(Cap 369 sections 101 and 107) [2 August 1991] (L.N. 294 of 1991) Cap 369Z reg 1 Citation PART I PRELIMINARY (1) These regulations may be cited as the Merchant Shipping (Safety) (Gas Carriers) Regulations. (2) (omitted as spent) (Enacted 1991) Cap 369Z reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "Cargo Ship Safety Construction Certificate" (货船构造安全证明书), "Cargo Ship Safety Equipment Certificate" (货船设备安全证明书), "Cargo Ship Safety Radiotelegraphy Certificate" (货船无线电报安全证明书) and "Cargo Ship Safety Radiotelephony Certificate" (货船无线电话安全证明书) mean respectively the certificates so entitled, issued in conformity with the 1974 SOLAS Convention and, in the case of a Hong Kong ship, under or pursuant to the Ordinance; "constructed" (建造) in regulation 3 means, in relation to a ship, having its keel laid or being at a similar stage of construction, and "similar stage of construction" (相若建造阶段) means the stage at which- (a) construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced, comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less;"Director" (处长) means the Director of Marine; "gas carrier" (气体运输船) means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas listed in Chapter 19 of the 1983 IGC Code or 1993 IGC Code or any other substance so listed; (L.N. 420 of 1996) "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "IBC Code" (《国际散化规则》) means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1994 Edition) published by the International Maritime Organization, as amended from time to time; (L.N. 420 of 1996) "1983 IGC Code" (《1983年国际气体规则》) means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to Resolution MSC. 5(48) adopted by the Maritime Safety Committee of the International Maritime Organization on 17 June 1983; (L.N. 420 of 1996) "1993 IGC Code" (《1993年国际气体规则》) means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the International Maritime Organization; (L.N. 420 of 1996) "in bulk" (散装) means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located on, a ship; "International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk" (国际散装运输液化气体适装证明书) means, in relation to a Hong Kong ship, a certificate issued pursuant to regulation 7 and, in relation to any other ship, a certificate issued in conformity with Chapter 1 of the 1983 IGC Code or 1993 IGC Code by or on behalf of the Administration of the State in which the ship is registered; (L.N. 420 of 1996) "surveyor" (验船师) means a surveyor appointed by the Director under regulation 6 or a person appointed under section 5 of the Ordinance to be a Government Surveyor; "the 1974 SOLAS Convention" (《1974年海上人命安全公约》) means the International Convention for the Safety of Life at Sea, 1974, as amended. (2) For the purposes of the definitions of "1983 IGC Code" (《1983年国际气体规则》) and "1993 IGC Code" (《1993年国际气体规则》)- (a) the requirements of the 1983 IGC Code and 1993 IGC Code having been made mandatory under regulation 4 the language thereof shall be construed accordingly; (b) the definitions set out in Chapter 1, paragraph 1.3 thereof, shall apply; (c) references to the Administration shall, in relation to Hong Kong ships, be references to the Director; and references to the Port Administration shall, in relation to all ships in the waters of Hong Kong, be references to the Director; (d) the text of the 1983 IGC Code is to be amended according to Schedule 1; (L.N. 420 of 1996) (e) (Repealed L.N. 420 of 1996) (f) each of the references to regulations of the 1974 SOLAS Convention listed in columns 1 and 2 of the table in Schedule 2 shall be construed as a reference to the corresponding provision contained in regulations made pursuant to the Ordinance. (Enacted 1991. L.N. 420 of 1996) Cap 369Z reg 3 Application (1) These regulations apply, subject to subregulations (2) and (3) and regulation 11- (a) to gas carriers which are constructed on or after 1 July 1986; (b) to ships which are converted to being gas carriers on or after that date; and (c) to gas carriers which were constructed before that date but which have undergone repairs, alterations or modifications of a major character on or after that date.(2) Where a ship is constructed or adapted to carry one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the 1983 IGC Code or 1993 IGC Code and is not constructed or adapted to carry any substance listed only in Chapter 19 of the 1983 IGC Code or 1993 IGC Code then these regulations shall not apply to that ship. (L.N. 420 of 1996) (3) These regulations apply to ships specified in subregulation (1) which are- (a) Hong Kong ships; or (b) ships other than Hong Kong ships within the waters of Hong Kong. (Enacted 1991) Cap 369Z reg 4 Compliance with the 1983 IGC Code or 1993 IGC Code (1) Every ship to which these regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapter 1, paragraphs 1.1.4.1-1.1.4.4 inclusive, and Chapters 2-19 inclusive of the 1983 