Hong Kong Regulations

MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION - SECT 19

Carriage in bulk

PART IV

CARRIAGE OF DANGEROUS GOODS IN BULK

(1) Where a shipowner or master of a ship knows or ought to know that any
dangerous goods cannot safely be carried in bulk to the destination to which
they are consigned, he shall ensure that such goods are not loaded in bulk
into the ship.

(2) Any shipowner or master of a ship who fails to comply with subsection (1)
commits an offence.

(3) It shall be a defence in proceedings for an offence under this section for
the person charged to prove-

   (a)  that he did not know that the goods could not be safely carried as
        required by subsection (1);

   (b)  where the dangerous goods in question are goods listed in Chapter VI
        of the BCH Code, or in Chapter 17 of the IBC Code, or in Chapter 19 of
        the IGC Code, or are classified dangerous goods listed in Appendix B
        of the Bulk Cargoes Code, that they were loaded in accordance with the
        recommendations of whichever of those Codes was appropriate; or

   (c)  where the dangerous goods in question consist of a liquid chemical or
        a liquefied gas which is not listed in the Codes mentioned in
        paragraph (b), that they were handled and carried in accordance with
        conditions of carriage approved by the Director. (Enacted 1994)