MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - CHAPTER 413A MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 413, section 3)* [28 December 1984] (L.N. 429 of 1984) ___________________________________________________________________________ ______ Note: * These regulations were made under Article 3(1) of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 (S.I. 1983/1106 U.K.) as modified and extended to Hong Kong by the Merchant Shipping (Prevention of Oil Pollution) (Hong Kong) Order 1984 (S.I. 1984/1153 U.K.). See sections 3 and 12(1)(b) of the Merchant Shipping (Prevention and Control of Pollution) Ordinance, enacted in 1990 (Cap 413). MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 1 Citation and interpretation VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART I GENERAL (1) These regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution) Regulations. (2) In these Regulations, except where the context otherwise requires- "amidships" (船舯) means at the middle of the length (L); "Annex I" (附件I) means Annex I to the Convention (which sets out regulations for the prevention of pollution by oil); "anniversary date" (周年日期) means the date in each year corresponding to the date of expiry of the IOPP Certificate; "approved" (獲批准) means approved by the Director; (37 of 1990 s. 12) "area" (面積) in relation to a ship shall be calculated in all cases to moulded lines; "breadth" (船寬) (B) means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material, measured in metres; "centre tank" (中間液艙) means any tank inboard of a longitudinal bulkhead; "Certifying Authority" (核證當局) means the Director or any person authorized by the Secretary for Transport and Housing; (64 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007) "chemical tanker" (化學品液貨船) means a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker when carrying a cargo or part cargo of noxious liquid substances in bulk; "clean ballast" (清潔壓載) means the ballast in a tank which, since oil was last carried therein, has been so cleaned that the effluent therefrom, if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an approved oil discharge monitoring and control system, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 ppm shall be determinative that the ballast was clean, notwithstanding the presence of visible traces; "combination carrier" (油類/散貨而用船) means a ship designed to carry either oil or solid cargoes in bulk; "Convention country" (公約國) means a country which is a Party to the Convention; "crude oil" (原油) means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes- (a) crude oil from which certain distillate fractions may have been removed; and (b) crude oil to which certain distillate fractions may have been added; "crude oil tanker" (原油油輪) means an oil tanker engaged in the trade of carrying crude oil; "deadweight" (載重量) (DW) means the difference in metric tons between the displacement of a ship in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship; "Director" (處長) means the Director of Marine; "existing ship"(現有船舶), without prejudice to regulation 17(2), means a ship which is not a new ship; "filtering equipment" (過濾設備) means filters or any combination of separators and filters which are designed to produce effluent containing not more than 15 ppm of oil; "forward and after perpendiculars" (首尾垂線) shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured; "GRT" (總註冊噸位) means gross registered tonnage and the gross registered tonnage of a ship having alternative gross registered tonnages shall be taken to be the larger of those tonnages; "harmful substance" (有害物質) means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes oil; "HKOPP Certificate" (香港防油污證書) means the Hong Kong Oil Pollution Prevention Certificate; "Hong Kong oil tanker" (香港油輪) means an oil tanker which is registered in Hong Kong; "IBC Code" (國際散化規則) means the International Code for the Construction and Equipment of Ships Carrying Chemicals in Bulk (1990 Edition) published by the International Maritime Organization as amended; (L.N. 641 of 1994) "IMO" means the International Maritime Organization; (L.N. 641 of 1994) "instantaneous rate of discharge of oil content" (瞬時油量排放率) means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant; "IOPP Certificate" (國際防油污證書) means the International Oil Pollution Prevention Certificate; "length" (船長度) (L) means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length (L) shall be measured in metres; "lightweight" (空載排水量) means the displacement of a ship in metric tons without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects; "major conversion" (重大改裝) means a conversion of an existing ship- (a) which substantially alters the dimensions or carrying capacity of the ship; or (b) which changes the type of the ship; or (c) the intent of which in the opinion of the Director is substantially to prolong its life; or (d) which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of the Protocol(a) not applicable to it as an existing ship; but conversion of an existing oil tanker- (i) of 20000 tons deadweight and above to meet the requirements of regulation 18; or (ii) to meet the requirements of regulation 23A or 23B, shall not be deemed to constitute a major conversion; (L.N. 641 of 1994) "Merchant Shipping Notice" (商船公告) means a Notice described as such, issued by the Director, and any reference to a particular Merchant Shipping Notice includes a reference to that Notice as amended from time to time by a subsequent Notice; (64 of 1999 s. 3) "mile" (浬) means an international nautical mile that is to say a distance of 1852 metres; "nearest land" (最近陸地) in relation to all land other than the part of Australia specified below, "from the nearest land" (距最近陸地) means from the nearest base-line from which the territorial sea of any territory is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone 1958(b); and in relation to the part of the North-eastern coast of Australia which lies between the points 11 degrees 00'S, 142 degrees 08'E and 24 degrees 42'S, 153 degrees 15'E, "from the nearest land" (距最近陸地) means from the nearest of the straight lines joining consecutively the following points- 11 degrees 00'S, 142 degrees 08'E; 10 degrees 35'S, 141 degrees 55'E; 10 degrees 00'S, 142 degrees 00'E; 9 degrees 10'S, 143 degrees 52'E; 9 degrees 00'S, 144 degrees 30'E; 13 degrees 00'S, 144 degrees 00'E; 15 degrees 00'S, 146 degrees 00'E; 18 degrees 00'S, 147 degrees 00'E; 21 degrees 00'S, 153 degrees 00'E and 24 degrees 42'S, 153 degrees 15'E.; "new ship" (新船), except as provided in regulation 17(1), means a ship- (a) for which the building contract was placed after 31 December 1975; or (b) in the absence of a building contract, the keel of which was laid or which was at a similar stage of construction after 30 June 1976; or (c) the delivery of which is after 31 December 1979; or (d) which has undergone a major conversion- (i) for which the contract was placed after 31 December 1975; or (ii) in the absence of a contract, the construction work of which was begun after 30 June 1976; or (iii) which is or was completed after 31 December 1979; "oil" (油、油類) means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products, other than petrochemicals specified in Merchant Shipping Notice No. 1011; (64 of 1999 s. 3) "oil fuel" (油類燃料) means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried; "oil tanker" (油輪) means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier or a chemical tanker when it is carrying a cargo or part cargo of oil in bulk; "oily mixture" (油性混合物) means a mixture with any oil content; "the Organization" (組織) means the International Maritime Organization; "permeability" (滲透率) of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space; "ppm" means parts per million; "product carrier" (成品油油輪) means an oil tanker engaged in the trade of carrying oil other than crude oil; "sea" (海、海域) includes any estuary or arm of the sea; "segregated ballast" (隔離壓載) means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious liquid substances; "separating equipment" (離析設備) means either separators or filters, or any combination of them, which are designed to produce effluent containing not more than 100 ppm of oil; "ship" (船、船舶) means a vessel of any type whatsoever operating in the marine environment including waters navigable by sea-going vessels and includes submersible craft, floating craft and a structure which is a fixed or floating platform but excludes hovercraft; "slop tank" (污水艙) means a tank specifically designed for the collection of tank drainings, tank washings and other oily mixtures; "special area" (特殊區域) means a sea area where, for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic, the adoption of special mandatory methods for the prevention of sea pollution by oil is required, and shall include those areas listed in regulation 16; "surveyor" (驗船師) means a surveyor appointed by the Certifying Authority or the Secretary for Transport and Housing; (L.N. 106 of 2002; L.N. 130 of 2007) "tank" (液艙) means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk; "type 2 cargo tank" (第2型貨油艙) means a cargo tank in a type 2 ship as defined in the IBC Code; (L.N. 641 of 1994) "volume" (容積) in relation to a ship shall be calculated in all cases to moulded lines; "wing tank" (翼液艙) means any tank adjacent to the side shell plating. (37 of 1990 s. 12; L. N. 177 of 1991; 23 of 1998 s. 2) ___________________________________________________________________________ ______ Note: (a) Cmnd. 7347. (b) Cmnd. 2511. "amidships" (船舯) "Annex I" (附件I) "anniversary date" (周年日期) "approved" (獲批准) "area" (面積) "breadth" (船寬) (B) "centre tank" (中間液艙) "Certifying Authority" (核證當局) "chemical tanker" (化學品液貨船) "clean ballast" (清潔壓載) "combination carrier" (油類/散貨而用船) "Convention country" (公約國) "crude oil" (原油) "crude oil tanker" (原油油輪) "deadweight" (載重量) (DW) "Director" (處長) "existing ship"(現有船舶) "filtering equipment" (過濾設備) "forward and after perpendiculars" (首尾垂線) "GRT" (總註冊噸位) "harmful substance" (有害物質) "HKOPP Certificate" (香港防油污證書) "Hong Kong oil tanker" (香港油輪) "IBC Code" (國際散化規則) "IMO" "instantaneous rate of discharge of oil content" (瞬時油量排放率) "IOPP Certificate" (國際防油污證書) "length" (船長度) (L) "lightweight" (空載排水量) "major conversion" (重大改裝) "Merchant Shipping Notice" (商船公告) "mile" (浬) "nearest land" (最近陸地) "from the nearest land" (距最近陸地) "new ship" (新船) "oil" (油、油類) "oil fuel" (油類燃料) "oil tanker" (油輪) "oily mixture" (油性混合物) "the Organization" (組織) "permeability" (滲透率) "ppm" "product carrier" (成品油油輪) "sea" (海、海域) "segregated ballast" (隔離壓載) "separating equipment" (離析設備) "ship" (船、船舶) "slop tank" (污水艙) "special area" (特殊區域) "surveyor" (驗船師) "tank" (液艙) "type 2 cargo tank" (第2型貨油艙) "volume" (容積) "wing tank" (翼液艙) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 2 Applications and exemptions VerDate:30/06/1997 (1) Unless expressly provided otherwise, these Regulations apply to- (a) Hong Kong ships; and (b) other ships while they are within the waters of Hong Kong. (2) These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. (3) Any new type of ship whose constructional features are such as to render the application of any of the provisions of regulation 10 to 30 of these Regulations relating to construction and equipment unreasonable or impracticable may be exempted by the Director from those provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended. Particulars of any such exemption granted by the Director shall be indicated in the IOPP or HKOPP Certificate referred to in regulation 7. (4) In ships, other than oil tankers, fitted with cargo spaces which are constructed and used to carry oil in bulk of an aggregate capacity of 200 cubic metres or more, the requirements of regulations 10, 12, 13, 15(1), (2) and (3), 16, 24, 26 and 28(4) for oil tankers shall also apply to the construction and operation of these spaces, except that where such aggregate capacity is less than 1000 cubic metres it shall be sufficient to comply with the requirements of regulation 15(4) as if they applied to the ship in lieu of those of regulation 15(1), (2) and (3). (5) The Director may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 3 Equivalents VerDate:30/06/1997 The Director may permit any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by these Regulations if such fitting, material, appliance or apparatus is at least as effective as that required by these Regulations, but shall not permit the substitution of operational methods to control the discharge of oil as being equivalent to those design and construction features which are prescribed by these Regulations. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 4 Surveys before issue of an IOPP or HKOPP Certificate VerDate:05/11/1999 PART II SURVEYS, CERTIFICATES AND OIL RECORD BOOK (1) The owner of every Hong Kong oil tanker of 150 GRT and above and every other Hong Kong ship of 400 GRT and above, shall cause the same to be surveyed before the ship is put into service or before an IOPP Certificate or HKOPP Certificate in respect of the ship is issued for the first time, and thereafter at intervals not exceeding five years by a surveyor. Any application for a survey shall be accompanied by calculations in accordance with Part V of these Regulations and such information relating to the ship as the Certifying Authority may require for the purposes of the survey. (2) A Certifying Authority shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a surveyor. (3) The surveyor shall survey the ship and satisfy himself that its structure, equipment, systems, fittings, arrangements and material are in accordance with the requirements of these Regulations and that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems, oily water separating equipment and oil filtering systems are in good working order. (4) The initial and any renewal survey to be carried out under this regulation shall be in accordance with the procedures specified in Merchant Shipping Notice 1012. (64 of 1999 s. 3) (5) The surveyor, if satisfied on the survey that he may properly do so, shall forward to the Certifying Authority a declaration of survey containing such particulars of the ship as are required by the Certifying Authority to enable him to issue the appropriate Certificate in respect of the ship. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 5 Annual survey VerDate:05/11/1999 (1) The owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall, so long as the certificate remains in force, cause the ship to be subject to an annual survey, which shall be carried out within three months before or after the anniversary date of the IOPP Certificate, provided that no annual survey shall be required when the intermediate survey pursuant to regulation 6 is carried out within three months before or after the anniversary date of the IOPP Certificate. (2) A Certifying Authority shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a surveyor. (3) The surveyor shall survey the ship in accordance with the procedures specified in Merchant Shipping Notice 1012 and satisfy himself- (64 of 1999 s. 3) (a) that such of the parts of the ship and its equipment specified in that Merchant Shipping Notice as are the subject of the application for survey remain efficient; and (b) that no material alterations have been made in the structure, equipment, systems, fittings, arrangements and material to which the IOPP Certificate relates without the approval of a Certifying Authority. (4) On completion of the survey in accordance with the requirements of the preceding paragraph the surveyor shall, where he is so satisfied, endorse the IOPP Certificate to that effect. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 6 Intermediate survey VerDate:05/11/1999 (1) The owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall so long as the Certificate remains in force cause the ship to be subject to an intermediate survey during the period of validity of the Certificate. This intermediate survey shall be held not earlier than six months before nor later than six months after the half-way date of the period of validity of the Certificate. (2) A Certifying Authority shall upon receipt of an application for a survey and any fee payable on such application cause the ship to be surveyed by a surveyor. (3) The surveyor shall survey the ship in accordance with the procedures specified in Merchant Shipping Notice 1012 and satisfy himself- (64 of 1999 s. 3) (a) that such of the parts of the ship and its equipment specified in that Merchant Shipping Notice as are the subject of the application for survey are in good working order and fully comply with these Regulations; (b) that no material alterations have been made in the structure, equipment, systems, fittings, arrangements and material to which the IOPP Certificate relates without the approval of a Certifying Authority. (4) On completion of the survey in accordance with the requirements of the preceding paragraph, the surveyor, where he is so satisfied, shall endorse the IOPP Certificate to that effect and forward a report to the Certifying Authority. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 7 Issue and duration of IOPP and HKOPP Certificate VerDate:30/06/1997 (1) The Certifying Authority shall, on receipt of a declaration of survey under regulation 4(5) which relates to a Hong Kong ship, issue to the ship the appropriate Certificate in duplicate which- (a) in the case of an oil tanker of 150 GRT and above and any other ship of 400 GRT and above which is engaged in voyages to ports or off-shore terminals under the jurisdiction of other Parties to the Convention, is an IOPP Certificate; and (b) in the case of any other oil tanker of 150 GRT and above and any other ship of 400 GRT and above, is a HKOPP Certificate. (2) The Director may request the Government of another Party to the Convention to survey a Hong Kong ship and, if they are satisfied that the provisions of Annex I to the Convention are complied with, they shall issue, or authorize the issue of, an IOPP Certificate in duplicate to the ship. (3) A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Hong Kong Government and it shall have the same force and receive the same recognition as a Certificate issued under paragraph (1) of this regulation. (4) The Director may at the request of the Government of another Party to the Convention survey a ship registered in that State and entitled to fly the flag of that State as if it were a Hong Kong ship, and, if satisfied that the provisions of Annex I to the Convention are complied with, shall issue an IOPP Certificate to that ship; a Certificate so issued shall contain a statement that it has been issued at the request of the Government in question. (5) The appropriate Certificate shall be in one of the forms set out in Schedule 1 hereto or, in the case of an IOPP Certificate, in a form corresponding to the model set out in Appendix II of Annex I of the Convention, and shall be expressed to be valid for a period not exceeding five years from the date of issue: provided that in the case of an oil tanker operating with dedicated clean ballast tanks for one of the limited periods specified in regulation 18(9) the period of validity of the Certificate shall not exceed such specified period. (6) A Certificate issued by a Certifying Authority shall cease to be valid- (a) if without the approval of a Certifying Authority significant alterations have taken place in the construction, equipment, systems, fittings, arrangements or material required by the Regulations, other than the direct replacement of such equipment or fittings; (b) in the case of an IOPP Certificate, if the intermediate survey required by regulation 6 is not carried out within the period specified in that regulation; or (c) if the ship transfers to the flag of another State. (7) One copy of the appropriate Certificate shall be kept on board every Hong Kong ship which is either an oil tanker of 150 GRT or above or a ship of 400 GRT or above, other than an oil tanker and shall be available for inspection at all reasonable times. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 8 Responsibilities of owner and master VerDate:01/07/1997 Adaptation amendments retroactively made-see 23 of 1998 s. 2 (1) The owner and master of every ship to which these Regulations apply shall each ensure that the condition of the ship and its equipment is maintained so as to comply with the relevant provisions of these Regulations. (2) After any survey of a Hong Kong ship required by these Regulations has been completed, no material change shall be made in the structure, equipment, systems, fittings, arrangements or material subject to such survey without the approval of a Certifying Authority. (3) Whenever an accident occurs to a Hong Kong ship or a defect is discovered, either of which affects the integrity of a ship or the efficiency or completeness of its equipment, it shall be reported by the master or (if the master fails to do so) the owner at the earliest opportunity to the Director who may cause investigations to be initiated to determine whether a survey by a surveyor is necessary and may in that event require such a survey to be carried out. If a ship is in a port (other than a port in the waters of Hong Kong) of a country which is a Party to the Convention the master or (if the master fails to do so) the owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated and the Director shall ascertain that such a report has been made. (23 of 1998 s. 2) (4) (a) If an accident has occurred to or a defect has been discovered in or on any ship which is not a Hong Kong ship and which is for the time being in the waters of Hong Kong, and the accident or defect is such as to affect the integrity of the ship or the efficiency or completeness of its equipment, the owner or (if he fails to do so) the master shall make a report immediately to the Director and where appropriate to the authority responsible for issuing an IOPP Certificate to the ship; (b) The owner or (if he fails to do so) the master shall report the results of any investigation or survey initiated by the authority responsible for issuing the IOPP Certificate to the ship to the Director, who may detain the ship until such a report has been made. (c) If within a reasonable period the Director is not satisfied that a full and proper report has been made to the authority responsible for issuing an IOPP Certificate to the ship, or that the action taken is sufficient to restore the integrity of the ship or the efficiency or completeness of its equipment, he may take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. Without prejudice to any other action he may take, the Director may request the authority responsible for issuing an IOPP Certificate to the ship to carry out such surveys and inspections as he may consider to be necessary to establish that the condition of the ship is such that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 9 Procedure to be adopted when corrective action is necessary VerDate:30/06/1997 (1) In any case where the Certifying Authority determines that the condition of a Hong Kong ship or its equipment does not correspond with the particulars of the IOPP or HKOPP Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, the Certifying Authority shall advise the owner or master of the corrective action which in its opinion is required, and shall give notice thereof to the Director. (2) If such corrective action is not taken within such period (being a reasonable period) as the Certifying Authority may specify, the Certifying Authority shall, at the end of that time, immediately notify the Director who may, on receipt of such notification, suspend the validity of the IOPP or HKOPP Certificate issued in relation to the ship and shall give notice of any such suspension to the owner and to the Certifying Authority. (3) The master shall thereupon deliver up the Certificate issued in relation to the ship to the Certifying Authority on demand and the owner shall on receipt of notice of suspension deliver up the duplicate Certificate to the Director. (4) When the Certifying Authority is satisfied that corrective action has been taken it shall notify the Director. The Director shall thereupon, in any case where the validity of the Certificate has been suspended- (a) restore the validity of the Certificate; (b) give notice thereof to the Certifying Authority and the owner; and (c) return the duplicate Certificate to the owner. The Certifying Authority shall return the Certificate issued in relation to the ship to the master. (5) Where the ship is in a port (other than a port in the waters of Hong Kong) of a country which is a Party to the Convention and corrective action in accordance with paragraph (2) of this regulation has not been taken, the Certifying Authority shall in addition immediately notify the appropriate authorities of the country in which the port is situated. (6) Where, in the case of a ship (other than a Hong Kong ship) of a country which is a Party to the Convention which is for the time being in a port in the waters of Hong Kong, the nominated surveyor or the recognized organization responsible for issuing an IOPP Certificate to the ship determined that it is necessary to withdraw the Certificate, a report shall, unless made by the nominated surveyor or recognized organization, be made by the master of the ship to the Director. The Director may then take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purposes of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 10 Oil Record Book VerDate:30/06/1997 (1) Every ship to which these Regulations apply of 400 GRT and above, other than an oil tanker, and every oil tanker of 150 GRT and above shall be provided with an Oil Record Book Part I (Machinery Space Operations). Every oil tanker of 150 GRT and above shall also be provided with an oil Record Book Part II (Cargo/Ballast Operations). The oil Record Book, whether it forms Part of the ship's official log book or engine room log book or otherwise, shall be in the form set out in Schedule 2, hereto. (2) The Oil Record Book shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following operations take place in the ship- (a) for machinery space operations (all ships)- (i) ballasting or cleaning of oil fuel tanks; (ii) discharge of ballast or cleaning water from oil fuel tanks which have been ballasted or cleaned; (iii) disposal of oily residues (sludge); (iv) discharge overboard of bilge water which has accumulated in machinery spaces; (b) for cargo/ballast operation (oil tankers)- (i) loading of oil cargo; (ii) internal transfer of oil cargo during voyage; (iii) unloading of oil cargo; (iv) ballasting of cargo tanks and dedicated clean ballast tanks; (v) cleaning of cargo tanks including crude oil washing; (vi) discharge of ballast except from segregated ballast tanks; (vii) discharge of water from slop tanks; (viii) closing of all applicable valves or similar devices after slop tank discharge operations; (ix) closing of valves necessary for the isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; (x) disposal of residues. (3) In the event of such discharge of oil or oily mixture as is referred to in regulation 11 or in the event of an accidental or other exceptional discharge of oil not excepted by that regulation, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge. (4) Each operation described in paragraph (2) of this regulation shall be fully recorded without delay in the Oil Record Book so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master. (5) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board. It shall be preserved for a period of three years after the last entry has been made. (6) A person authorized by the Certifying Authority may inspect the Oil Record Book on board any ship whilst the ship is in a port or off shore terminal and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship's Oil Record Book shall be admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book and the taking of a