(Cap 413, section 3)* [6 May 1987] (L.N. 120 of 1987) _________________________________________________________________________________ Note: * These regulations were made under Article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 (S.I. 1987/470 U.K.) as modified and extended to Hong Kong by the Merchant Shipping (Prevention and Control of Pollution) (Hong Kong) Order 1987 (S.I. 1987/664 U.K.). See sections 3 and 12(1)(b) of the Merchant Shipping (Prevention and Control of Pollution) Ordinance, enacted in 1990 (Cap 413). Cap 413D reg 1 Citation and interpretation (1) These regulations may be cited as the Merchant Shipping (BCH Code) Regulations. (2) In these regulations the following expressions have the following meanings- "1974 SOLAS Convention" (《1974年国际海上人命安全公约》) means the International Convention for the Safety of Life at Sea, 1974, as amended (a); "BCH Code" (散化规则) means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1993 Edition) published by the International Maritime Organization, as amended from time to time; (L.N. 184 of 1995) "Cargo Ship Safety Construction Certificate" (货船构造安全证书), "Cargo Ship Safety Equipment Certificate" (货船设备安全证书), "Cargo Ship Safety Radiotelegraphy Certificate" (货船无线电报安全证书) and "Cargo Ship Safety Radiotelephony Certificate" (货船无线电话安全证书) 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 Merchant Shipping (Safety) Ordinance (Cap 369); "Category A" (A类), "Category B" (B类) and "Category C" (C类) mean respectively, in relation to a substance, the category to which a substance listed in column "a" of the table in Chapter 17 of the IBC Code is assigned by having against it in column "c" of that table an entry "A", "B" or "C" respectively; (L.N. 184 of 1995) "Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk" (散装运输危险化学品商适装证书) means, in relation to a Hong Kong ship, a certificate issued pursuant to regulation 5 and, in relation to any other ship, a certificate issued in conformity with Chapter I of the BCH Code by or on behalf of the government of the State in which the ship is registered; "chemical tanker" (化学品液货船) means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code; but does not include offshore support vessels or dry cargo ships with deep tanks; (L.N. 184 of 1995) "constructed" (建造) in the expressions "constructed on or after" (放...或之后建造) and "constructed before" (于...之前建造) 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 per cent of the estimated mass of all structural material, whichever is the less;"Control of Pollution by Noxious Liquid Substances Regulations" (控制有毒液体物质污染规例) means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap 413 sub. leg.); "Director" (处长) means the Director of Marine; "Hong Kong-trading" (在香港营运的) means operating within the waters of 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. 184 of 1995) "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; "internationally-trading" (国际营运的) means engaged otherwise than as a Hong Kong- trading ship; "MARPOL 1973/78" (《1973/78年防污公约》) means the International Convention for the Prevention of Pollution from Ships, 1973, as amended (b). (3) In interpreting the BCH Code- (a) the provisions of the BCH Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly; (b) the definitions set out in Chapter I, paragraph 1.4 thereof, shall apply; (c) the footnotes to Part A of Chapter II, to paragraphs 2.14.1, 2.15.6(b), 3.13, 3.14, 3.15.2, 3.16.4 and to Chapter 17 of the IBC Code shall be construed as an integral part of the BCH Code; (L.N. 184 of 1995) (d) references to the Administration shall, in relation to Hong Kong ships, be references to the Secretary for Economic Development and Labour; and references to the Port Administration shall, in relation to all ships in the waters of Hong Kong, be references to the Director; (L.N. 106 of 2002) (e) for the second sentence of the footnote to paragraph 3.13 there shall be substituted: "All chemical tankers constructed after 20 May 1980 but before 1 September 1984 are to comply with section 3. 