IGC Code or 1993 IGC Code pursuant to subregulation (2). (L.N. 420 of 1996) (2) (a) Gas carries which were constructed on or after 1 July 1986 but before 1 October 1994 shall comply with the 1983 IGC Code; and gas carriers which are constructed on or after 1 October 1994 shall comply with the 1993 IGC Code. (b) Ships which were converted to being gas carriers on or after 1 July 1986 but before 1 October 1994 shall comply with the 1983 IGC Code; and ships which are converted to being gas carriers after 1 October 1994 shall comply with the 1993 IGC Code. (c) Gas carriers which were constructed before 1 July 1986 but which have undergone repairs, alterations or modifications of a major character on or after 1 July 1986 but before 1 October 1994 shall comply with the 1983 IGC Code, and gas carriers which were constructed before 1 October 1994 but which have undergone repairs, alterations or modifications of a major character on or after 1 October 1994 shall comply with the 1993 IGC Code. (L.N. 420 of 1996) (Enacted 1991) Cap 369Z reg 5 Survey requirements PART II SURVEY AND CERTIFICATE (1) The structure, equipment, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radiotelegraphy Certificate or Cargo Ship Safety Radiotelephony Certificate is issued) of a gas carrier shall be subject to the following surveys- (a) an initial survey before the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk is issued for the first time, which shall include a complete examination of its structure, equipment, fittings, arrangements and materials in so far as the ship is covered by the 1983 IGC Code or 1993 IGC Code, as the case may be; such a survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the applicable provisions of the 1983 IGC Code or 1993 IGC Code, as the case may be; (b) a periodical survey at intervals not exceeding 5 years which shall be such as to ensure that the structure, equipment, fittings, arrangements and materials comply with the applicable provisions of the 1983 IGC Code or 1993 IGC Code, as the case may be; (c) a minimum of one intermediate survey during the period of validity of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be held not before 6 months prior to, nor later than 6 months after, the half-way date of the certificate's period of validity; intermediate surveys shall be such as to ensure that the equipment and associated pump and piping systems comply with the applicable provisions of the 1983 IGC Code or 1993 IGC Code, as the case may be and are in good working order; a record of such surveys in the form entitled "Endorsement for Intermediate Surveys" set out in the appendix to the 1983 IGC Code or 1993 IGC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; (d) an annual survey within 3 months before or after the anniversary date of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk which shall include a general examination to ensure that the structure, equipment, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended; a record of such survey in the form entitled "Endorsement for Mandatory Annual Surveys" set out in the appendix to the 1983 IGC Code or 1993 IGC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; (e) an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 9(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without danger to the ship or persons on board; a record of such survey shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk certifying that on completion of the survey the ship complied with the relevant provisions of the 1983 IGC Code or 1993 IGC Code, as the case may be. (L.N. 420 of 1996)(2) Every such survey of a Hong Kong ship shall be carried out by a surveyor, and application for such a survey shall be made by or on behalf of the owner to the Director. (Enacted 1991) Cap 369Z reg 6 Power of Director in respect of appointments and delegations (1) The Director may, in writing, appoint persons to be surveyors for the purposes of these regulations. (2) A surveyor shall have such powers, functions and duties as are prescribed, respectively, in these regulations. (3) The Director may, in writing, delegate to any public officer or class of public officers any of his powers, functions or duties under these regulations and may at any time revoke any such delegation. (4) No delegation under subregulation (3) shall preclude the Director from exercising or performing at any time any power, function or duty so delegated. (Enacted 1991) Cap 369Z reg 7 Issue of International Certificate of Fitness (1) Upon satisfactory completion of an initial or periodical survey the Director shall issue to a ship which complies with the relevant requirements of the 1983 IGC Code or 1993 IGC Code, as the case may be a certificate called an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the model form of which is set out in the appendix to the 1983 IGC Code or 1993 IGC Code, as the case may be. (L.N. 420 of 1996) (2) A certificate shall cease to be valid- (a) if any survey required by regulation 5(1)(c) or (d) is not completed within the period specified for that survey; (b) if any survey required by regulation 5(1)(e) is not completed within such reasonable time as the surveyor may specify; or (c) upon transfer of the ship to registry in another State.