certified copy by the competent authority, or an authorized person, under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 11 General exceptions VerDate:30/06/1997 PART III REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION- CONTROL OF DISCHARGE OF OIL The provisions of regulations 12, 13 and 16 shall not apply to- (a) any discharge into the sea of oil or oily mixture which is necessary for the purpose of securing the safety of a ship or saving life at sea; or (b) any discharge into the sea of oil or oily mixture which results from damage to a ship or its equipment- (i) provided that all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) unless the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or (c) any approved discharge into the sea of substances containing oil, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 12 Ships other than oil tankers and machinery space bilges of oil tankers VerDate:30/06/1997 (1) Subject to regulation 11 this regulation applies to- (a) (i) Hong Kong ships other than oil tankers; and (ii) Hong Kong oil tankers in relation to discharges from their machinery space bilges (unless mixed with oil cargo residue) but excluding cargo pump room bilges, wherever they may be and to- (b) (i) other ships other than oil tankers; and (ii) other oil tankers in relation to discharges from their machinery space bilges (unless mixed with oil cargo residue) but excluding cargo pump room bilges, when they are within the waters of Hong Kong. (2) Subject to paragraph (3) of this regulation a ship to which this regulation applies shall not discharge oil or oily mixture into any part of the sea unless all the following conditions are satisfied- (a) the ship is proceeding on a voyage; (b) the ship is not within a special area; (c) the oil content of the effluent without dilution does not exceed 15 ppm; and (L.N. 641 of 1994) (d) the ship has in operation equipment as required by regulation 14. (L.N. 641 of 1994) (e) (Repealed L.N. 641 of 1994) (3) In the case of an existing ship referred to in regulation 14(4), not fitted with equipment as required by regulation 14(1) or (2), the provisions of paragraph (2) will not apply until 6 July 1998 or the date on which the ship is fitted with such equipment, whichever is the earlier. Until this date any discharge from machinery space bilges into the sea of oil or oily mixtures from such a ship shall be prohibited except when all the following conditions are satisfied- (a) the oily mixture does not originate from the cargo pump-room bilges; (b) the oily mixture is not mixed with oil cargo resides; (c) the ship is not within a special area; (d) the ship is more than 12 nautical miles from the nearest land; (e) the ship is proceeding en route; (f) the oil content of the effluent is less than 100 parts per million; and (g) the ship has in operation oily-water separating equipment of a design approved as being in accordance with the specification set out in Schedule 3. (L.N. 641 of 1994) (4) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge prescribed by this regulation. (5) Insofar as any oil or oily mixture has not been unloaded as cargo and may not be discharged into the sea in compliance with paragraph (2), it shall be retained on board and shall only be discharged into reception facilities. (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 13 Oil tankers VerDate:30/06/1997 (1) Subject to regulation 11 this regulation applies to- (a) every Hong Kong oil tanker; and (b) every other oil tanker when it is within the waters of Hong Kong. (2) Subject to paragraph (3) of this regulation an oil tanker to which this regulation applies shall not discharge any oil or oily mixture (except those for which provision is made in regulation 12) into any part of the sea unless all the following conditions are satisfied- (a) the tanker is proceeding on a voyage; (b) the tanker is not within a special area; (c) the tanker is more than 50 miles from the nearest land; (d) the instantaneous rate of discharge of oil content does not exceed 30 litres per mile; (L.N. 641 of 1994) (e) the total quantity of oil discharged into the sea does not exceed 1/30000 of the total quantity of the particular cargo of which the residue formed a part, or, in the case of existing tankers, the total quantity of oil discharged does not exceed 1/15000 of the total quantity of the particular cargo of which the residue formed a part; and (f) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulation 15. (3) Paragraph (2) shall not apply to the discharge of- (a) clean or segregated ballast; or (b) an unprocessed oily mixture which without dilution has an oil content not exceeding 15 ppm, which does not originate from cargo room bilges and which is not mixed with oil cargo residues. (L.N. 177 of 1991) (4) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purposes of circumventing the conditions of discharge prescribed by this regulation. (5) Insofar as any oil or oily mixture has not been unloaded as cargo and may not be discharged into the sea in compliance with paragraph (2) of this regulation, it shall be retained on board and shall only be discharged into reception facilities. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 14 Oil discharge monitoring and control system and oily-water separating and oil filtering equipment VerDate:30/06/1997 (1) Subject to paragraph (4) of this regulation, every ship of 400 GRT and above but less than 10000 GRT to which these Regulations apply shall be fitted with oil filtering equipment complying with paragraph (5). Any ship to which these Regulations apply which carries ballast water in its bunker fuel tanks shall comply with paragraph (2) of this regulation (notwithstanding that the ship is of less than 10000 GRT) or regulation 24(2). (2) Subject to paragraph (4), every ship of 10000 GRT and above to which these Regulations apply shall be fitted with oil filtering equipment complying with paragraph (6), and with arrangement for an alarm and for automatically stopping any discharge of oily mixtures when the oil content of the effluent exceeds 15 parts per million. (3) Subject to paragraph (4) of this regulation- (a) paragraphs (1) and (2) shall not apply to a ship engaged exclusively- (i) on voyages within the special areas; or (ii) on voyages within the waters of Hong Kong, if- (A) the Director is satisfied that the ship is fitted with a holding tank having a volume adequate for the total retention on board of the oily bilge water; (B) all oily bilge water is retained on board for subsequent discharge to reception facilities; (C) the Director is satisfied that adequate reception facilities are available to receive such oily bilge water at the place of discharge; (D) the IOPP or HKOPP Certificate issued in respect of the ship is endorsed to the effect that the ship is exclusively engaged on voyages of a type specified in sub-sub-paragraph (i) or (ii); and (E) the quantity, time and port of the discharge are recorded in the Oil Record Book; or (L.N. 177 of 1991) (b) ships of less than 400 GRT (other than an oil tanker) shall be equipped so far as practicable and reasonable, (in the case of Hong Kong ships to the satisfaction of the Director), with installations to ensure the storage of oil or oily mixtures on board and their discharge to reception facilities, or to ensure the discharge of such mixtures is in accordance with regulation 12. (4) For existing ships delivered before 6 July 1993 the requirements of this regulation shall not apply until 6 July 1998, so long as these ships operate with oily-water separating equipment (100 ppm equipment) complying with paragraph (7). (5) The oil filtering equipment referred to in paragraph (1) shall be of a design approved as being in accordance with the specification set out in Schedule 3 and shall be such as to ensure that any oily mixture discharged into the sea after passing through the system shall have an oil content which does not exceed 15 ppm. (6) The oil filtering equipment referred to in paragraph (2) shall be- (a) of a design approved as being in accordance with the specification set out in Schedule 3; (b) adequate to ensure that the oil content of any oily mixture discharged into the sea after passing through the system does not exceed 15 ppm; (c) provided with alarm arrangements in accordance with the specification set out in Schedule 3 to indicate when the level of 15 ppm is being exceeded; and (d) provided with arrangements such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of the effluent exceeds 15 ppm. (7) The oily-water separating equipment referred to in paragraph (4) shall be of a design approved as being in accordance with the specification set out in Schedule 3 and shall be such as to ensure that any oily mixture discharged into the sea after passing through the system shall have an oil content of not more than 100 ppm. (7A) (Repealed L.N. 641 of 1994) (8) The oil discharge monitoring and control system referred to in paragraph (4) shall be of a design approved as being in accordance with the specification set out in Schedule 3. The system shall be fitted with a recording device to provide a continuous record of the oil content of the discharge of effluent or oily mixtures in ppm. This record shall be identifiable as to time and date and shall be kept for at least 3 years. The monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as to ensure that any discharge of oily mixture is automatically stopped when the oil content of the effluent exceeds 100 ppm. On any failure of the monitoring and control system the discharge shall be stopped and the failure shall be noted in the Oil Record Book. The defective unit shall be made operable before the ship commences its next voyage unless it is proceeding to a repair port. (9) The oil filtering equipment referred to in paragraphs (1) and (2) may include any combination of a separator, filter or coalescer or may consist of a single unit designed to produce an effluent with an oil content not exceeding 15 ppm. If the oil filtering equipment consists of a combination of oily-water separating equipment, approved as being in accordance with the specification set out in Schedule 3 for an effluent of less than 100 ppm, and attached equipment, the attached equipment shall be of a design approved as being in accordance with the specification set out by the Director. (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 15 Retention of oil on board VerDate:30/06/1997 (1) Subject to the provisions of paragraphs (5) and (6) of this regulation, oil tankers of 150 GRT and above to which these Regulations apply shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this regulation: provided that in the case of existing ships the requirements for oil discharge monitoring and control systems and slop tank arrangements shall not apply until 2 October 1986. (2) (a) Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residues and tank washings from the cargo tanks into a slop tank of a type approved by a Certifying Authority. In existing oil tankers, any cargo tank may be designated as a slop tank. (b) Arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharges into the sea will be such as to comply with regulation 13. (c) The slop tank or combination of slop tanks provided pursuant to sub-paragraph (b) above shall have sufficient capacity to retain the slops generated by tank washings, oil residues and dirty ballast residues; and that capacity shall be not less than 3 per cent of the cargo oil carrying capacity of the ship unless- (i) segregated ballast tanks or dedicated clean ballast tanks are provided in accordance with regulation 18, or a cargo tank cleaning system using crude oil washing, in accordance with regulation 21, in either of which events the total capacity of the slop tank or tanks may be reduced to 2 per cent of the oil carrying capacity of the ship; (ii) in the case of combination carriers, the oil cargo is carried in tanks with smooth walls, when the said total capacity may be reduced to 1 per cent of the oil carrying capacity of the ship: Provided that, where the tank washing arrangements are such that, once the slop tank or tanks are charged with washing water, this water is sufficient for the tank washing and, where applicable, for providing the driving fluid for the pumps (including eductors) without the introduction of additional water into the system, the above figures of 3 per cent, 2 per cent and 1 per cent may be reduced to 2 per cent, 1.5 per cent and 0.8 per cent respectively. (d) Slop tanks shall be so designed, particularly as regards the position of inlets, outlets, baffles or weirs (where fitted), as to avoid excessive turbulence and entrainment of oil or emulsion with water. (e) New oil tankers of 70000 tons deadweight and above shall be provided with at least two slop tanks. (3) (a) An oil discharge monitoring and control system of an approved design shall be fitted. It shall be designed and installed in compliance with the guidelines and specifications set out in Schedule 4 hereto. (b) Any such system shall be fitted with a recording device to provide, unless otherwise required by Schedule 4, a continuous record of the discharge of oil in litres per mile and the total quantity of oil discharged or, in lieu of the total quantity of oil discharged, the oil content and rate of discharge of the effluent. The record shall be identifiable as to the time and date and shall be kept for at least three years. (c) The system shall be brought into operation when there is a discharge of effluent into the sea and shall be such as to ensure that any discharge of oily mixture is, unless otherwise permitted by Schedule 4, automatically stopped when the instantaneous rate of discharge of oil exceeds 30 litres per mile. (L.N. 641 of 1994) (d) On any failure of the system the discharge shall be stopped and the failure shall be noted in the Oil Record Book. A manually operated alternative system shall be provided and may be used in the event of such a failure, but