Hong Kong Regulations

MERCHANT SHIPPING (CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK) REGULATIONS - REGULATION 16

Emergency discharges

Regulations 3, 5, 6 and 11 to 14 shall not apply to any discharge into the sea
of a noxious liquid substance or unassessed liquid substance or mixture
containing any such substance-

   (a)  which is necessary for the purpose of securing the safety of a ship or
        saving life at sea; or

   (b)  which results from damage to a ship or its equipment: Provided that-

        (i)    all reasonable precautions were taken after the occurrence of
               the damage or discovery of the discharge to prevent or minimize
               the discharge; and

        (ii)   neither the owner nor the master acted either with intent to
               cause damage, or recklessly and with knowledge that damage
               would probably result; or

   (c)  where the substance or mixture in question is approved by the Director
        for use in combating specific pollution incidents in order to minimize
        the damage from pollution and the discharge is made with the approval
        of the Director or, if the discharge is to be made outside the waters
        of Hong Kong and in waters within the jurisdiction of any state, with
        the approval of the government of that state. (Enacted 1987)