Hong Kong Regulations

MERCHANT SHIPPING (IBC 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 (IBC 
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); "1983 IGC
Code" (1983年國際氣體規則) means the International Code for the
Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out
in the Annex to Resolution MSC. 5(48) adopted by the Maritime Safety Committee
of the International Maritime Organization on 17 June 1983; (L.N. 185 of 1995)
"1993 IGC Code" (1993年國際氣體規則) means the International Code for
the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk
published by the International Maritime Organization, as amended from time to
time; (L.N. 185 of 1995)

"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. 185
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);

"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;

"constructed" (建造) in regulation 2 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;

"IBC Code" (國際散化規則) means the International Code for the
Construction and Equipment of Ships Carrying Dangerous Chemical in Bulk (1994
Edition) published by the International Maritime Organization, as amended from
time to time; (L.N. 185 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;
"International Certificate of Fitness for the Carriage of Dangerous Chemicals
in Bulk" (國際散裝運輸危險化學品適裝證書) 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 1
of the IBC Code by or on behalf of the government of the State in which the
ship is registered; "MARPOL 1973/78" (《1973/78年防污公約》) means the
International Convention for Prevention of Pollution from Ships, 1973, as
amended (b);

"pollution hazard substance" (有污染危險的物質) means a substance
listed in column "a" of the table in Chapter 17 of the IBC Code and having
against it in column "d" thereof an entry "p" only. (L.N. 185 of 1995)

(3) In interpreting the IBC Code-

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

   (b)  the definitions set out in Chapter I, paragraph 1.3 thereof, shall
        apply;

   (c)  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)

   (d)  each of the references to regulations of the 1974 SOLAS Convention
        listed in column (2) of the table in the Schedule hereto shall be
        construed as a reference to the corresponding provisions contained in
        regulations made under the Merchant Shipping (Safety) Ordinance (
        Cap 369) and listed opposite to it in column (4) of that table; (L.N.
        185 of 1995)

   (e)  each of the references to regulations of the MARPOL 1973/78 listed in
        column (3) of the table in the Schedule hereto shall be construed as a
        reference to the corresponding provisions contained in regulations
        made under the Ordinance and listed opposite to it in column

(4) of that table. (L.N. 185 of 1995)

(37 of 1990 s. 12; L.N. 86 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
        the International Maritime Organization on 5 December 1985 and 17
        March 1989. "1974 SOLAS Convention"
        (《1974年國際海上人命安全公約》) "1983 IGC Code"
        (1983年國際氣體規則) "1993 IGC Code"
        (1993年國際氣體規則)

"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)

"chemical tanker" (化學品液貨船)

"constructed" (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)

"IBC Code" (國際散化規則)

"in bulk" (散裝) "International Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk" (國際散裝運輸危險化學品適裝證書)
"MARPOL 1973/78" (《1973/78年防污公約》) "pollution hazard substance"
(有污染危險的物質)