the defective unit shall be made operable as soon as possible and the tanker may be allowed to undertake one ballast voyage before proceeding to a repair port. (L.N. 641 of 1994) (e) Effective oil/water interface detectors, of a design approved as being in accordance with the specifications set out in Schedule 5 hereto, shall be provided for the rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea. (f) Approved instruction manuals on the operation and maintenance of the various items comprising the oil discharge monitoring and control system shall be provided. These manuals shall contain information on manual as well as automatic operations and shall be so drawn up as to ensure that at no time shall oil be discharged except in compliance with the conditions specified in regulation 13. (4) The discharge of oil from oil tankers of less than 150 GRT pursuant to regulation 13 shall be effected by the retention of the oil on board until subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage or slop tank shall be recorded in the Oil Record Book. This total quantity shall be discharge to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of regulation 13 are complied with. (5) (a) Paragraphs (1), (2) and (3) shall not apply to an oil tanker engaged exclusively in trade within the waters of Hong Kong, if- (i) all oily mixtures are retained on board for subsequent discharge to reception facilities; and (ii) the Director is satisfied that adequate facilities are available at the place of discharge to receive such oily mixtures. (b) Paragraph (3) shall not apply- (i) to an existing oil tanker as defined in regulation 17(2) of 40000 deadweight tons or above which is engaged in specific trades and the conditions specified in regulation 22(2) are complied with; or (ii) subject to sub-paragraph (c), to an oil tanker engaged exclusively- (A) on voyages within the special areas; (B) on voyages within the waters of Hong Kong. (c) The exemption in sub-paragraph (b)(ii) shall only apply if- (i) all oily mixtures are retained on board for subsequent discharge to reception facilities; (ii) the Director is satisfied that where the oil tanker is engaged exclusively on voyages specified in sub-paragraph (b)(ii) adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals at which the tanker calls; (iii) the IOPP or HKOPP Certificate issued in respect of the tanker is endorsed to the effect that the tanker is exclusively engaged on voyages of a type specified in sub-paragraph (b)(ii); and (iv) the quantity, time and port of the discharge are recorded in the Oil Record Book. (L.N. 177 of 1991) (6) Paragraphs (1), (2) and (3) of this regulation shall not apply to oil tankers carrying asphalt or other products subject to the provisions of these Regulations which, through their physical properties, inhibit effective product/water separation and monitoring: in such cases the control of discharge under regulation 13 shall be effected by the retention of residues on board and the discharge of all contaminated washings to reception facilities. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 16 Methods for the prevention of oil pollution from ships operating in special areas VerDate:30/06/1997 (1) For the purposes of these regulations the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden area and the Antarctic area, defined respectively as follows- (a) "the Mediterranean Sea area" (地中海區域) means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41 degrees N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5 degrees 36'W; (b) "the Baltic Sea area" (波羅的海區域) means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57 degrees 44.8'N; (c) "the Black Sea area" (黑海區域) means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41 degrees N; (d) "the Red Sea area" (紅海區域) means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12 degrees 28.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 4O.4'N, 43 degrees 30.2'E); (e) "the Gulfs area" (波斯灣區域) means the sea area located north-west of the rhumb line between Ras al Hadd (22 degrees 30'N, 59 degrees 48'E) and Ras Al Fasteh (25 degrees 04'N, 61 degrees 25'E); (f) "the Gulf of Aden area" (亞丁灣區域) means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the rhumb line between Ras si Ane (12 degrees 28.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 40.4'N, 43 degrees 30.2'E) and to the east by the rhumb line between Ras Asir (11 degrees 50'N, 51 degrees 16.9'E) and Ras Fartak (15 degrees 35'N, 52 degrees 13.8'E); and (g) "the Antarctic area" (南極區域) means the sea area south of 60 degrees south latitude. (L.N. 177 of 1991; L.N. 171 of 1992) (2) Subject to the provisions of regulation 11- (a) any discharge into the sea of oil or oily mixture from any Hong Kong oil tanker and any Hong Kong ship of 400 GRT and above other than an oil tanker shall be prohibited while in a special area. In respect of the Antarctic area, any discharge into the sea of oil or oily mixture from any Hong Kong ship shall be prohibited; (b) except as provided for in respect of the Antarctic area under subparagraph (a), any discharge into the sea of oil or oily mixture from a Hong Kong ship of less than 400 GRT other than a Hong Kong oil tanker shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 ppm. (L.N. 171 of 1992; L.N. 641 of 1994) (3) (a) Paragraph (2) of this regulation shall not apply to the discharge of clean or segregated ballast. (b) Sub-paragraph (2)(a) of this regulation shall not apply to the discharge of processed bilge water from machinery spaces, provided that all the following conditions are satisfied- (i) the bilge water does not originate from cargo pump room bilges; (ii) the bilge water is not mixed with cargo oil residues; (iii) the ship is proceeding on a voyage; (iv) the oil content of the effluent, without dilution, does not exceed 15 ppm parts of mixture; (v) the ship has in operation an oil filtering system complying with regulation 14(6); and (L.N. 641 of 1994) (vi) the oil filtering system is equipped with a stopping device which will ensure that the discharge is automatically stopped if the oil content of the effluent exceeds 15 ppm parts of the mixture. (4) (a) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation. (b) In any case where any residues of oil or oily mixture may not be discharged into the sea in compliance with paragraph (2) or (3) of this regulation, they shall be retained on board and shall only be discharged into reception facilities. (5) Nothing in this regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with regulations 12 and 13. (6) Every Hong Kong ship shall, before entering the Antarctic area, be fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have adequate arrangements to discharge such oily residues at a reception facility after leaving the area. (L.N. 171 of 1992) "the Mediterranean Sea area" (地中海區域) "the Baltic Sea area" (波羅的海區域) "the Black Sea area" (黑海區域) "the Red Sea area" (紅海區域) "the Gulfs area" (波斯灣區域) "the Gulf of Aden area" (亞丁灣區域) "the Antarctic area" (南極區域) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 17 Interpretation of Part IV VerDate:30/06/1997 PART IV REQUIREMENTS FOR THE SEGREGATION OF CARGO (1) Notwithstanding the provisions of regulation 1(2), for the purpose of regulations 18, 19, 21 and 26(4), a "new oil tanker" (新油輪) means an oil tanker- (a) for which the building contract was placed after 1 June 1979; or (b) in the absence of a building contract, the keel of which was laid, or which was at a similar stage of construction after 1 January 1980; or (c) the delivery of which was after 1 June 1982; or (d) which has undergone a major conversion- (i) for which the contract was placed after 1 June 1979; or (ii) in the absence of a contract, the construction work of which was begun after 1 January 1980; or (iii) which was completed after 1 June 1982, except that, for oil tankers of 70000 tons deadweight and above, the definition in regulation 1(2) shall apply for the purposes of regulation 18(1). (2) For the purposes of regulations 18, 20, 21, 22, 23, 26(5) and 26(6)(c) an "existing oil tanker" (現有油輪) means an oil tanker which is not a new oil tanker as defined in paragraph (1) of this regulation. "new oil tanker" (新油輪) "existing oil tanker" (現有油輪) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 18 General application VerDate:30/06/1997 New oil tankers of 20000 tons deadweight and above (1) Every new crude oil tanker of 20000 tons deadweight and above and every new product carrier of 30000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with paragraphs (2), (3) and (4), or paragraph (5) as appropriate, of this regulation. (2) The capacity of the segregated ballast tanks shall be such that the ship may operate safely on ballast voyages without recourse to the use of cargo tanks for water ballast except as provided for in paragraph (3) or (4) of this regulation: Provided that the capacity of the segregated ballast tanks shall be at less such that, in any ballast condition at any part of the voyage, including the condition consisting of lightweight plus segregated ballast only, the ship's draughts and trim can meet each of the following requirements- (a) the moulded draught amidships (dm) in metres (without taking into account any ship's deformation) shall not be less than 2.0 + 0.02L; (b) the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm) as specified in sub-paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and (c) in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller. (3) In no case shall ballast water be carried in cargo tanks, except- (a) on those voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship; (b) where the particular character of the operation of an oil tanker renders it necessary to carry ballast water in excess of the quantity which may be carried in segregated ballast tanks under paragraph (2) of this regulation, provided that the Director has approved that condition of operation. Any such additional ballast water shall be processed and discharged in accordance with the requirements of regulations 13 and 15 and an entry of the discharge shall be made in the Oil Record Book. (4) In the case of new crude oil tankers, the additional ballast permitted by paragraph (3) of this regulation shall be carried in cargo tanks only if such tanks have been crude oil washed in accordance with regulation 21 before departure from an oil unloading port or terminal. (5) Notwithstanding the provisions of paragraph (2) of this regulation the capacity of the segregated ballast tanks for oil tankers less than 150 metres in length shall be as may be determined by the Director. (6) Every new crude oil tanker of 20000 tons deadweight and above shall be fitted with a cargo tank cleaning system using crude oil washing. This system shall fully comply with the requirements of regulation 21 within one year after the tanker is first engaged in the trade of carrying crude oil or by the end of the third voyage carrying crude oil suitable for crude oil washing, whichever occurs later. Unless such oil tanker carries crude oil which is not suitable for crude oil washing, it shall operate the system in accordance with regulation 21. Existing crude oil tankers of 40000 tons deadweight and above (7) Subject to the provisions of paragraphs (8) and (9) of this regulation and to the provisions of regulations 22 and 23, every existing crude oil tanker of 40000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) of this regulation from the commencement of these Regulations. (8) Subject to regulations 22 and 23, existing crude oil tankers of 40000 tons deadweight and above may, in lieu of being provided with segregated ballast tanks, operate with a cargo tank cleaning procedure using crude oil washing in accordance with regulation 21 unless the crude oil tanker is intended to carry crude oil which is not suitable for crude oil washing. (9) Subject to regulations 22 and 23, existing crude oil tankers of 40000 tons deadweight and above may, in lieu of being provided with segregated ballast tanks or operating with a cargo tank cleaning procedure using crude oil washing, operate with dedicated clean ballast tanks in accordance with the provisions of regulation 20 for the following period- (a) for crude oil tankers of 70000 tons deadweight and above, until 2 October 1985; and (b) for crude oil tankers of 40000 tons deadweight and above but below 70000 tons deadweight, until 2 October 1987. Existing product carriers of 40000 tons deadweight and above (10) Subject to regulation 22, from the commencement of these Regulations every existing product carrier of 40000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) of this regulation, or, alternatively, operate with dedicated dean ballast tanks in accordance with the provisions of regulation 20. An oil tanker described in the IOPP or HKOPP Certificate as, a segregated ballast oil tanker (11) Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1), (7) or (10) of this regulation may be described in the IOPP or HKOPP Certificate as a segregated ballast tanker if it complies with the requirements of paragraphs (2) and (3), or paragraph (5) as appropriate to this regulation. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 19 Protective location of segregated ballast spaces VerDate:30/06/1997 (1) In every new crude oil tanker of 20000 tons deadweight and above and every new product carrier of 30000 tons deadweight and above, the segregated ballast tanks required to provide the capacity to comply with regulation 18 which are located within the cargo tank length shall be arranged, in accordance with the requirements of paragraphs (2), (3) and (4) of this regulation, to provide a measure of protection against oil outflow in the event of grounding or collision. (2) Segregated ballast tanks and spaces other than oil tanks within the cargo tank length (Lt) shall be so arranged as to comply with the following requirement- ΣPAc + ΣPAs ≧ J[Lt (B + 2D)] where- PAc = the side shell area in square metres for each segregated ballast tank or space other than an oil tank based on projected moulded dimensions; PAs = the bottom shell area in square metres for each such tank or space based on projected moulded dimensions; Lt = the length in metres between the forward and after extremities of the cargo tanks; B = the maximum breadth of the ship in metres as defined in regulation 1(2); D = the moulded depth in metres measured vertically from the top of the keel to the top of the freeboard deck beam at the side at amidships. In ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design; J = 0.45 for oil tankers of 20000 tons deadweight and 0.30 for oil tankers of 200000 tons deadweight and above, subject to the provisions of paragraph (3) of this regulation. For intermediate values of deadweight the value of "J" shall be determined by linear interpolation. For the purposes of this regulation the symbols referred to in this paragraph shall have the meaning as laid down in this paragraph. (3) For tankers of 200000 tons deadweight and above the value of "J" may be reduced as follows- Oc+Os J reduced = [J - (a - ____________________ )] or 0.2 whichever is greater 4OA where- a = 0.25 for oil tankers of 200000 tons deadweight, a = 0.40 for oil tankers of 300000 tons deadweight, a = 0.50 for oil tankers of 420000 tons deadweight and above. For intermediate values of deadweight the value of "a" shall be determined by linear interpolation. Oc = has the same meaning as in regulation 27(1)(b)(i), Os = has the same meaning as in regulation 27(1)(b)(ii), OA = the allowable oil outflow as required by regulation 28(2). (4) In calculating the value of "PAc" and "PAs" for segregated ballast tanks and spaces other than oil tanks- (a) where the width of any wing tank or space which extends for the full depth of the ship's side or from the deck to the top of the double bottom is less than 2 metres measured inboard from the ship's side at right angles to the centre line, that wing tank or space shall not be taken into account when calculating the protecting area "PAc"; and (b) where the depth of any double bottom tank or space is less than B/15 or 2 metres, that double bottom tank or space shall not be taken into account when calculating the protecting area "PAs". The width and depth of wing tanks and double bottom tanks shall be measured clear of the bilge area and, in the case of width, shall be measured clear of any rounded gunwale area. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 20 Requirements for oil tankers with dedicated dean ballast tanks VerDate:30/06/1997 (1) An oil tanker operating with dedicated clean ballast tanks in accordance with the provisions of regulation 18(9) or (10) shall have adequate tank capacity, dedicated solely to the carriage of clean ballast as defined in regulation 1(2) to meet the requirements of regulation 18(2) and (3), as those provisions apply to segregated ballast tanks. (2) The arrangements and operational procedures for dedicated clean ballast tanks shall comply with the requirements of Schedule 6 hereto. (3) An oil tanker operating with dedicated clean ballast tanks shall be equipped with an oil content meter approved as being in accordance with the specification set out in Schedule 3 hereto, so as to permit supervision of the oil content in the ballast water being discharged. The oil content meter shall be installed not later than the first scheduled shipyard visit when cargo tanks are gas-freed and in any case before 2 October 1986. Until such time as the oil content meter is installed, it shall, immediately before discharge of any ballast, be established by examination of the ballast water from dedicated tanks that no contamination with oil has taken place. (4) Every oil tanker operating with dedicated clean ballast tanks shall be provided with a Dedicated Clean Ballast Tank Operation Manual detailing the system and specifying operational procedures. This Manual shall have been approved by a Certifying Authority and shall contain all the information set out in the Specifications referred to in Schedule 6 hereto. If an alteration affecting the dedicated clean ballast tank system is made, the Operation Manual shall be revised, and the revision submitted to the Certifying Authority for his approval. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 21 Requirements for crude oil washing VerDate:30/06/1997 (1) Every crude oil washing system required to be provided in accordance with regulation 18(6) and (8) shall comply with the requirements of this regulation. (2) The crude oil washing installation and associated equipment and arrangements (including qualification of personnel) shall comply with the requirements and specifications set out in Schedule 7 hereto. (3) With respect to the ballasting of cargo tanks, sufficient cargo tanks shall be crude oil washed prior to each ballast voyage to ensure that, taking into account the tanker's trading pattern and expected weather conditions, ballast water will need to be put only into cargo tanks which have been crude oil washed. (4) Every oil tanker operating with crude oil washing systems shall be provided with an Operations and Equipment Manual describing the system and equipment in detail and specifying the operation procedures to be followed. This Manual shall have been approved by a Certifying Authority and shall contain all the information set out in Schedule 7 hereto. If any alteration is made affecting the crude oil washing system the Operations and Equipment Manual shall be revised, and the revision submitted to the Certifying Authority for his approval. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 22 Existing oil tankers engaged in specific trades VerDate:01/07/1997 Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Subject to the provisions of paragraph (2) of this regulation, paragraphs (7) to (10) of regulation 18 shall not apply to an existing oil tanker solely engaged in specific trades between- (a) ports or terminals within a Convention Country; or (b) ports or terminals of two or more Convention Countries, where- (i) the voyage is entirely within a Special Area as defined in regulation 16(1); or (ii) the voyage is entirely within other limits designated by the Director. (64 of 1999 s. 3) (2) The provisions of paragraph (1) of this regulation shall apply only when the ports or terminals where the cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with- (a) subject to the exceptions provided for in regulation 11, all ballast water, including clean ballast water, and tank washing residues shall be retained on board until they are transferred to the said reception facilities, and the entry relating to such transfer in the appropriate sections of the Oil Record Book referred to in regulation 10 shall be endorsed by a competent authority appointed by the Convention Country; (b) agreement shall have been reached between the Director and the Governments of the Convention Country or Countries referred to in sub-paragraph (1)(a) or (1)(b) of this regulation concerning the use of an existing oil tanker for a specific trade; (64 of 1999 s. 3) (c) the adequacy of the reception facilities (in accordance with any Regulations relating to reception facilities) at the ports or terminals referred to above, shall have been approved for the purpose of this regulation by the Governments of the Convention Countries within which those ports or terminals are situated; and (d) the IOPP Certificate shall have been endorsed to the effect that the oil tanker is solely engaged in such specific trade. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 23 Existing oil tankers having special ballast arrangements VerDate:01/07/1997 Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Where an existing oil tanker of 40000 deadweight tons and above is so constructed or operates in such a manner that it complies at all times with the draught and trim requirements set out in regulation 18(2) without recourse to the use of ballast water, it shall be deemed to comply with the segregated ballast tank requirements referred to in regulation 18(7), provided that all the following conditions are complied with- (a) the operational procedures and ballast arrangements have been approved by a Certifying Authority; (b) when the draught and trim requirements are achieved through an operational procedure, agreement as to the use of that procedure has been reached between the Director and the Governments of the Convention Countries concerned; (64 of 1999 s. 3) (c) the IOPP Certificate has been endorsed to the effect that the oil tanker is operating with special ballast arrangements. (2) In no case shall ballast be carried in cargo oil tanks except on those voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship. Such additional ballast water shall be discharged in compliance with regulations 13 and 15 and an entry of any discharge of such water shall be made in the Oil Record Book. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 23A Prevention of pollution in the event of collision or stranding VerDate:30/06/1997 (1) This regulation shall apply to oil tankers of 600 tons deadweight and above- (a) for which the building contract is placed on or after 6 July 1993; or (b) in the absence of a building contract, the keels of which are laid or which are at a similar stage of construction on or after 6 January 1994; or (c) the delivery of which is on or after 6 July 1996; or (d) which have undergone a major conversion- (i) for which the contract is placed after 6 July 1993; or (ii) in the absence of a contract, the construction work of which is begun after 6 January 1994; or (iii) which is completed after 6 July 1996. (2) Every oil tanker of 5000 tons deadweight and above shall- (a) in lieu of regulation 19, as applicable, comply with the requirements of paragraph (3) unless it is subject to the provisions of paragraphs (4) and (5); and (b) comply, if applicable, with the requirements of paragraph (6). (3) The entire cargo tank length shall be protected by ballast tanks or spaces other than cargo and fuel oil tanks as follows- (a) Wing tanks or spaces Wing tanks or spaces shall extend either for the full depth of the ship's side or from the top of the double bottom to the uppermost deck, disregarding a rounded gunwale where fitted. They shall be arranged such that the cargo tanks are located inboard of the moulded line of the side shell plating, nowhere less than the distance w which, as shown in Figure 1, is measured at any cross-section at right angles to the side shell, as specified below- DW w = 0.5 + _________ (m); or 20000 w = 2.0 m, whichever is the lesser. The minimum value of w = 1.0 m. (b) Double bottom tanks or spaces At any cross-section the depth of each double bottom tank or space shall be such that the distance h between the bottom of the cargo tanks and the moulded line of the bottom shell plating as shown in Figure 1 is not less than specified below- B h = ___ m); or 15 h = 2.0 m, whichever is the lesser. The minimum value of h = 1.0 m. (c) Turn of the bilge area or at locations without a clearly defined turn of the bilge When the distances h and w are different, the distance w shall have preference at levels exceeding 1.5 h above the baseline as shown in Figure 1. (d) The aggregate capacity of ballast tanks On crude oil tankers of 20000 tons deadweight and above and product carriers of 30000 tons deadweight and above, the aggregate capacity of wing tanks, double bottom tanks, forepeak tanks and afterpeak tanks shall not be less than the capacity of segregated ballast tanks necessary to meet the requirements of regulation 18. Wing tanks or spaces and double bottom tanks used to meet the requirements of regulation 18 shall be located as uniformly as practicable along the cargo tank length. Additional segregated ballast capacity provided for reducing longitudinal hull girder bending stress, trim, etc., may be located anywhere within the ship. (e) Suction wells in cargo tanks Suction wells in cargo tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5 h. (f) Ballast and cargo piping Ballast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks. Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks. Exemptions to this requirement may be granted for short lengths of piping, provided that they are completely welded or equivalent. (4) (a) Double bottom tanks or spaces as required by paragraph (3)(b) may be dispensed with, provided that the design of the tanker is such that the cargo and vapour pressure exerted on the bottom shell plating forming a single boundary between the cargo and the sea does not exceed the external hydrostatic water pressure, as expressed by the following formula- f. hc.Pc.g + 100 △p < dn.Ps.g where- hc = height of cargo in contact with the bottom shell plating in metres Pc = maximum cargo density in t/m3 dn = minimum operating draught under any expected loading condition in metres Ps = density of sea water in t/m3 △p = maximum set pressure of pressure / vacuum valve provided for the cargo tank in bars f = safety factor = 1.1 g = standard acceleration of gravity (9.81 m/s2) (b) Any horizontal partition necessary to fulfil the above requirements shall be located at a height of not less than B/6 or 6 metres, whichever is the lesser, but not more than 0.6D, above the baseline where D is the moulded depth amidships. (c) The location of wing tanks or spaces shall be as defined in paragraph (3)(a) except that, below a level 1.5 h above the baseline where h is as defined in paragraph (3)(b), the cargo tank boundary line may be vertical down to the bottom plating, as shown in Figure 2. (5) Other methods of design and construction of oil tankers may also be accepted as alternatives to the requirements prescribed in paragraph (3), provided that such methods ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved by the Director based on guidelines developed by the Organization. (6) For oil tankers of 20000 tons deadweight and above the damage assumptions prescribed in regulation 29(2)(b) shall be supplemented by the following assumed bottom raking damage- (a) longitudinal extent- (i) ships of 75000 tons deadweight and above - 0.6 L measured from the forward perpendicular; (ii) ships of less than 75000 tons deadweight - 0.4 L measured from the forward perpendicular; (b) transverse extent - B/3 anywhere in the bottom; (c) vertical extent-breach of the outer hull. (7) Oil tankers of less than 5000 tons deadweight shall- (a) at least be fitted with double bottom tanks or spaces having such a depth that the distance h specified in paragraph (3)(b) complies with the following- B h = ___ (m) with a minimum value of h = 0.76m; 15 in the turn of the bilge area and at locations without a clearly defined turn of the bilge, the cargo tank boundary line shall run parallel to the line of the midship flat bottom as shown in Figure 3; and (b) be provided with cargo tanks so arranged that the capacity of each cargo tank does not exceed 700 m3 unless wing tanks or spaces are arranged in accordance with paragraph (3)(a) complying with the following- 2.4 DW w = 0.4 + ______________ (m) 20000 with a minimum value of w = 0.76 m. (8) Oil shall not be carried in any space extending forward of a collision bulkhead located in accordance with regulation 3 of the Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap 369 sub. leg.). An oil tanker that is not required to have a collision bulkhead in accordance with that regulation shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead located in accordance with that regulation. (9) In approving the design and construction of oil tankers to be built in accordance with the provisions of this regulation, the Director shall have regard to the general safety aspects including the need for the maintenance and inspections of wing and double bottom tanks or spaces. (Diagram omitted) Figure 1 Cargo tank boundary lines for the purpose of paragraph (3) (Diagram omitted) Figure 2 Cargo tank boundary lines for the purpose of paragraph (4) (Diagram omitted) Figure 3 Cargo tank boundary lines for the purpose of paragraph (7) (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 23B Prevention of oil pollution in the event of collision or stranding- measures for existing ships VerDate:11/09/1998 (1) This regulation shall- (a) apply to crude oil tankers of 20000 tons deadweight and above and to product carriers of 30000 tons deadweight and above, which are contracted, the keels of which are laid, or which are delivered before the dates specified in regulation 23A(1); (b) not apply to oil tankers complying with regulation 23A, which are contracted, the keels of which are laid, or are delivered before the dates specified in regulation 23A(1); and (c) not apply to oil tankers covered by subparagraph (a) which comply with regulation 23A(3)(a) and (b) or (4) or (5), except that the requirement for minimum distances between the cargo tank boundaries and the ship side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection shall comply with regulation 19(4)(b). (2) The requirements of this regulation shall take effect as from 6 July 1995. (3) (a) An oil tanker to which this regulation applies shall be subject to an enhanced programme of inspections during periodical, intermediate and annual surveys, the scope and frequency of which shall at least comply with the guidelines developed by the Organization; (b) An oil tanker over 5 years of age to which this regulation applies shall have on board, a complete file of the survey reports, including the results of all scantling measurement required, as well as the statement of structural work carried out; (c) This file shall be accompanied by a condition evaluation report, containing conclusions on the structural condition of the ship and its residual scantlings, endorsed to indicate that it has been accepted by or on behalf of the Director. This file and condition evaluation report shall be prepared in a standard format as contained in the guidelines developed by the Organization. (4) An oil tanker not meeting the requirements of a new oil tanker as defined in regulation 17(1) shall comply with the requirements of regulation 23A not later than 25 years after its date of delivery, unless wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of regulation 19(4), cover at least 30% of Lt for the full depth of the ship on each side or at least 30% of the projected bottom shell area PAs within the length Lt, where Lt and the projected bottom shell area PAs are as defined in regulation 19(2), in which case compliance with regulation 23A is required not later than 30 years after its date of delivery. (5) An oil tanker meeting the requirements of a new oil tanker as defined in regulation 17(1) shall comply with the requirements of regulation 23A not later than 30 years after its date of delivery. (6) Any new ballast and load conditions resulting from the application of paragraph (4) shall be subject to approval of the Director who shall have regard, in particular, to longitudinal and local strength, intact stability and, if applicable, damage stability. (L.N. 312 of 1998) (7) Other structural or operational arrangements such as hydrostatically balanced loading may be accepted as alternatives to the requirements prescribed in paragraph (4), provided that such alternatives ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved by the Director based on the guidelines developed by the Organization. (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 24 Segregation of oil and water ballast VerDate:30/06/1997 (1) Except as provided in paragraph (2) of this regulation, in new ships of 4000 GRT and above other than oil tankers, and in new oil tankers of 150 GRT and above, no ballast water shall be carried in any oil fuel tank. (2) Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary for ships referred to in paragraph (1) of this regulation to carry ballast water which is not clean ballast water in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with regulation 12 using the equipment specified in regulation 14(2), and an entry of any such discharge shall be made in the Oil Record Book. (3) Ships other than those to which paragraph (1) applies shall comply with the requirements of paragraph (1) so far as it is reasonable and practicable to do so. (L.N. 177 of 1991) (4) In a ship of 400 GRT and above, for which the building contract was placed after 1 January 1982, or, in the absence of a building contract, the keel of which was laid or which reached a similar stake of construction after 1 July 1982, oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead. (L.N. 177 of 1991) (5) Ships other than those to which paragraph (4) applies shall comply with the requirements of paragraph (4) so far as it is reasonable and practicable to do so. (L.N. 177 of 1991) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 25 Tanks for oil residue (sludge) VerDate:30/06/1997 (1) Every ship of 400 GRT and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery installed and length of voyage, to receive any oily residues (sludges) which cannot be dealt with otherwise in accordance with the requirements of these Regulations, such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces. (2) In new ships, such tanks shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities. Existing ships shall comply with this requirement so far as it is reasonable and practicable to do so. (3) Piping to and from sludge tanks shall have no direct connection overboard, other than the standard discharge connection referred to in paragraph (4). (L.N. 641 of 1994) (4) Every ship to which this regulation applies shall be provided with piping to enable residues from machinery spaces and machinery space bilges to be pumped to a reception facility. This piping shall be led to the open deck and there fitted with a flange in accordance with the following dimensions- STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS Description Dimension Outside diameter 215 mm Inner diameter According to pipe outside diameter Bolt circle diameter 183 mm Slots in flange 6 holes, 22 mm in diameter, equidistantly placed on a bolt circle of 183 mm diameter, slotted to the flange periphery, the slot width to be 22 mm Flange thickness 20 mm Bolts and nuts: quantity, diameter 6 each of 20 mm in diameter and of suitable length The flange shall be designed to accept pipes up to a maximum diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a gasket of oil proof material, shall be suitable for a service pressure of 6 kg/cm2. (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 26 Pumping, piping and discharge arrangements of oil tankers VerDate:30/06/1997 (1) In every oil tanker, a discharge manifold for connection to reception facilities for the discharge of dirty ballast water or oil contaminated water shall be located on the open deck on both sides of the ship. (2) In every oil tanker, pipelines for any discharge to the sea of ballast water or oil contaminated water from cargo tank areas which may be permitted under regulation 13 or 16 shall be led to the open deck or to the ship's side above the waterline in the deepest ballast condition, or, subject to the approval of the Director, below the waterline- (a) to enable such discharges below the waterline as are permitted by paragraph (6) of this regulation to be made; and (b) where the discharge outlet is located above the departure ballast waterline but not above the waterline in the deepest ballast condition, if so located before 1 January 1981. (3) In new oil tankers means shall be provided for stopping the discharge into the sea of ballast water or oil contaminated water from cargo tank areas, other than those discharges below the waterline permitted under paragraph (6) of this regulation, from a position on the upper deck or above, located so that the manifold in use referred to in paragraph (1) of this regulation and the discharge to the sea from the pipelines referred to in paragraph (2) of this regulation may be visually observed: provided that the means for stopping the discharge may be situated elsewhere than at the observation position if an effective communication system, such as a telephone or radio system, is provided between the observation position and the discharge control position. (4) Every new oil tanker required to be provided with segregated ballast tanks or fitted with a crude oil washing system shall comply with the following requirements- (a) it shall be equipped with oil piping so designed and installed such that oil retention in the lines is minimized; (b) means shall be provided to drain all cargo pumps and all oil lines at the completion of cargo discharge where necessary by connection to a stripping device, so designed that the line and pump drainings shall be capable of being discharged both ashore and to a cargo tank or a slop tank. For discharge ashore a special small diameter line shall be provided and connected outboard of the deck manifold valves, both port and starboard. (5) Every existing crude oil tanker required to be provided with segregated ballast tanks, or to be fitted with a crude oil washing system, or to operate with dedicated clean ballast tanks shall comply with the provisions of paragraph (4)(b) of this regulation. (6) Ballast water or oil contaminated water from the cargo tank areas of any oil tanker shall be discharged only above the waterline: Provided that- (a) segregated ballast and clean ballast may be discharged below the waterline- (i) in ports or at offshore terminals, or (ii) at sea by gravity, provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place. (b) Existing oil tankers which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline at sea, provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place. (c) Existing oil tankers operating with dedicated clean ballast tanks which without modification are not capable of discharging ballast water from the dedicated clean ballast tanks above the waterline, may discharge this ballast below the waterline provided that the discharge of the ballast water is supervised with the aid of an oil content meter as provided for in regulation 20(3). (d) Dirty ballast water or oil contaminated water from tanks in the cargo area of an oil tanker at sea, other than slop tanks, may be discharged by gravity below the waterline, provided that sufficient time has elapsed in order to allow oil / water separation to have taken place and the ballast water has been examined immediately before the discharge with an oil / water interface detector of the kind referred to in regulation 15(3)(e), in order to ensure that the height of the interface is such that the discharge does not involve any increased harm to the marine environment. (e) Dirty ballast water or oil contaminated water from cargo tank areas of an existing oil tanker at sea may be discharged below the waterline, subsequent to or in lieu of discharge by the method referred to in sub-paragraph (d) of this paragraph, provided that- (i) a part of the flow of such water is led through permanent piping to a readily accessible location on the upper deck or above where it may be visually observed during the discharge operation; and (ii) such part flow arrangements comply with the requirements of Schedule 8 hereto. