Hong Kong Regulations

MERCHANT SHIPPING (BCH CODE) REGULATIONS - REGULATION 5

Issue of Certificate of Fitness

(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 under
regulation 4 of these regulations and under regulation 19 of the
Control of Pollution by Noxious Liquid Substances Regulations the Director
shall issue to a ship which complies with the relevant requirements of the
BCH Code and of the Control of Pollution by Noxious Liquid Substances 
Regulations a certificate called a Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk in the form so entitled set out in the appendix to
the BCH Code. Such certificate shall be issued for a period not exceeding 5
years beginning on the date of completion of the survey in question.

(2) A certificate shall cease to be valid-

   (a)  if any survey required by regulation 4(1)(c) or (d) is not completed
        within the period specified for that survey; or

   (b)  if any survey required by regulation 4(1)(e) is not completed within
        such reasonable time as the surveyor may specify; or

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

(3) In either of the cases specified in paragraph (2)(a) or (b) the owner
shall deliver up the certificate issued in relation to the ship to the
Director on demand.

(4) In the case of a ship which has transferred from registry in another State
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, notwithstanding
that the surveys were not carried out by a surveyor appointed as required by
regulation 4(2), that-

   (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 other
        State with a certificate of fitness 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 the BCH Code; and

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

   (a)  no change has been made in the structure, equipment, fittings,
        arrangements and materials covered by those surveys without the
        sanction of the government of that other State or of the Director,
        except by direct replacement, issue to that ship a Certificate of
        Fitness for the Carriage of Dangerous Chemicals in Bulk 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).

(5) 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, a Certificate of Fitness for the Carriage of Dangerous Chemicals
in Bulk to the ship.

(6) A Certificate issued under paragraph (5)-

   (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 a
        Certificate issued under paragraph (1).

(7) 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 a Certificate
of Fitness for the Carriage of Dangerous Chemicals in Bulk to that ship; and
such certificate shall contain a statement that it has been issued at the
request of the government in question.

(8) The Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk
shall be kept on board the ship and shall be available for inspection at all
reasonable times. (Enacted 1987)