(Cap 369 section 107) [14 July 1995] (L.N. 318 of 1995) Cap 369AV s 1 Interpretation (1) In this Regulation- "bulk cargo" (散装货物) means cargo which is carried directly and without intermediate form of containment in the structural cargo spaces of a ship, and "in bulk" (散装) shall be construed accordingly; "cargo" (货物) does not include- (a) grain in bulk; (b) any liquid in bulk; (c) any liquefied gas in bulk; and (d) any substance forming part of the equipment or stores of the ship in which the cargo is carried;"Cargo Securing Manual" (《稳固货物手册》) means a manual which- (a) specifies requirements in respect of all relevant aspects of stowing and securing cargo on ships engaged in the carriage of cargoes other than solid and liquid bulk cargoes; (b) is approved by the Director or by an organization authorized by him for the purpose; and (c) is of a standard equivalent to or higher than the guidelines contained in the Annex to the MSC/Circular 745 (that is to say, the Circular of the Maritime Safety Committee of the IMO of that number described as "Guidelines for the preparation of the Cargo Securing Manual"); (L.N. 85 of 1999)"cargo units" (货物单元) means units of cargo that are consolidated as such by the provision of a form of containment other than the structural cargo space of a ship; "Code of Safe Practices for Cargo Stowage and Securing" (《货物积载和系固安全实用规则》) means the code of the same name adopted by the IMO by resolution A.714(17)- (a) amended by MSC/Circular 664 (that is to say, the Circular of the Maritime Safety Committee of the IMO of that number described as "Code of Safe Practices for Cargo Stowage and Securing (CSS Code) and Amendments to the CSS Code"); (b) amended by MSC/Circular 691 (that is to say, the Circular of the Maritime Safety Committee of the IMO of that number described as "Code of Safe Practices for Cargo Stowage and Securing (CSS Code) and Amendments to the CSS Code"); and (c) as may be amended further from time to time; (L.N. 85 of 1999)"freight container" (货运集装箱) means an article of transport equipment (other than a vehicle or packaging) used for containment of cargo and which is- (a) strong enough for repeated use; (b) capable of facilitating the transport of goods by one or more modes of transport without intermediate reloading; and (c) capable of being readily handled and secured during carriage, and have fittings for these purposes,and includes any such container carried on a chassis; "grain" (谷物) includes wheat, maize (corn), oats, rye, barley, rice, pulses and seeds whether in natural form or in such a processed form that its characteristics resemble those of its natural form with regard to liability to shift when loaded; "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "IMDG Code" (国际海运危险货物守则) means the 1992 consolidated edition of the International Maritime Dangerous Goods Code published by IMO; "IMO" means the International Maritime Organization; "Merchant Shipping Notice" (商船公告) means a notice described as such, issued by the Director, and includes a reference to any instrument amending or replacing that Notice which is approved by the Director and notified to this effect in the Gazette; "moisture content" (含湿量) in relation to a substance means the proportion of a representative sample of the substance consisting of water, ice or other liquid expressed as a percentage of the total wet mass of that sample; "pesticide" (除害剂) means- (a) any insecticide, fungicide, herbicide, acaricide or any substance (whether organic or inorganic) or mixture of substances used or intended to be used for preventing, destroying, repelling, attracting, inhibiting or controlling any insect, rodent, bird, nematode, bacterium, fungus, weed or other form of plant or animal life or any virus, which is a pest; or (b) any substance or mixture of substances used or intended to be used as a plant growth regulator, defoliant or desiccant,but does not include- (i) any purely mechanical device for trapping or catching insects, rodents or other animals; (ii) any purely electromagnetic or ultrasonic device for the control of mosquitoes, rodents or other pests; (iii) any antiseptic, disinfecting solution or preparation in clinical or sanitary applications; and (iv) any pharmaceutical product within the meaning of section 2 of the Pharmacy and Poisons Ordinance (Cap 138);"port authority" (港口当局)- (a) in relation to the port of Hong Kong, means the Director; and (b) in relation to a port outside Hong Kong, means the person having control of the operation of the port; (L.N. 85 of 1999)"ro-ro cargo spaces" (滚装货舱) means spaces, which are not normally subdivided in any way and extend to a substantial length or the entire length of the ship and in which goods (packaged or in bulk) which are in or on- (a) rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets or demountable tanks; or (b) similar storage units or other receptacles,can be loaded and unloaded normally in a horizontal direction; (L.N. 85 of 1999) "terminal representative" (码头代表), in relation to a terminal, wharf or other similar facility, means the person appointed under section 8A(1) or (2) to be the terminal representative in respect of the terminal, wharf or other similar facility; (L.N. 85 of 1999) "tons" (吨) means gross tonnage and shall be- (a) for a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.), the larger of those tonnages; (b) for a ship having its tonnage determined both under Part II and regulation 16 of those Regulations, its gross tonnage as determined under regulation 16;"transportable moisture limit" (可运输水分限量) in relation to a substance means the maximum moisture content of the substance which is considered safe for carriage in ships not complying with the special provisions of paragraphs 7.2.2 and 7.2.3 of the Code of Safe Practice for Solid Bulk Cargoes, published by IMO, as derived in accordance with- (a) Appendix D. 1 of that Code; or (b) other test methods approved by the appropriate authority of the port state as being equally reliable.