Hong Kong Regulations

MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 25

Actions against ships that are not fit to proceed to sea without presenting unreasonable threat of harm to marine environment, etc.

(1) If the Director has reasonable ground to believe that-

   (a)  the condition of a ship in respect of which an ISPP Certificate has
        been issued, or its equipment, does not correspond substantially with
        the particulars contained in the Certificate; or

   (b)  the condition of a ship in respect of which an ISPP Certificate has
        been issued is such that the ship is not fit to proceed to sea without
        presenting an unreasonable threat of harm to the marine environment,
        he may appoint a surveyor to carry out an investigation and report to
        him.

(2) Where the Director appoints a surveyor under subsection (1), the Director
shall inform the company or the master of the ship concerned of the
appointment.

(3) If, on receiving a report under subsection (1) concerning a
Hong Kong ship, the Director is satisfied that-

   (a)  the matter referred to in subsection (1)(a) or (b) is established; and

   (b)  the corrective action which in the opinion of the surveyor is required
        has not been taken within the period specified by the surveyor or, in
        the absence of such a specified period, a reasonable period, the
        Director may, by notice in writing to the company of the ship, suspend
        the validity of the ISPP Certificate issued in respect of the ship.

(4) On receiving a notice under subsection (3), the company of the ship
concerned shall forthwith cause to be delivered to the Director the
ISPP Certificate issued in respect of the ship.

(5) Where the validity of an ISPP Certificate issued in respect of a
Hong Kong ship has been suspended under subsection (3), the company of the
ship may, after the corrective action referred to in subsection (3)(b) has
been taken in respect of the ship, apply to the Director for the restoration
of the validity of the Certificate.

(6) On receiving an application for the restoration of the validity of an
ISPP Certificate under subsection (5), the Director shall, if he is satisfied
that the corrective action referred to in subsection (3)(b) has been taken in
respect of the Hong Kong ship concerned after the suspension, restore the
validity of the Certificate.

(7) Where the Director restores the validity of an ISPP Certificate under
subsection (6), he shall notify the company of the Hong Kong ship concerned in
writing of the restoration and return the Certificate to the company.