Hong Kong Regulations

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

Citation and interpretation

(Past version on 30/06/1997).

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 Director; 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; (64 of 1999 s. 3)

"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)
___________________________________________________________________________
______ Note:

   (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)

"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)