(2) Any reference in this Regulation to the IMDG Code shall include a reference to any document amending that publication which is considered by the Director to be relevant and is specified in a Merchant Shipping Notice. Cap 369AV s 2 Application (1) Subject to subsection (2), this Regulation applies in relation to- (a) Hong Kong ships; and (b) other ships while they are within the waters of Hong Kong.(2) This Regulation shall not apply in relation to any ship which is not a Hong Kong ship if it would not have been within the waters of Hong Kong but for stress of weather or any other circumstances which both the owner, the charterer (if any) and the master of the ship could not have prevented or forestalled. (3) The Director may on such terms (if any) as he may specify- (a) grant exemptions from all or any of the provisions of this Regulation for ships of under 500 tons if he is satisfied, having regard to the sheltered nature and conditions of voyage on which such ships engage, that it is unreasonable or unnecessary to require compliance with section 3(1), 4, 5, 6(1), (2), (3) or (4) or 8(1), (2), (4), (5) or (6) in relation to such ships; and (b) after giving reasonable notice, vary or revoke any such exemption. (Enacted 1995) Cap 369AV s 3 Cargo information to be furnished before loading (1) A- (a) master or owner of a ship; or (b) person assigned by the owner or master of a ship to take charge of loading cargoes on the ship,shall not accept for carriage by the ship any cargo unless the shipper of the cargo has, before the cargo is accepted, furnished such master, owner or person with information on the cargo in accordance with subsection (2). (2) Information on cargoes referred to in subsection (1) shall be- (a) furnished- (i) in writing; or (ii) by means of transmission of electronic data which can be reproduced in a legible form; and(b) furnished at such time and in such detail that would allow sufficient time for putting in to effect in relation to stowage and carriage of the cargo precaution that is necessary to minimize the risk to the safety of the ship or the health or safety of any person on board the ship.(3) Information on cargoes referred to in subsection (1) shall be- (a) in the case of bulk cargo- (i) the figure which expresses the number of cubic metres which one tonne of such cargo will occupy; (ii) the trimming procedure of the cargo; and (iii) (where the cargo may liquefy when carried by sea) a certificate on the moisture content and transportable moisture limit of such cargo; and (iiia) the likelihood of shifting of the cargo and, in the case of non-cohesive granular material, the angle of repose (being the maximum slope angle between a horizontal plane and the cone slope of the material); and (L.N. 85 of 1999) (iv) (where the cargo is not goods classified in the IMDG Code or any other IMO publication as dangerous for carriage by sea but nevertheless has chemical properties which might create a risk to the health or safety of any person if such cargo is carried by sea) information on the chemical properties of such cargo;(b) in the case of any other cargo- (i) a general description of the cargo; (ii) the gross mass of the cargo or, where the cargo is carried in cargo units; the gross mass of such cargo units; (L.N. 85 of 1999) (iii) any properties of the cargo that are relevant to the safe carriage of the cargo by sea; and (L.N. 85 of 1999) (iv) the information required to be furnished under sub-chapter 1.9 of the Code of Safe Practices for Cargo Stowage and Securing. (L.N. 85 of 1999)(4) Before the loading of any cargo unit on board a ship, the shipper of the cargo unit shall ensure that the gross mass of such unit shall be the same as that declared in respect of such unit on any shipping document. (5) Any person who contravenes subsection (1) or (4) commits an offence. (6) Any person who furnishes any information referred to in subsection (1) which- (a) he knows to be false; or (b) he has no reasonable grounds to believe to be true,commits an offence. Cap 369AV s 4 Provision of oxygen analysis and gas detection equipment (1) Where a ship carrying on board any bulk cargo which may- (a) emit any toxic or inflammable gas; or (b) cause oxygen depletion in a cargo space,is not provided with an instrument for measuring the concentration of such gas or oxygen in the air which is in effective working condition, the master or owner of the ship commits an offence. (2) The master of a ship which is provided with an instrument in accordance with subsection (1) shall ensure that at any time when the ship carries on board any bulk cargo which may- (a) emit any toxic or inflammable gas; or (b) cause oxygen depletion in a cargo space,there are sufficient members of the crew who have been given on-board training in the use of the instrument. (3) A master who contravenes subsection (2) commits an offence. (Enacted 1995) Cap 369AV s 5 Safe use of pesticides in ships (1) Where any pesticide is used in a ship, the master or owner of the ship shall ensure that the pesticide is so used as to minimize the risk created by the use of such pesticide to the health of- (a) any person on board the ship; and (b) any person who may come in contact with any cargo carried in the ship.