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 27 Interpretation of Part V VerDate:30/06/1997 (1) For the purposes of this Part "side and bottom damage" (船側及船底損 毀) and "hypothetical outflow of oil" (假設油類流出量) shall have the following meanings- (a) side and bottom damage shall be assumed to be damage having the dimensions described below caused to the side or bottom of the ship. In the case of bottom damage the dimensions to be assumed are those which relate to the position of damage, as described below. (i) Side damage Longitudinal extent (1c): 1/3L2/3 or 14.5 metres, whichever is less Transverse extent (tc):(inboard from the ship's side at right angles to the centre-line at the level corresponding to the assigned summer freeboard) B/5 or 11.5 metres, whichever is less Vertical extent (vc): from the base line upwards without limit (ii) Bottom damage Position of Damage For 0.3 L from the forward perpendicular of the ship Any other part of the ship Longitudinal extent (1s): L/10 L/10 or 5 metres whichever is less Transverse extent (ts): B/6 or 10 metres, whichever is less but not less than 5 metres 5 metres Vertical extent from the base line (vs): B/15 or 6 metres, whichever is less The symbols in brackets in the first column of the above table shall have the meaning indicated in relation thereto, which shall apply for the purposes of this Part of these Regulations. (b) The hypothetical outflow of oil in the case of side damage (Oc) and bottom damage (Os) shall be calculated by the following formulae with respect to compartments breached by damage at all conceivable locations along the length of the ship to the extent as described in paragraph (1)(a) of this regulation. (i) for side damage: Oc = Sigma Wi + Sigma KiCi (I) (ii) for bottom damage: Os + 1/3(Sigma ZiWi + Sigma ZiCi) (II) where: Wi = volume in cubic metres of a wing tank assumed to be breached by the damage as described in paragraph (1)(a) of this regulation. Wi for a segregated ballast tank may be taken as equal to zero. Ci = volume in cubic metres of a centre tank assumed to be breached by the damage as described in paragraph (1)(a) of this regulation. Ci for a segregated ballast tank may be taken as equal to zero. Ki = 1-bi/tc when bi is equal to or greater than Tc, Ki shall be taken as equal to zero. Zi = 1-hi/vs when hi is equal to or greater than vs, Zi shall be taken as equal to zero. bi = minimum width in metres of the wing tank under consideration, measured inboard from the ship's side at right angles to the centreline at the level corresponding to the assigned summer freeboard. hi = minimum depth in metres of the double bottom under consideration; where no double bottom is fitted hi shall be taken as equal to zero. The symbols set out in this sub-paragraph shall have the meanings assigned to them, which shall apply for the purposes of this Part of these Regulations. (1A) For the purpose of this Part, "new oil tanker" (新油輪) has the meaning assigned to it by regulation 17(1). (L.N. 177 of 1991) (2) Where a void space or segregated ballast tank of a length less than 1c as defined in paragraph (1)(a)(i) of this regulation is located between wing oil tanks, Oc in formula (I) set out in paragraph (1)(b) of this regulation may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity), adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such a collision the value of the actual full volume of those tanks. 1i Si = 1 ____ 1c where 1i = length in metres of void space or segregated ballast tank under consideration. (3) (a) For the purpose of paragraph (1)(b) of this regulation account shall be taken of double bottom tanks which are either empty or carrying clean water only when cargo is carried in the tanks above. (b) Where the double bottom does not extend for the full length and width of the tank involved, the double bottom shall be considered non-existent and the volume of the tanks above the area of the bottom damage shall be included in formula (II) set out in paragraph (1)(b) of this regulation even if the tank is not considered breached because of the installation of such a partial double bottom. (c) Suction wells may be neglected in the determination of the value of hi provided such wells are not excessive in area and extend below the tank in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken to be equal to the double bottom height minus the well height. (d) Piping serving suction wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connection to the tank served so as to prevent oil outflow in the event of damage to the piping. Such piping shall be installed as high from the bottom shell as possible. These valves shall be kept closed at sea whenever the tank contains oil cargo, except that they may be opened only to transfer cargo for trimming the ship. (4) In the case where bottom damage simultaneously involves four centre tanks, the valve of Os may be calculated according to the formula. Os = 1/4(Sigma ZiWi + Sigma ZiCi) (III) (5) (a) In the case of bottom damage, a reduced amount of oil outflow may be assumed where a cargo transfer system is installed which has an emergency high suction in each cargo tank capable of transferring from a breached tank or tanks to segregated ballast tanks or to cargo tanks, if such tanks have sufficient ullage, and if the cargo transfer system complies with the following requirements- (i) in two hours of operation it is capable of transferring oil equal to one half of the largest of the breached tanks involved; (ii) the ballast or cargo tanks are available and capable of receiving such quantity; and (iii) the pipes for such suction are installed at a height of not less than the vertical extent of the bottom damage vs. (b) Where those requirements are satisfied, the calculation of Os shall be in accordance with formula (III) set out in paragraph (4) of this regulation. "side and bottom damage" (船側及船底損毀) and "hypothetical outflow of oil" (假設油類流 出量) "new oil tanker" (新油輪) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 28 Limitation of size and arrangement of cargo tanks VerDate:30/06/1997 (1) Every new oil tanker shall comply with the provisions of this regulation. Every existing oil tanker shall comply with the provisions of this regulation by the 2 October 1985 if- (a) it was delivered to its first owner after 1 January 1977; or (b) it was delivered to its first owner on or before- (i) 1 January 1977; and (ii) the building contract for the tanker was placed after 1 January 1974, or in cases where there was no building contract the keel was laid or the tanker was at a similar stage of construction after 30 June 1974. (2) Cargo tanks of oil tankers shall be of such size and arrangements that the hypothetical outflow Oc or Os, calculated in accordance with the provisions of regulation 27(1)(b), anywhere in the length of the ship does not exceed 30000 cubic metres or 400 (DW)1/3, whichever is the greater, but subject to a maximum of 40000 cubic metres. (3) The volume of any one wing cargo oil tank of an oil tanker shall not exceed 75 per cent of the limits of the hypothetical outflow Oc or Os referred to in paragraph (2) of this regulation. The volume of any one centre cargo oil tank shall not exceed 50000 cubic metres. However, in segregated ballast oil tankers as defined in regulation 18 of these Regulations the permitted volume of a wing cargo oil tank situated between two segregated ballast tanks, each exceeding 1c in length may be increased to the maximum limit of hypothetical oil outflow provided that the width of the wing tanks exceeds tc. (4) The length of each cargo tank shall not exceed 10 metres or one of the following values, whichever is the greater- (a) where no longitudinal bulkhead is provided inside the cargo tanks- bi (0.5 ____ + 0.1)L B but not to exceed 0.2 L (b) where a centreline longitudinal bulkhead is provided inside the cargo tanks- bi (0.25 ____ + 0.15)L B (c) where 2 or more longitudinal bulkheads are provided inside the cargo tanks- (i) for wing cargo tanks- 0.2L (ii) for centre cargo tanks- bi 1 (1) if _____ is equal to or greater than ____ ____ B 5 0.2L bi 1 (2) if _____ is less than ____ ____ B 5 where no centreline longitudinal bulkhead is provided- bi bi (0.5 ____ + 0.1)L B where a centreline longitudinal bulkhead is provided- bi bi (0.25 ____ + 0.15)L B where "bi" is the minimum distance from the ship's side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard. (L.N. 641 of 1994) (5) In order not to exceed the volume limits established by paragraphs (2), (3) and (4) of this regulation and irrespective of the type of cargo transfer system installed, when such a system inter-connects two or more cargo tanks, valves or other similar closing devices shall be provided for separating the tanks from each other. These valves or devices shall be closed when the tanker is at sea. (6) Lines of piping which run through cargo tanks in a position less than tc from the ship's side or less than vs from the ship's bottom shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened for cargo transfer needed for the purpose of trimming of the ship. (L.N. 177 of 1991) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 29 Subdivision and stability VerDate:30/06/1997 (1) Every new oil tanker shall comply with the subdivision and damage stability criteria as specified in paragraph (3) of this regulation, after the assumed side or bottom damage as specified in paragraph (2) of this regulation, for any operating draught reflecting actual partial or full load conditions consistent with the trim and strength of the ship as well as the specific gravities of the cargo. Such damage shall be assumed to have occurred at all conceivable locations along the length of the ship as follows- (a) in tankers of more than 225 metres in length, anywhere in the ship's length; (b) in tankers of more than 150 metres, but not exceeding 225 metres in length, anywhere in the ship's length except locations involving either after or forward bulkheads bounding the machinery space located aft. This machinery space shall be treated as a single floodable compartment; (c) in tankers not exceeding 150 metres in length, anywhere in the ship's length between adjacent transverse bulkheads with the exception of the machinery space. Any tanker of 100 metres or less in length which cannot fulfil all the requirements of paragraph (3) of this regulation without materially impairing the operational qualities of the ship shall comply with such lesser requirements as the Director may impose. Ballast conditions where the tanker is not carrying oil in cargo tanks excluding any oil residues, shall not be taken into account. (2) The following provisions regarding the extent and the character of the assumed damage shall apply- (a) Side damage (i) Longitudinal extent (1c): 1/3L2/3 or 14.5 metres, whichever is less (ii) Transverse extent (inboard from the ship's side at right angle to the centreline at the level of the summer load line) B/5 or 11.5 metres, whichever is less (iii) Vertical extent From the moulded line of the bottom shell plating at centre line, upwards without limit (b) Bottom damage Position of Damage For 0.3 L from the forward of perpendicular of the ship Any other part the ship (i) Longitudinal extent 1/3L2/3 or 14.5 metres, whichever is less 1/3L2/3 or 5 metres, whichever is less (ii) Transverse extent B/6 or 10 metres, whichever is less B/6 or 5 metres, whichever is less (iii) Vertical extent B/15 or 6 metres,whichever is less measured from the moulded line of the bottom shell plating at centre line B/15 or 6 metres,whichever is less measured from the moulded line of the bottom shell plating at centre line (c) If any damage of a lesser extent than the maximum extent of damage specified in sub-paragraphs (a) and (b) of this paragraph would result in a more severe condition in relation to the ship's stability, such damage shall be assumed. (d) Where the damage envisaged in sub-paragraph (1)(a) or (b) of this regulation would involve transverse watertight bulkheads, such bulkheads shall not be considered effective unless they are spaced at a distance at least equal to the longitudinal extent of the assumed damage specified in sub-paragraphs (a) and (b) of this paragraph. Where such bulkheads are spaced at a lesser distance, one or more of these bulkheads within such extent of damage shall be assumed to be non-existent for the purpose of determining which compartments are flooded. (e) Where the damage envisaged in sub-paragraph (1)(c) of this regulation occurs between adjacent transverse watertight bulkheads no main transverse bulkhead or transverse bulkhead bounding side tanks or double bottom tanks shall be assumed damaged unless- (i) the spacing between the adjacent bulkheads is less than the longitudinal extent of the assumed damage specified in sub-paragraphs (a) and (b) of this paragraph; or (ii) there is a step or recess in the transverse bulkhead of more than 3.05 metres in length, located within the extent of penetration of the assumed damage. The step formed by the after peak bulkhead and after peak tank top shall not be regarded as a step for the purpose of this regulation. (f) If pipes, ducts or tunnels are situated within the assumed extent of damage, arrangements shall be made so that progressive flooding cannot thereby extend to compartments other than those assumed to be floodable for each case of damage. (3) Oil tankers shall be regarded as complying with the damage stability criteria if the following requirements are met- (a) The final waterline, taking into account sinkage, heel and trim, shall be below the lower edge of any opening through which progressive flooding may take place. Such openings shall include air pipes and those openings which are closed by means of weathertight doors or hatch covers, but may exclude those openings which are closed by means of watertight manhole covers and flush scuttles, small watertight cargo tank hatch covers which maintain the high integrity of the deck, remotely operated watertight sliding doors, and side scuttles of the non-opening type. (b) In the final stages of flooding, the angle of heel due to unsymmetrical flooding shall not exceed 25 degrees, provided that this angle may be increased up to 30 degrees if no deck edge immersion occurs as a result of such increase. (c) The stability in the final stage of flooding shall be investigated and may be regarded as sufficient if the righting lever curve has a range of at least 20 degrees beyond the condition of equilibrium in association with a maximum residual righting lever of at least 0.1 metre within the 20 degree range; the area under the curve within this range shall not be less than 0.0175 metre radian. Unprotected openings shall not be immersed within this range unless the space concerned