13 of the 1980 edition of this Code.";(f) each of the references to regulations of the 1974 SOLAS Convention listed in columns (1) and (2) of table 1 and table 2 in the Schedule hereto shall be construed as a reference to the corresponding provision contained in regulations made under the Merchant Shipping (Safety) Ordinance (Cap 369) and listed opposite to it in column (3) of those tables. (37 of 1990 s. 12; L.N. 85 of 1992)_________________________________________________________________________________ Note: (a) Cmnd. 7874; the Convention was amended by the Protocol of 1978 (Cmnd. 7346) and by amendments adopted by the Maritime Safety Committee of the International Maritime Organization on 20 November 1981, 17 June 1983, 21 April 1988, 28 October 1988 and 11 April 1989. (b) Cmnd. 5748; the Convention was amended in 1978 (Cmnd. 7347) and by amendments adapted by the Marine Environment Protection Committee of IMO on 5 December 1985 and 17 March 1989. Cap 413D reg 2 Application (1) These regulations apply, subject to the following provisions of this regulation, to chemical tankers constructed before 1 July 1986 which are carrying Category A, Category B or Category C substances. (2) These regulations apply to all ships specified in paragraph (1) which are Hong Kong ships wherever they may be and to other such ships while they are within the waters of Hong Kong: Provided that in the case of a ship registered in a State which is not a party to MARPOL 1973/78 they shall not apply by reason of its being within the waters of Hong Kong if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any). (3) These regulations shall not apply to any ship to which the Merchant Shipping (IBC Code) Regulations (Cap 413 sub. leg.) apply by virtue of regulation 2(1)(b) or (c) thereof (ships converted or undergoing major modifications after 1 July 1986). (Enacted 1987) Cap 413D reg 2A 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) 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. (3) No delegation under paragraph (2) shall preclude the Director from exercising or performing at any time any power, function or duty so delegated. (Enacted 1987) Cap 413D reg 2B Fees Fees shall be payable in respect of surveys and other services provided under these regulations and, except in relation to a survey carried out by a surveyor other than a surveyor referred to in regulation 4(2)(a), 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 1987) Cap 413D reg 2C Transitional Any Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the Director pursuant to Annex II to MARPOL 1973/78 prior to the commencement of these regulations shall be deemed for all purposes to be a Certificate of Fitness for the Carriage of Dangerous Chemical in Bulk issued under these regulations and shall have effect according to its terms. (Enacted 1987) Cap 413D reg 3 Compliance with Code Chemical tankers to which these regulations apply shall comply with the requirements of the BCH Code as follows- (1) (a) every internationally-trading chemical tanker for which the building contract was placed on or after 2 November 1973; and (b) every Hong Kong-trading chemical tanker which was constructed on or after 1 July 1983,shall be constructed, fitted, equipped, arranged and operated in accordance with the requirements relevant to it of Chapters II-VI inclusive and VIII of the BCH Code; (L.N. 184 of 1995) (2) (a) every internationally-trading chemical tanker for which the building contract was placed before 2 November 1973; and (b) every Hong Kong-trading chemical tanker of 1600 tons gross tonnage or over which was constructed before 1 July 1983,shall be constructed, equipped and operated in accordance with the requirements relevant to it of the BCH Code except to the extent provided in sub-paragraphs 1.7.3(a)-(f) thereof. (3) Every Hong Kong-trading chemical tanker of less than 1600 tons gross tonnage which was constructed before 1 July 1983 shall be operated in accordance with the requirements of Chapters V and VA of the BCH Code. (Enacted 1987) Cap 413D reg 3A Application of amendments to BCH Code Where any amendment to the BCH Code involves changes to the structure or equipment and fittings of ships due to the upgrading of the requirements for the carriage of certain substances, the Director may by notice published in the Gazette modify or delay for a specified period the application of such amendment to ships constructed before the date of entry into force of the amendment, if he considers that the immediate application of the amendment is unreasonable or impracticable. (L.N. 184 of 1995) Cap 413D reg 4 Survey requirements (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 chemical tanker shall be subjected to the following surveys- (a) an initial survey before the Certificate of Fitness for the Carriage of Dangerous Chemicals 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 BCH Code; an initial survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the relevant provisions of the BCH Code; (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 relevant provisions of the BCH Code; (c) a minimum of one intermediate survey during the period of validity of the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be carried out 