(2) Any person who contravenes subsection (1) commits an offence. (3) In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence. (4) In considering whether a person has taken all reasonable steps to avoid commission of an offence under subsection (2), his acting or failure to act in accordance with the Recommendation on the Safe Use of Pesticides in Ships published by the IMO as amended from time to time by a resolution of the Maritime Safety Committee of the IMO may be relied upon as tending to establish or negate any liability which is in question. (Enacted 1995) Cap 369AV s 6 Stowage and securing of cargoes (1) The master of a ship shall ensure that cargoes carried on a ship shall be so loaded, stowed and secured as to minimise the risk to the safety of the ship or the health or safety of any person on board the ship. (2) The shipper of any cargo carried in a cargo unit shall ensure that the cargo is so packed and secured within the containment as to minimize the risk to the safety of the ship or the health or safety of any person on board the ship. (3) The master or a member of the crew of a ship who is in charge of loading cargoes on the ship shall ensure that heavy cargoes or cargoes with abnormal physical dimensions are so loaded on and transported within the ship as to- (a) minimize the risk of damage to the structure of the ship; and (b) ensure that the ship will retain sufficient stability at all stages of the voyage in all probable sea conditions.(4) The master or a member of the crew of a ro-ro ship who is in charge of loading and discharging cargoes on the ship shall ensure that cargo units are so loaded on and transported within the ship and so secured, having regard to the strength of the securing points and lashings, as to minimize the risk to the safety of the ship and any person on board. (4A) The master of a ship shall ensure that cargo units, including vehicles and freight containers, are loaded, stowed and secured throughout the voyage in accordance with a Cargo Securing Manual. (L.N. 85 of 1999) (4B) In a ship with ro-ro cargo spaces, the master shall ensure that the securing of cargo units is completed, before the ship leaves its berth, in accordance with a Cargo Securing Manual. (L.N. 85 of 1999) (4C) The master of a ship carrying cargo, other than a ship carrying- (a) only solid bulk cargo; or (b) only liquid bulk cargo,shall ensure that a Cargo Securing Manual is carried on the ship. (L.N. 85 of 1999) (5) Any person who contravenes subsection (1), (2), (3), (4), (4A), (4B) or (4C) commits an offence. (L.N. 85 of 1999) (6) In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence. Cap 369AV s 7 Freight containers not to be overloaded Any person who loads a freight container to be shipped from Hong Kong to more than the maximum gross weight indicated on the safety approval plate, as described in the Appendix to the 1992 Edition of the International Convention For Safe Containers, 1972, affixed to the freight container commits an offence. (Enacted 1995) Cap 369AV s 8 Provisions in respect of bulk cargo (1) The owner of a ship shall ensure that no bulk cargo is loaded on a ship unless the master of the ship is in possession of- (a) information relating to the stability of the ship appropriate to the ship in respect of all matters (where applicable) specified in Schedule 7 to the Merchant Shipping (Safety) (Load Line) Regulations (Cap 369 sub. leg.) which information shall be in the form required by that Schedule; and (b) such necessary information relating to the proposed distribution of the cargo that would enable the master to form a judgement as regards the stability of the ship at all stages of the voyage in all probable sea conditions which information shall be in written or diagrammatic form, furnished in writing or by means of transmission of electronic data which can be reproduced in legible form.(2) The master or owner of a ship shall not accept for carriage by the ship any ore concentrates or other cargo which may liquefy when carried by sea unless- (a) the actual moisture content of such concentrates or cargo is less than its transportable moisture limit; or (b) the carriage is approved by the Director upon an application by the owner.(3) The Director shall not grant an application under subsection (2)(b) unless he is satisfied that- (a) the proposed loading will not result in unacceptable levels of stress in the hull; and (b) the carriage of the concentrates or cargo will not prejudice the stability of the ship at all stages of the voyage in all probable sea conditions.(4) An owner or master of a ship shall, before accepting for carriage by the ship any bulk cargo which is not goods classified in the IMDG Code or any other IMO publication as dangerous for carriage by sea but nevertheless has chemical properties which might create a risk to the health and safety of any person if such cargo is carried by sea, take all reasonable precautions to minimize the risk. (5) Bulk cargoes carried on a ship shall be so loaded and trimmed level, as necessary, to the boundaries of the cargo space as to minimise the risk of shifting. (6) Where bulk cargoes are carried on an enclosed deck of a ship- (a) the hatchway in that deck shall be kept closed if the information referred to in section 8(1)(a) indicates that the level of stress of the bottom structure of the ship would exceed the maximum designed loading as supplied by the builder of the ship if the hatchways were left open; (b) the cargoes shall be- (i) trimmed reasonably level and extend from side to side of the space in which they are carried; or (ii) secured by additional longitudinal divisions of sufficient strength; and(c) the loading of such decks shall not exceed the safe load-carrying capacity.