is assumed to be flooded. Within this range, the immersion of any of the openings listed in sub-paragraph (a) of this paragraph and other openings capable of being closed weathertight may be permitted. (d) Equalization arrangements requiring mechanical aids such as valves or cross-levelling pipes, if fitted, shall not be taken into account for the purpose of reducing an angle of heel or attaining the minimum range of residual stability to meet the requirements of sub-paragraphs (a), (b) and (c) of this paragraph and sufficient residual stability shall be maintained during all stages where equalization is used. Spaces which are linked by ducts of large cross-sectional area may be considered to be as one. (e) A Certifying Authority, before approving the stability for the ship, shall be satisfied that the stability is sufficient during intermediate stages of flooding. (4) The requirements of paragraph (1) of this regulation shall be deemed not to have been complied with unless compliance is confirmed by calculations which take into consideration the design characteristics of the ship, the arrangements, configuration and contents of the damaged compartments; and the distribution, specific gravities and free surface effect of liquids. The calculations shall be based on the following- (a) Account shall be taken of any empty or partially filled tank, the specific gravity of the cargo carried, and any outflow of liquids from damaged compartments. (b) The permeabilities assumed for spaces flooded as a result of damage shall be as follows- Spaces Permeability Appropriate to stores 0.60 Occupied as crew accommodation 0.95 Occupied by machinery 0.85 Voids 0.95 Intended for consumable liquids 0 to 0.95* Intended for other liquids 0 to 0.95* * The permeability of partially filled compartments shall be consistent with the amount of liquid carried in the compartment. Whenever damage penetrates a tank containing liquid, it shall be assumed that the contents are completely lost from that compartment and replaced by salt water up to the level of the final plane of equilibrium. (c) The buoyancy of any superstructure directly above the side damage shall not be taken into account. The unflooded parts of superstructure beyond the extent of damage may be taken into account provided that they are separated from the damaged space by watertight bulkheads and that the requirements of sub-paragraph (3)(a) of this regulation in respect of these intact spaces are complied with. Hinged watertight doors may be fitted in watertight bulkheads in the superstructure. (d) The free surface effect shall be calculated at an angle of heel of 5 degrees for each individual compartment. The Director may require, or allow, the free surface corrections to be calculated at any angle of heel greater than 5 degrees for partially filled tanks. (e) In calculating the effect of free surfaces of consumable liquids it shall be assumed that, for each type of liquid at least one transverse pair of tanks or a centreline tank has a free surface and the tank, or combination of tanks, to be taken into account shall be those where the effect of the free surface is the greatest. (5) The master of every new oil tanker and the person in charge of a new non-self-propelled oil tanker to which these Regulations apply shall be supplied by the owner with- (L.N. 177 of 1991) (a) information relative to loading and distribution of cargo necessary to ensure compliance with the provision of this regulation; and (b) data on the ability of the ship to comply with the damage stability criteria prescribed by this regulation, including the effect of any lesser requirements that may have been imposed under sub-paragraph (1)(c) of this regulation. Such information and data shall be supplied in a form approved by the Director. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 30 Requirements for offshore installations VerDate:30/06/1997 PART VI OFFSHORE INSTALLATIONS (1) Offshore installations, when engaged in the exploration, exploitation and associated offshore processing of sea bed mineral resources, shall comply with the requirements of these Regulations applicable to ships of 400 GRT and above other than oil tankers, notwithstanding that the installations are not proceeding on a voyage, except that- (a) they shall be equipped as far as practicable with the installations required by regulations 14 and 25(1) and (2) of these Regulations; (b) they shall keep a record of all operations involving oil or oily mixture discharges, in an approved form. (2) Subject to regulation 11, any offshore installation when so engaged shall not discharge into any part of the sea any oil or oily mixtures except when the oil content of the discharge without dilution does not exceed 15 ppm. (L.N. 641 of 1994) (3) For the purpose of this regulation- (a) "offshore installation" (離岸設置) means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources; (b) "oil or oily mixtures" (油類或油性混合物) means discharge associated with platform drainage and does not include production or displacement water discharge. "offshore installation" (離岸設置) "oil or oily mixtures" (油類或油性混合物) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 31 Reports to be made in the event of a discharge or likely discharge VerDate:30/06/1997 PART VII REPORTING OF DISCHARGES (1) This regulation applies to- (a) all ships within 200 miles of Hong Kong; (b) all Hong Kong ships within 200 miles of the nearest land; (c) all Hong Kong oil tankers when fully or partly laden; and (d) all Hong Kong ships of 10000 GRT and above. (2) The master of a ship to which this regulation applies shall maker reports in accordance with paragraphs (4) and (6) of this regulation whenever an incident involves any discharge or probable discharge of oil or oily mixtures as a result of damage to the ship or its equipment or for the purpose of securing the safety of the ship or saving life at sea. In assessing the probability of a discharge, the master shall take into account- (a) the nature of the damage, failure or breakdown of the ship, machinery or equipment; (b) sea and wind state and traffic density in the area at the time and place of the incident. (3) The master may make a report in cases of- (a) any damage, failure or breakdown which affects the safety of ships, such as collision, grounding, fire, explosion, structural failure, flooding or cargo shifting; and (b) any failure or breakdown of machinery or equipment which results in the impairment of the safety of navigation, such as failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids. (4) (a) The master of a ship proceeding to enter the waters of Hong Kong shall make any report required by this regulation without delay, either directly through the owner or his agent, or through the coast radio station to the Director, not less than 12 hours prior to the expected arrival of the ship. (b) The master of a Hong Kong ship more than 200 miles from Hong Kong hall make any report so required without delay to the nearest coastal State or to the coastal State which he considers to be most at risk from the actual or potential effects of the incident. (5) The master's initial report shall contain the following particulars- (a) name of ship, call sign, frequency or radio channel kept open; (b) date and time of incident; (c) position and extent of any pollution, including, if possible estimated amount and surface area of spill; (d) present position of ship (if different from (c)); (e) if discharge is continuing, approximate rate of release; (f) wind direction and speed, and condition of current or tide affecting spill movement; (g) weather conditions and sea state in ship's present position; (h) type of oil discharged; (i) types and quantities of oils still on board and whether or not carried as cargo; (j) type of ship, size, nationality and port of registry; (k) ship's course, speed and destination, if proceeding on its way; (l) brief description of the incident, including damage sustained and the cause of any discharge; (m) ability to transfer cargo or ballast or bunkers; (n) any remedial action taken or intended to deal with any actual or potential pollution or to control the movement of the ship; (o) forecast of likely movement and effect of pollution with estimated timing; and (p) assistance which has been requested from or which has been provided by other ships or agencies. (6) Following the initial report the master shall make a further report to the authority referred to in paragraph (4), containing the following particulars- (a) position of ship at time of incident, if different from that at the time of the initial report; (b) estimate of the quantities, concentrations and likely conditions of oils- (i) discharged; and (ii) likely to be discharged, from the ship; (c) ship's course, speed and destination at time of incident, if different from that at the time of the initial report; (d) all relevant information regarding the condition of the ship; and (e) telegraphic address of the ship's operator, charterer and nearest local agent. MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 32 Approved emergency plan to be carried on board VerDate:30/06/1997 PART VIII SHIPBOARD OIL POLLUTION EMERGENCY PLAN (1) The owner of- (a) every Hong Kong oil tanker of 150 GRT and above and every other Hong Kong ship of 400 GRT and above; (b) every oil tanker of 150 GRT and above within the waters of Hong Kong and every other ship of 400 GRT and above within the waters of Hong Kong (other than an oil tanker or other ship mentioned in paragraph (a)), shall carry on board a Shipboard Oil Pollution Emergency Plan (in this Part referred to as "the plan") which has been approved by the Director or the Certifying Authority or, in the case of a vessel mentioned in paragraph (b), by the Administration of the flag state of the vessel or an agent of that Administration authorized for the purpose. (2) For existing ships the requirement of paragraph (1) shall apply from 4 April 1995. (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 33 Preparation of emergency plan to be in accordance with guidelines VerDate:30/06/1997 The plan shall be prepared in accordance with such guidelines as may be issued by the Organization relating to the development of shipboard oil pollution emergency plans. (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 34 Requirement as to emergency plan VerDate:30/06/1997 The plan shall consist at least of- (a) the procedure to be followed by the master and other persons having charge of the ship in reporting an oil pollution incident as required by the Merchant Shipping (Reporting of Pollution Incidents) Regulations (Cap 413 sub. leg. C) and consistent with the guidelines adopted by the IMO resolution A.648(16) entitled "General principles for ship reporting system and ship reporting requirements, including Guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants"; (b) the list of authorities or persons to be contacted in the event of an oil pollution incident; (c) a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil following the incident; and (d) the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution. (Part VIII added L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 35 Power to inspect VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART IX POWERS TO INSPECT, DENY ENTRY, DETENTION AND PENALTIES (1) A ship to which these Regulations apply shall be subject, in the waters of Hong Kong, to inspection by persons appointed by the Secretary for Transport and Housing. Any such inspection shall be limited to verifying that there is on board a valid IOPP Certificate in the form prescribed by the Convention or HKOPP Certificate in a form prescribed in Schedule 1 hereto, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate. In that case, or if the ship does not carry a valid certificate, the inspector shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. The Director may in such a case permit the ship to leave the waters of Hong Kong for the purposes of proceeding to the nearest appropriate repair yard. (L.N. 106 of 2002; L.N. 130 of 2007) (2) Upon receiving evidence that a particular ship has discharged oil or an oily mixture contrary to the provisions of these Regulations the Director shall cause the matter to be investigated and shall inform the State which has reported the contravention, as well as the Organization, of the action taken. (3) The Director may also cause a ship other than a Hong Kong ship to be inspected when she enters the waters of Hong Kong if a request for an investigation is received from any State which is a Party to the Convention together with sufficient evidence that the ship has discharged oil or an oily mixture in any place. The report of such investigation shall be sent to the State requesting it, the State in which the ship is registered and to the Director. (4) For the purposes of this regulation any person appointed as an inspector shall have the powers of an inspector set out in sections 115 and 116 of the Merchant Shipping (Safety) Ordinance (Cap 369). (37 of 1990 s. 12) (L.N. 641 of 1994) MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS - REGULATION 36 Power to deny entry or detain VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) If the Director has reason to believe that a ship does not comply with the requirements of these Regulations, he shall immediately report the matter to the Secretary for Transport and Housing and, if the Secretary is satisfied that the ship represents an unreasonable threat of harm to the marine environment, the Director may deny the entry of such ship to the waters of Hong Kong. (L.N. 106 of 2002; L.N. 130 of 2007) (2) The Director may, if he has reason to believe that a contravention of these Regulations has occurred in respect of a ship, detain the ship and, in the circumstances prescribed in regulation 9(1) and (6), shall detain the ship. (37 of 1990 s. 12) (3) Where in the case of a ship other than a Hong Kong ship the Director denies a ship entry pursu