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 relevant provisions of the BCH Code and are in good working order and condition; a record of such surveys in the form appropriate to an intermediate survey included in the form entitled "Endorsement for Annual and Intermediate Surveys" set out in the appendix to the BCH Code shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; (d) an annual survey within 3 months before or after the anniversary date of the Certificate of Fitness for the Carriage of Dangerous Chemicals 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 appropriate to an annual survey included in the form entitled "Endorsement for Annual and Intermediate Surveys" set out in the appendix to the BCH Code shall be endorsed by the surveyor on the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; (e) an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 6(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 Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk certifying that on completion of the survey the ship complied with the relevant provisions of the Code.(2) Every such survey shall be carried out by a surveyor appointed by the Director under regulation 2A or by the Secretary for Economic Development and Labour under section 5 of the Merchant Shipping (Safety) Ordinance (Cap 369), and application for such a survey shall be made by or on behalf of the owner to the Director. (64 of 1999 s. 3; L.N. 106 of 2002) (Enacted 1987) Cap 413D reg 5 Issue of Certificate of Fitness Remarks: Adaptation amendments retroactively made-see 64 of 1999 s. 3 (1) Upon satisfactory completion of an initial or periodical survey under regulation 4 of these regulations and under regulation 19 of the Control of Pollution by Noxious Liquid Substances Regulations the Director shall issue to a ship which complies with the relevant requirements of the BCH Code and of the Control of Pollution by Noxious Liquid Substances Regulations a certificate called a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in the form so entitled set out in the appendix to the BCH Code. Such certificate shall be issued for a period not exceeding 5 years beginning on the date of completion of the survey in question. (2) A certificate shall cease to be valid- (a) if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey; or (b) if any survey required by regulation 4(1)(e) is not completed within such reasonable time as the surveyor may specify; or (c) upon transfer of the ship to non-Hong Kong registry. (64 of 1999 s. 3)(3) In either of the cases specified in paragraph (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 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, notwithstanding that the surveys were not carried out by a surveyor appointed as required by regulation 4(2), that- (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 government 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 BCH Code; and (d) since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other State or of the Director, except by direct replacement,issue to that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk for a period to be determined by the Director, but expiring not later than the expiry date of the certificate referred to in sub-paragraph (b). (5) The Director may request the government of a state party to MARPOL 1973/78 to survey a Hong Kong ship and, if that government is satisfied that the provisions of the convention are complied with it shall issue, or authorize the issue of, a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to the ship. (6) A Certificate issued under paragraph (5)- (a) shall contain a statement to the effect that it has been issued at the request of the Hong Kong Government; and (b) shall have the same force and receive the same recognition as a Certificate issued under paragraph (1).(7) The Director may, at the request of the government of a state party to MARPOL 1973/78, 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 the convention are complied with, he shall issue a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk to that ship; and such certificate shall contain a statement that it has been issued at the request of the government in question. (8) The Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk shall be kept on board the ship and shall be available for inspection at all reasonable times. (Enacted 1987) Cap 413D reg 6 Maintenance of conditions after survey (1) The condition of the ship and its equipment shall be maintained so as to conform to the provisions of the BCH Code. (2) After any survey of the ship under regulation 4 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 or integrity of the ship, the safety of the crew or the efficiency or completeness of the equipment required by Part IV of the Control of Pollution by Noxious Liquid Substances Regulations, 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. 