Hong Kong Regulations

MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION - SECT 22

Defences

(Past version on 30/06/1997).

(1) It shall be a defence in any proceedings for an offence under Part II, III
or IV that the person charged took all reasonable steps to ensure compliance
with this Regulation.

(2) It shall be a defence in any proceedings for an offence under this
Regulation-

   (a)  that the person charged-

        (i)    neither knew nor ought to have known; or

        (ii)   had no reasonable grounds to suspect, that the goods were
               dangerous goods or marine pollutants as the case may be;

   (b)  that the goods were handled and carried in accordance with the
        provisions of the IMDG Code where appropriate;

   (c)  if the person charged is the shipowner or master, in the case of goods
        packed in a freight container or vehicle, that before the freight
        container or vehicle was taken on board the ship the person
        responsible for packing the goods into the freight container or
        vehicle had furnished the shipowner or master of the ship with a
        signed packing certificate certifying that the goods had been properly
        packed in the freight container or vehicle;

   (d)  that the goods being solid dangerous goods in bulk were being handled
        and carried in accordance with the Bulk Cargoes Code;

   (e)  that the goods being liquid chemical or gaseous dangerous goods
        in bulk were being handled and carried in accordance with the relevant
        requirements of the BCH Code, the IBC Code or the IGC Code; or

   (f)  that the goods were being carried in accordance with Merchant 
        Shipping Notices No. 1015, 1016 or 1017 where appropriate. (64 of 1999
        s. 3) (Enacted 1994)