Hong Kong Regulations

MERCHANT SHIPPING (CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK) REGULATIONS - REGULATION 24

Issue of INLS and HKNLS Certificates

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) Upon satisfactory completion of an initial or periodical survey the
Director shall issue to a ship which complies with the relevant requirements
of these regulations (except one to which a BCH Code  Certificate or an
IBC Code Certificate is to be issued)-

   (a)  in the case of a Hong Kong-trading ship, an HKNLS Certificate in a
        form specified by the Director; or

   (b)  in the case of any other ship, an INLS Certificate, in the form set
        out in Appendix V to Annex II to MARPOL 1973/78, and such Certificate
        shall be issued for a period not exceeding 5 years beginning on the
        date of completion of the survey in question.

(2) Where a chemical tanker in respect of which a BCH Code  Certificate or an
IBC Code Certificate has been or is to be issued, is so constructed, equipped
and arranged that it would, but for the exception contained in paragraph (1),
be entitled under that paragraph to an INLS  Certificate or HKNLS Certificate
covering substances other than those listed in the BCH Code or the IBC Code as
the case may be, the Director shall, if the owner of the chemical tanker so
requests, include in the BCH  Code Certificate or IBC Code Certificate as the
case may be, provisions covering carriage of those substances by that
chemical tanker.

(3) An INLS or HKNLS Certificate shall cease to be valid-

   (a)  if any survey required by regulation 23(1)(c) or (d) is not completed
        within the period specified for that survey; or

   (b)  if any survey required by regulation 23(1)(e) is not completed within
        such reasonable time as the surveyor may specify; or

   (c)  upon transfer of the ship to a non-Hong Kong registry. (64 of 1999 s.
        3)

(4) In either of the cases specified in sub-paragraph (a) or (b) of paragraph
(3) the owner shall deliver up the certificate issued in relation to the ship
to the Director on demand.

(5) In the case of a ship which has transferred from registry in a state party
to MARPOL 1973/78 to registry in Hong Kong the Director may, subject to such
requirements as to survey or otherwise as he may think fit, if he is satisfied
that, notwithstanding that the surveys were not carried out by a surveyor
appointed as required by regulation 23(2)(a)-

   (a)  the ship has already been subjected to a satisfactory initial or
        periodical survey and to any intermediate, annual or additional
        surveys required; and

   (b)  the ship was issued by or on behalf of the government of that state
        with an INLS Certificate which would, but for the change of registry,
        have remained valid; and

   (c)  the condition of the ship and its equipment has been maintained in
        conformity with the provisions of these regulations; and

   (d)  since completion of the surveys referred to in sub-paragraph

   (a)  no change has been made in the structure, equipment, systems,
        fittings, arrangements and materials covered by those surveys without
        the sanction of the government of that state or of the Director,
        except by direct replacement, issue to that ship an INLS or
        HKNLS Certificate for a period to be determined by the Director, but
        expiring not later than the expiry date of the certificate referred to
        in sub-paragraph (b).

(6) The Director may request the government of a state party to MARPOL 1973/78
to survey a Hong Kong ship and, if that government is satisfied that the
provisions of the convention are complied with, it shall issue, or authorize
the issue of, an INLS Certificate to the ship.

(7) An INLS Certificate issued under paragraph (6)-

   (a)  shall contain a statement to the effect that it has been issued at the
        request of the Hong Kong Government; and

   (b)  shall have the same force and receive the same recognition as an
        INLS Certificate issued under paragraph (1).

(8) The Director may, at the request of the government of a state party to
MARPOL 1973/78, survey a ship registered in that state and entitled to fly the
flag of that state as if it were a Hong Kong ship and, if satisfied that the
provisions of the convention are complied with, he shall issue an
INLS Certificate to that ship; and such certificate shall contain a statement
that it has been issued at the request of the government in question.

(9) The INLS or HKNLS Certificate, as the case may be, shall be kept on board
the ship and shall be available for inspection at all reasonable times.
(Enacted 1987)