(7) Any person who contravenes subsection (1), (2) or (4) commits an offence. (8) Where there is a contravention of subsections (5) and (6) in relation to a ship, the master of the ship commits an offence. (9) In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence. (Enacted 1995) Cap 369AV s 8A Duty of owner of terminal, etc., to appoint terminal representative (1) Not later than 14 days after the commencement of this section, the owner of a terminal, wharf or other similar facility shall appoint, in writing, a person to be responsible for operations conducted by the terminal, wharf or other similar facility with regard to a ship when the ship is loading or unloading. (2) If a terminal representative appointed under subsection (1) or this subsection becomes unwilling to act or unable to act, whether by reason of the termination of his appointment or for any other reason, the owner shall appoint another person to be the terminal representative so as to ensure that the position of terminal representative will not be left vacant. (3) The owner shall, not later than 14 days after appointing a person as the terminal representative, furnish the port authority with the following particulars of the appointment- (a) the names and addresses of the owner and that person; (b) the date of the appointment; and (c) the consideration, if any, to be paid to that person.(4) Any person who contravenes subsection (1), (2) or (3) commits an offence. (L.N. 85 of 1999) Cap 369AV s 8B Loading, unloading and storage of bulk cargoes (1) A master or owner of a ship shall not accept for carriage by the ship any bulk cargo unless the owner has, before the cargo is accepted, furnished the master with information in writing- (a) in accordance with subsection (2); and (b) in the Chinese language or the English language and, where the information is in the Chinese language, with a translation thereof in the English language.(2) Information on or in relation to cargoes referred to in subsection (1) shall be- (a) the information required to be provided under regulations 30 and 31 of the Merchant Shipping (Safety) (Load Line) Regulations (Cap 369 sub. leg.) by the owner of the ship to the master of the ship; (b) the ballasting and deballasting rates and capacities; (c) the maximum allowable load per unit surface area of the tank top plating; (d) the maximum allowable load per hold; (e) the general loading and unloading instructions with regard to the strength of the ship's structure including any limitations on the most adverse operating conditions during loading, unloading, ballasting operations and the voyage; (f) the most adverse operating conditions, if any, permitted by the Director; and (g) where strength calculations are required, the maximum permissible forces and moments on the ship's hull during loading, unloading and the voyage.(3) A master of a ship and the terminal representative of the terminal, wharf or other similar facility concerned shall- (a) before a bulk cargo is loaded or unloaded agree upon a plan in writing- (i) ensuring that the permissible forces and moments on the ship are not exceeded during loading or unloading; and (ii) which includes the sequence, quantity and rate of loading or unloading, taking into consideration the speed of loading or unloading, the number of pours and the ballasting or deballasting capability of the ship;(b) provide a copy of the plan (and any subsequent amendment thereto) to the port authority- (i) as soon as is reasonably practicable; or (ii) where the port authority has requested a copy, immediately upon the request being communicated; and(c) ensure that loading or unloading of the cargo is carried out- (i) in accordance with the plan; and (ii) in a manner that does not damage the ship's structure.(4) Where bulk cargo is being loaded or unloaded, a master of a ship shall- (a) ensure that the loading or unloading, as the case may be, is continuously monitored by one or more of the ship's personnel; (b) ensure that the ship's draught is checked regularly to confirm the tonnage figures supplied; (c) record in writing each draught and tonnage check carried out under paragraph (b); and (d) if he is of the opinion that any of the limits of the ship referred to in subsection (2) are exceeded or are likely to be exceeded if the loading or unloading continues- (i) immediately take corrective action (which may be or include the suspension of the loading or unloading operation); and (ii) if the corrective action results in the suspension of the loading or unloading operation, as soon as practicable furnish the port authority with particulars of the limits to which the corrective action relates and particulars of the corrective action taken.(5) Any person who contravenes subsection (1), (3) or (4) commits an offence. (6) In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence. (L.N. 85 of 1999) Cap 369AV s 9 Penalties Any person who commits an offence under any provision of this Regulation shall be liable to a fine of $20000 and imprisonment for 2 years. (Enacted 1995)
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