) "HKOPP Certificate"
        (香港防油污證書) "Hong Kong-trading" (在香港營運的) "IBC
        Code" (國際散化規則) "IBC Code Certificate"
        (國際散化規則證書) "IBC Code Regulations"
        (國際散化規則規例) "IMO" "IMO Standards"
        (國際海事組織標準) "INLS Certificate"
        (國際有毒液體物質證書) "IOPP Certificate"
        (國際防油污證書) "liquid substance" (液體物質) "MARPOL
        1973/78" (《1973/78年防污公約》) "Marpol surveyor"
        (防污公約驗船師) "Merchant Shipping Notice" (商船公告)
        "nearest land" (最近陸地) "from the nearest land"
        (距最近陸地)地) "non-polluting substance" (非污染物質)
        "noxious liquid substance" (有毒液體物質) "oil tanker" (油輪)
        "oil-like substance" (類似油類物質) "Prevention of Oil Pollution
        Regulations" (防止油類污染規例) "pre-washed" (預先清洗)
        "Procedures and Arrangements Manual" (程序及安排手冊)
        "provisionally listed" (暫時列類) "reception facility"
        (接收設施) "residual mixture" (殘餘混合物) "sea"
        (海、海域) "segregated ballast" (隔離壓載) "ship"
        (船、船舶) "Special Area" (特殊區域) "the Antarctic area"
        (南極區域) "the Baltic Sea area" (波羅的海區域) "the Black
        Sea area" (黑海區域) "unassessed liquid substance"
        (未經評估液體物質)