Hong Kong Regulations

MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION - SECT 1

Interpretation

(Past version on 30/06/1997).

PART I

GENERAL

(1) In this Regulation, unless the context otherwise requires-

"BCH Code" (散化規則) means the 1993 edition of the IMO Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

"Bulk Cargoes Code" (《散貨規則》) means the 1991 edition of the IMO
Code of Safe Practice for Solid Bulk Cargoes;

"correct technical name" (正確技術名稱) means a description of the goods
sufficient to identify their dangerous characteristics, including any proper
name described in the IMDG Code;

"dangerous goods" (危險貨物) means-

   (a)  goods classified in the IMDG Code or any other IMO publication as
        dangerous for carriage by sea; and

   (b)  any other substance or goods the properties of which might be
        dangerous if such substance or goods were carried by sea, and includes
        empty receptacles, and residues in empty tanks or cargo holds, which
        have been used previously for the carriage of dangerous  goods, except
        where such receptacles, empty tanks or cargo holds have been-

        (i)    cleaned and dried;

        (ii)   gas freed or ventilated as appropriate; or

        (iii)  where the previous contents were radioactive substances,
               cleaned and adequately closed, but shall not include goods
               forming part of the equipment or stores of the ship in which
               goods or substances are carried;

"dangerous goods declaration" (危險貨物聲明) means a certificate or
declaration in writing, signed by the person making it that the shipment
offered for carriage is properly classified, packaged, marked, labelled or
placarded, as appropriate, in accordance with the IMDG Code and is in a proper
condition for carriage by sea;

"durably marked" (加上耐久標記) means that the label or other marking in
accordance with this Regulation is such as to remain identifiable on
packages surviving at least 3 months immersion in the sea, and "durable"
(耐久) shall be construed accordingly;

"employee" (僱員) means a person (including the master but excluding dock
workers or shore based repairers and other workers temporarily employed on
board the ship) employed-

   (a)  in the navigational, engine, radio, medical or catering department of
        a ship; or

   (b)  in the provision of goods, services or entertainment on board;

"explosives" (爆炸品) are those articles and substances contained in Class
1 of the IMDG Code;

"flammable liquid" (易燃液體) means a liquid the flash point of which is
at or below 60 degrees Celsius (closed cup) in respect of bulk cargoes and at
or below 61 degrees Celsius (closed cup) in respect of packaged goods;
forwarder" (代運人) means the person by whom dangerous goods or marine
pollutants are delivered to the ship or its agent;

"handling" (處理) includes the operations of loading, unloading and
transferring dangerous goods and cleaning, purging, gas freeing, ullaging,
sounding, sampling and similar operations required for the carriage of such
goods in a ship;

"Hong Kong ship" (香港船舶) means a ship registered in Hong Kong;

"IBC Code" (《國際散化規則》) means the 1990 edition of the IMO
International Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk;

"IGC Code" (《液氣船規則》) means the 1993 edition of the IMO
International Code for the Construction and Equipment of Ships Carrying
Liquefied Gases in  Bulk;

"IMDG Code" (《海運危險貨物規則》) means the 1992 consolidated
edition of the International Maritime Dangerous Goods Code; "IMO" means the
International Maritime Organization;

"in bulk" (散裝) means directly and without intermediate form of containment
in a hold, tank or cargo space, which is a structural part of or permanently
attached to a ship;

"marine pollutant" (海洋污染物) means a substance which presents a hazard
to the marine environment and is identified in the IMDG Code as a marine 
pollutant;

"marine pollutant declaration" (海洋污染物聲明) means a certificate or
declaration in writing, signed by the person making it, that the shipment
offered for carriage is properly classified, packaged and marked in accordance
with the IMDG Code and is in a proper condition for carriage to minimize the
hazard to the marine environment;

"Merchant Shipping Notice" (商船公告) means a notice issued by the
Director and designated by an identifying number as a
Merchant Shipping Notice;

(64 of 1999 s. 3)

"package" (包裝物) means an individual package or receptacle described in
the IMDG Code and includes a freight container or a portable tank or tank
container or tank vehicle or other vehicle or other cargo unit containing
dangerous goods or marine pollutants for shipment, and "packaged" (經包裝)
shall be construed accordingly;

"packaged goods" (經包裝貨物) means packaged dangerous goods or packaged
marine  pollutants;

"shipowner" (船東) includes-

   (a)  where the ship is chartered by demise, the demise charterer;

   (b)  where the ship is managed by a ship management company, the manager;

"shipper" (付運人) means a person who, whether as principal or agent for
another, consigns for carriage by sea dangerous goods or marine pollutants;

"UN number" (聯合國編號) means the number allocated to the dangerous
substance or article by the United Nations Committee of Experts on the
Transport of Dangerous Goods specified in the eighth revised edition of their
publication "Recommendations on the Transport of Dangerous Goods" published in
1993 by the United Nations Organization.

(2) Any reference in this Regulation to the BCH Code, the Bulk  Cargoes Code,
the IBC Code, the IGC Code, the IMDG Code or the United
Nations 1993 publication entitled "Recommendations on the Transport of
Dangerous Goods" shall include a reference to such document as amended from
time to time.

(3) Where this Regulation requires the carriage of dangerous goods or
marine pollutants to be in accordance with a Code referred to in subsection
(2), and where the Director has by notice published in the Gazette specified
conditions in relation to such carriage, then (whether or not the Code
contains conditions on such matters) the Code shall have effect for the
purpose of this Regulation as if it contains the conditions
so specified by the Director. "Carriage" (運輸) in this subsection includes
packing, documentation, packaging, marking, labelling, stowage, segregation
and handling.

(4) The Director may-

   (a)  grant exemptions from all or any of the provisions of this Regulation
        in respect of classes of cases or individual cases as may be specified
        in the exemption; and

   (b)  after giving reasonable notice, vary or revoke any such exemption.
        (Enacted 1994)

"BCH Code" (散化規則)

"Bulk Cargoes Code" (《散貨規則》)

"correct technical name" (正確技術名稱)

"dangerous goods" (危險貨物)

"dangerous goods declaration" (危險貨物聲明)

"durably marked" (加上耐久標記)

"durable" (耐久)

"employee" (僱員)

"explosives" (爆炸品)

"flammable liquid" (易燃液體) forwarder" (代運人) " handling" (處理)
" Hong Kong ship" (香港船舶) " IBC Code" (《國際散化規則》) "
IGC Code" (《液氣船規則》) " IMDG Code"
(《海運危險貨物規則》) "IMO" " in bulk" (散裝) " marine pollutant"
(海洋污染物) " marine pollutant declaration" (海洋污染物聲明) "
Merchant Shipping Notice" (商船公告) " package" (包裝物) " packaged"
(經包裝) " packaged goods" (經包裝貨物) " shipowner" (船東) "
shipper" (付運人) " UN number" (聯合國編號)