(3) In either of the cases specified in subregulation (2)(a) or (b) the owner shall deliver up the certificate issued in relation to the ship to the Director on demand. (4) In the case of a ship which has been transferred from registry in another State to registry in Hong Kong the Director may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied that, notwithstanding that the surveys were not carried out as required by regulation 5(2)- (a) the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and (b) the ship was issued by or on behalf of the Administration of that other State with a certificate of fitness which would, but for the change of registry, have remained valid; and (c) the condition of the ship and its equipment has been maintained in conformity with the provisions of the 1983 IGC Code or 1993 IGC Code, as the case may be; and (L.N. 420 of 1996) (d) since completion of the surveys referred to in paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys, without the sanction of the Administration of that other State or of the Director, except by direct replacement,issue to that ship an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk for a period to be determined by the Director, but not exceeding the expiry date of the certificate referred to in paragraph (b). (5) The International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk shall be kept on board ship and shall be available for inspection at all reasonable times. (Enacted 1991) Cap 369Z reg 8 Fees Fees shall be payable in respect of surveys and other services provided under these regulations and shall be determined as prescribed by the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) and, as respects the time involved, by reference to the hourly rate calculated in accordance with those regulations. (Enacted 1991) Cap 369Z reg 9 Maintenance of condition after survey (1) The condition of the ship and its equipment shall be maintained so as to conform with the provisions of the 1983 IGC Code or 1993 IGC Code, as the case may be. (L.N. 420 of 1996) (2) After any survey of the ship under regulation 5 has been completed, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Director, except by direct replacement. (3) Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or crew, the master or owner of the ship shall report at the earliest opportunity to the Director, who shall determine whether an additional survey is necessary and if the ship is in a port of another State, the master or owner shall also report immediately to the appropriate authority of the government of the State in which the port is situated. (Enacted 1991) Cap 369Z reg 10 Equivalents PART III MISCELLANEOUS Where the 1983 IGC Code or 1993 IGC Code, as the case may be requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Director may allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or that any particular provision, procedure or arrangement is at least as effective as that required by the 1983 IGC Code or 1993 IGC Code, as the case may be. (Enacted 1991. L.N. 420 of 1996) Cap 369Z reg 11 Exemptions The Director may on such terms (if any) as he may specify grant exemptions from- (a) all or any of the provisions of these regulations for any gas carrier referred to in regulation 3(1)(c) or any class of such gas carrier; (b) all or any of the provisions of regulation 4 for any ship or any class of ship. (Enacted 1991) Cap 369Z reg 12 Loading and carriage in bulk of dangerous substances No ship to which these regulations apply shall load in bulk or carry in bulk any of the substances listed in Chapter 19 of the 1983 IGC Code or 1993 IGC Code, as the case may be unless- (a) there is in force in respect of that ship a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk covering the substance which the ship is loading or carrying; or (b) the Director has given specific approval to its carriage. (Enacted 1991. L.N. 420 of 1996) Cap 369Z reg 13 Penalties (1) Where there is a contravention of regulation 4, 5, 9 or 12 the owner and master of the ship concerned each commits an offence and is liable to a fine of $10000. (2) Where there is a contravention of regulation 5(2) the owner of the ship concerned commits an offence and is liable to a fine of $10000. (3) It shall be a defence for a person charged with an offence under these regulations to prove that he took all reasonable steps to ensure that the regulations were complied with. (Enacted 1991) Cap 369Z Sched 1 AMENDMENTS TO 1983 IGC CODE (Resolution MSC. 5(48)) [regulation 2] (Paragraph numbers and amended text refer to the IMO's authentic text of the 1983 IGC Code in the English language) Paragraph Amendments 2.7.8.1 Amend reference to read 2.9.1.1. 