MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - CHAPTER 414A MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 414, sections 15 and 16)* [18 June 1976] (L.N. 139 of 1976) ___________________________________________________________________________ ______ Note: * These regulations were made under section 10(1) and (4) and section 11(3) of the Merchant Shipping (Oil Pollution) Act 1971 as extended to Hong Kong by the Merchant Shipping (Oil Pollution) (Hong Kong) Order 1975. See sections 15, 16 and 32(1) of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance, enacted in 1990 (Cap 414). MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 These regulations may be cited as the Merchant Shipping (Liability and Compensation for Oil Pollution) (Compulsory Insurance) Regulations. (38 of 1990 s. 32(1)) MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 2 (Repealed 19 of 2003 s. 6) VerDate:30/05/2003 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 In these regulations, unless the context otherwise requires- "certificate" (證明書) means a document certifying that there is in force in respect of a ship to which section 15(2) of the Ordinance applies a contract of insurance or other security referred to in that subsection; "Liability Convention country" (公約地區) has the meaning assigned to it in section 5(1) of the Ordinance. (38 of 1990 s. 32(1)) "certificate" (證明書) "Liability Convention country" (公約地區) MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 3 (Repealed 19 of 2003 s. 6) VerDate:30/05/2003 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 3 Definition of "persistent oil" VerDate:30/06/1997 For the purpose of section 15(1) of the Ordinance "persistent oil" (低揮發性油 類) means any of the following- (a) hydrocarbon mineral oils whether crude or distilled, including crude coal tar and the oil residue of tank cleaning operations necessitated by the carriage of any such oils, but excluding those oils which consist wholly of distillate fractions of which more than 50 per cent by volume distil at 340o centigrade when tested by the "American Society for Testing and Materials Specification D86/67" in the case of oils derived from petroleum and at 350o centigrade in the case of oils derived from coal tar; (b) residual oil, consisting of mineral hydrocarbons comprising the residues of the process of distilling or refining crude petroleum or of both such processes, and any mixture containing such residual oil; (c) whale oil. (38 of 1990 s. 32 (1)) "persistent oil" (低揮發性油類) MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 4 (Repealed 19 of 2003 s. 6) VerDate:30/05/2003 MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 4 Recognition of certificates VerDate:30/06/1997 (1) Subject to paragraph (2), certificates for ships registered in any country which is not a Liability Convention country shall be recognized for the purposes of section 15(4)(c) of the Ordinance if issued by or under the authority of the government of any of the following countries, namely- Denmark, Federal Republic of Germany, France, Greece, Netherlands, Norway, Spain, Sweden, United Kingdom. (2) Where a ship such as is mentioned in paragraph (1) is engaged on a Hong Kong voyage, a certificate relating to that ship shall not, by virtue of that paragraph, be recognized for the purposes of section 15(4)(c) of the Ordinance unless the certificate has, and is expressed to have, as the period of its validity a period ending not earlier than the completion of that Hong Kong voyage. (3) For the purposes of paragraph (2), "Hong Kong voyage" (香港航程) means any voyage by a ship- (a) from a place in Hong Kong to another place in Hong Kong; or (b) from a place outside Hong Kong to a place in Hong Kong; or (c) from a place in Hong Kong to a place outside Hong Kong, and the reference to the duration of such a voyage shall be taken as comprising the whole of any period during which the ship is engaged in that voyage, including any time during which, in connection with the voyage, it is in a place in Hong Kong. (38 of 1990 s. 32(1)) (L.N. 73 of 1977; 38 of 1990 s. 32(1)) "Hong Kong voyage" (香港航程) MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 5 Fees for certificates VerDate:30/06/1997 The fee to be paid on application for a certificate to be issued under section 16 of the Ordinance shall be $535. (L.N. 151 of 1985; 38 of 1990 s. 32(1); L.N. 248 of 1992; L.N. 334 of 1993; L.N. 336 of 1994; L.N. 273 of 1995) MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) (COMPULSORY INSURANCE) REGULATIONS - REGULATION 6 Cancellation and delivery up of certificates VerDate:30/06/1997 (1) Where at any time while a certificate under section 16 of the Ordinance is in force the person to whom the certificate has been issued ceases to be the owner of the ship to which the certificate relates, he shall forthwith deliver up the certificate to the Director and in such a case the certificate shall be cancelled. (2) Where at any time while a certificate under section 16 of the Ordinance is in force it is established in any legal proceedings that the contract of insurance or other security in respect of which the certificate was issued is or may be treated as invalid, the certificate may be cancelled by the Director and if so cancelled shall on demand forthwith be delivered up to him by the person to whom it was issued. (3) Where at any time while a certificate under section 16 of the Ordinance is in force circumstances arise in relation to the insurer or guarantor named in the certificate (or, where more than one is so named, to any of them) such that, if the certificate were applied for at that time, the Director would be entitled to refuse the application under subsection(2) of that section, the certificate may be cancelled by the Director and if so cancelled shall on demand forthwith be delivered up to him by the person to whom it was issued. (38 of 1990 s. 32(1))