Hong Kong Regulations

MERCHANT SHIPPING (BCH CODE) REGULATIONS - REGULATION 1

Citation and interpretation

(Past version on 01/07/2002).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) These regulations may be cited as the Merchant Shipping (BCH 
Code) Regulations.

(2) In these regulations the following expressions have the following
meanings- "1974 SOLAS Convention"
(《1974年國際海上人命安全公約》) means the International
Convention for the Safety of Life at Sea, 1974, as amended (a);

"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 the
International Maritime Organization, as amended from time to time; (L.N. 184
of 1995)

"Cargo Ship Safety Construction Certificate" (貨船構造安全證書),
"Cargo Ship
Safety Equipment Certificate" (貨船設備安全證書), "Cargo Ship Safety
Radiotelegraphy Certificate" (貨船無線電報安全證書) and "
Cargo Ship Safety  Radiotelephony Certificate"
(貨船無線電話安全證書) mean respectively the certificates so
entitled issued in conformity with the 1974 SOLAS Convention and, in the case
of a Hong Kong ship, under or pursuant to the
Merchant Shipping (Safety) Ordinance ( Cap 369);

"Category A" (A類), "Category B" (B類) and "Category C" (C類) mean
respectively, in relation to a substance, the category to which a substance
listed in column "a" of the table in Chapter 17 of the IBC Code is assigned by
having against it in column "c" of that table an entry "A", "B" or "C"
respectively; (L.N. 184 of 1995) "Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk" (散裝運輸危險化學品商適裝證書)
means, in relation to a Hong Kong ship, a certificate issued pursuant to
regulation 5 and, in relation to any other ship, a certificate issued in
conformity with Chapter I of the BCH Code by or on behalf of the government of
the State in which the ship is registered;

"chemical tanker" (化學品液貨船) means a self-propelled cargo ship
constructed or adapted and used for the carriage in bulk of any liquid
substance listed in Chapter 17 of the IBC Code; but does not include offshore
support vessels or dry cargo ships with deep tanks; (L.N. 184 of 1995)

"constructed" (建造) in the expressions "constructed on or after"
(放...或之後建
造) and "constructed before" (於...之前建造) 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 has commenced comprising at least 50 tonnes or 1
        per cent of the estimated mass of all structural material, whichever
        is the less;

"Control of Pollution by Noxious Liquid Substances Regulations"
(控制有毒液體物質污染 規例) means the Merchant Shipping (Control
of Pollution by Noxious Liquid Substances in Bulk) Regulations ( Cap 413 sub.
leg. B);

"Director" (處長) means the Director of Marine;

"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 the International Maritime Organization, as amended from
time to time; (L.N. 184 of 1995)

"in bulk" (散裝) means directly and without intermediate form of containment
in a tank forming an integral part of or permanently located on, a ship;

"internationally-trading" (國際營運的) means engaged otherwise than as a
Hong Kong- trading ship; "MARPOL 1973/78" (《1973/78年防污公約》) means
the International Convention for the Prevention of Pollution from Ships, 1973,
as amended (b).

(3) In interpreting the BCH Code-

   (a)  the provisions of the BCH Code having been made mandatory under
        regulation 3 the language thereof shall be construed accordingly;

   (b)  the definitions set out in Chapter I, paragraph 1.4 thereof, shall
        apply;

   (c)  the footnotes to Part A of Chapter II, to paragraphs 2.14.1,
        2.15.6(b), 3.13, 3.14, 3.15.2, 3.16.4 and to Chapter 17 of the
        IBC Code shall be construed as an integral part of the BCH Code; (L.N.
        184 of 1995)

   (d)  references to the Administration shall, in relation to Hong Kong
        ships, be references to the Secretary for Transport and Housing; and
        references to the Port Administration shall, in relation to all ships
        in the waters of Hong Kong, be references to the Director; (L.N. 106
        of 2002; L.N. 130 of 2007)

   (e)  for the second sentence of the footnote to paragraph 3.13 there shall
        be substituted: "All chemical tankers constructed after 20 May 1980
        but before 1 September 1984 are to comply with section 3. 13 of the
        1980 edition of this Code.";

   (f)  each of the references to regulations of the 1974 SOLAS Convention
        listed in columns (1) and (2) of table 1 and table 2 in the Schedule
        hereto shall be construed as a reference to the corresponding
        provision contained in regulations made under the Merchant Shipping 
        (Safety) Ordinance ( Cap 369) and listed opposite to it in column (3)
        of those tables.

(37 of 1990 s. 12; L.N. 85 of 1992)
___________________________________________________________________________
______ Note:

   (a)  Cmnd. 7874; the Convention was amended by the Protocol of 1978 (Cmnd.
        7346) and by amendments adopted by the Maritime Safety Committee of
        the International Maritime Organization on 20 November 1981, 17 June
        1983, 21 April 1988, 28 October 1988 and 11 April 1989.

   (b)  Cmnd. 5748; the Convention was amended in 1978 (Cmnd. 7347) and by
        amendments adopted by the Marine Environment Protection Committee of
        IMO on 5 December 1985 and 17 March 1989. "1974 SOLAS Convention"
        (《1974年國際海上人命安全公約》)

"BCH Code" (散化規則)

"Cargo Ship Safety Construction Certificate" (貨船構造安全證書),
"Cargo Ship
Safety Equipment Certificate" (貨船設備安全證書), "Cargo Ship Safety
Radiotelegraphy Certificate" (貨船無線電報安全證書) and "
Cargo Ship Safety  Radiotelephony Certificate"
(貨船無線電話安全證書)

"Category A" (A類), "Category B" (B類) and "Category C" (C類) "Certificate
of Fitness for the Carriage of Dangerous Chemicals in Bulk"
(散裝運輸危險化學品商適裝證書) "chemical tanker"
(化學品液貨船) "constructed" (建造) "constructed on or after"
(放...或之後建造) and "constructed before" (於...之前建造) "similar
stage of construction" (相若建造階段) "Control of Pollution by Noxious
Liquid Substances Regulations" (控制有毒液體物質污染 規例)
"Director" (處長) "Hong Kong-trading" (在香港營運的) "IBC Code"
(國際散化規則) "in bulk" (散裝) "internationally-trading"
(國際營運的) "MARPOL 1973/78" (《1973/78年防污公約》)