2.7.8.2 Amend reference to read 2.9.2.1. 2.9.2.1 Fifth line, replace "m/rad." by "m.rad". 3.2.4 Second line, insert ", machinery spaces" between "spaces" and "and". Fourth line, insert "(L)" between "length" and "of the ship". Fourth and fifth lines, replace "house" by "superstructure or deckhouse". Seventh line, replace "houses" by "superstructures or deckhouses". 3.2.5 Second line, replace "are to" by "or deckhouse should". 3.2.6 Third line, replace "are to" by "shall". 3.8.4 Sixth line, replace "house" by "superstructure or deckhouse". 4.3.2 Replace "heq", "hgd" and "(hgd)max" by "Peq", "Pgd" and "(Pgd)max". 4.3.2.1 First line, delete "head". 4.3.2.2 Third line, insert "liquid" after "internal". Fourth line, delete "head". 4.4.5.1 Last paragraph, replace "analyses" by "analysis" in three places. 4.4.5.6 Note Cw, delete"=". 4.7.6.1 Last two lines, replace "in way of" by "adjacent to". 4.8.1 Third line, replace "service" by "design". 4.8.2 Fourth line, replace "service" by "design". 4.9.9 Last line, insert "cargo" between "the" and "containment". 4.10.9.1 Second line, amend to read "and workmanship such as out-of-roundness, local deviations from the". 4.10.9.2.1 Last line, replace "or" by "of". 4.10.18 Last line, replace "rises" by "raisers". 5.2.1.1 First line, replace "this section" by "sections 5.2 to 5.5". 5.2.3.2 Last line, replace "system" by "systems". 5.4.6 Heading, replace "treatments" by "treatment". 5.4.6.2 First line, replace "treatments" by "treatment". 5.4.6.3.1 Second line, replace "service" by "design". 5.4.6.3.2 First line, insert "not covered by 5.4.6.3.1" after "pipes". Table 6.1 Line 16, replace "PLATE" by "PLATES". Table 6.2 Line 17, replace "SECTIONS" by "SECTIONS AND FORGINGS". 6.3.6.3 First line, amend the reference to read "6.3.6.2.1". 8.2.8.3 Last line, insert "spare" between "maintained" and "valve". 8.3.1.1 First line, replace "pressuure" by "pressure". 8.5.2 Definition of "D": replace "K" by "k". 9.5.3 Fourth line, delete "tank". 10.2.5.2 First and second lines: replace "cargo products" by "cargoes". 11.1.1.1 Amend reference to read "56.6". 11.6.1 In the table, delete "below 2000 m3 2", replace "between 2000 m3 and 5000 m3" by "5000 m3 and below". Chapter 12 Preamble, replace "replace" by "should be substituted for". 13.6.11 Sixth line, replace "sampling and detecting" by "monitoring". 14.2.3.1 First line, insert "spare" between "charged" and "air". 15.1.2 First line, replace "should" by "may". 15.1.4.2 Penultimate line, replace "relief valve" by "relieving system". 15.2 First line, replace "tank filling" by "loading". 17.14.3.1 First line, replace "are to" by "shall". 17.14.4.3.1 Delete "cargo". 17.14.5.1 Fourth line, delete "remainder of the". 17.16.5 Replace "17.20.6.3" by "17.20.5.3". 17.20.4 Second line, delete "pit". 17.20.13.1 Fourth line, replace "the product" by "these products". 17.20.13.3 First line, replace "Before loading the product," by "Before each initial loading of these products and before every subsequent return to such service,". 17.20.17 Eighth line, replace "atmospheric" by "ambient". 18.1.1.7 Insert "allowable" between "minimum" and "inner". 18.2.1 First line, replace "character" by "characteristics". Last line, replace "if so" by "as". Appendix Model form of certificate, footnote 5, third line, insert "or their compatible mixture having physical proportions within the limitations of tank design" between "Code" and "should". (L.N. 420 of 1996) Cap 369Z Sched 2 TABLE OF CORRESPONDING REGULATIONS [regulation 2] (L.N. 420 of 1996) In this Schedule- "Cargo Ship Regulations" (货船规例) means the Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ship Built On or After 1 September 1984) Regulations (Cap 369 sub. leg.); "Fire Protection Regulations" (防火规例) means the Merchant Shipping (Safety) (Fire Protection) (Ship Built On or After 1 September 1984) Regulations (Cap 369 sub. leg.). Column 1 Column 2 Column 3 Paragraph in IGC Code 1974 SOLAS Conven- tion Regulation Corresponding Hong Kong Regulation 1.3.2 II-2/3.3 Regulation 1(3) Fire Protection Regulations 3.3.1.1 II-2/58 Regulation 132 Fire Protection Regulations 10.1.1 II-1 Part D (electrical requirements) Part IV Cargo Ship Regulations 11.1.1 II-2 requirements for tankers Part IIB Cargo Ship Regulations and Part IV Fire Protection Regulations 11.1.1.1 II-2/56 Regulation 11 Cargo Ship Regulations 11.1.1.2 ｝ II-2/4 Regulation 29 Fire Protection Regulations 11.2.1 II-2/7 Regulation 33 Fire Protection Regulations 11.6.1 II-2/17 Regulation 53 Fire Protection Regulations 12 II-2/59.3 Regulation 13 Cargo Ship Regulations (Enacted 1991. L.N. 420 of 1996)
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