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 1987) Cap 413D reg 7 Equivalents Where the BCH Code 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 any particular provision, procedure or arrangement is at least as effective as that required by the BCH Code. (Enacted 1987) Cap 413D reg 8 Exemptions The Director may exempt any ship or class or description of ship from any of the requirements of these regulations or of the BCH Code, subject to such conditions as he may specify, and may alter or cancel any exemption so granted. (Enacted 1987) Cap 413D reg 9 Leading and carriage in bulk of listed chemicals No ship to which these regulations apply shall load in bulk or carry in bulk any Category A, Category B or Category C substance unless- (a) (i) there is in force in respect of that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk covering the substance which the ship is loading or carrying; and (ii) the loading and carriage is in accordance with the terms of that certificate; or(b) either the Director or the government of a State party to MARPOL 1973/78 has given specific approval to its carriage and any conditions relevant to loading or carriage subject to which that approval was given are complied with. (Enacted 1987) Cap 413D reg 10 Penalties (1) If in respect of any ship, there is a contravention of regulation 3, 5(8), 6 or 9, the owner and the master of the ship each commits an offence and is liable- (a) on conviction upon indictment, to a fine of $100000; (b) on summary conviction, to a fine of $10000. (37 of 1990 s. 12)(1A) If in respect of any ship there is a contravention of regulation 4(2), the owner of the ship commits an offence and is liable- (a) on conviction upon indictment, to a fine of $100000; (b) on summary conviction, to a fine of $10000. (37 of 1990 s. 12)(2) 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 in question were complied with. (Enacted 1987) Cap 413D reg 11 Power to detain (1) 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. (37 of 1990 s. 12) (2) Where a ship other than a Hong Kong ship is detained under paragraph (1), the Director shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State. (Enacted 1987) Cap 413D SCHEDULE [regulation 1(3)(f)] TABLES OF CORRESPONDING REGULATIONS Interpretation In these Tables- "Cargo Ship (Pre-1984 Ships) Regulations" (货船(1984年前船舶)规例) means the Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built Before 1 September 1984) Regulations 1991 (Cap 369 sub. leg.). "Cargo Ship Regulations" (货船规例) means the Merchant Shipping (Safety) (Cargo Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations 1991 (Cap 369 sub. leg.). "Fire Appliances Regulations" (消防装置规例) means the Merchant Shipping (Safety) (Fire Appliances) (Ships Built On or After 25 May 1980 but Before 1 September 1984) Regulations 1991 (Cap 369 sub. leg.). "Fire Protection (Pre-1980 Ships) Regulations" (防火(1980年前船舶)规例) means the Merchant Shipping (Safety) (Fire Protection) (Ships Built Before 25 May 1980) Regulations 1991 (Cap 369 sub. leg.). "Fire Protection Regulations" (防火规例) means the Merchant Shipping (Safety) (Fire Protection) (Ships Built On or After 1 September 1984) Regulations 1991 (Cap 369 sub. leg.). In Table 1 references to the 1974 SOLAS Convention Regulations are, except where otherwise stated, references to those regulations as amended in 1981 and 1983. In Table 2 references to the 1974 SOLAS Convention Regulations are references to those regulations in the original Convention of 1974 without amendment. TABLE 1 Column (1) Column (2) Column (3) Paragraph in BCH Code (1990 Edition) 1974 SOLAS Convention Regulations as amended Corresponding Hong Kong Regulations 3.13.1 II-2, requirements for tankers Part IIB Cargo Ship Regulations and Part IV Fire Protection Regulations 3.13.1(a) 3.13.1(d) II-2/60, 61 and 62 Regulation 49 Fire Protection Regulations 3.13.1(a) 3.13.1(e) II-2/63 Regulation 51 Fire Protection Regulations 3.13.1(b) II-2/56.2 Regulation 10(3) Cargo Ship Regulations 3.13.1(c) II-2/4 Regulation 29 Fire Protection Regulations II-2/7 Regulation 33 Fire Protection Regulations 3.13.2 II-2 Part D Parts IV and VIII Fire Protection Regulations and regulations 10, 11, 12 and 13 Cargo Ship Regulations II-2 Part C Part VII Fire Protection Regulations II-2/53 Regulations 31 and 32 Fire Protection Regulations and regulation 50 Cargo Ship Regulations 3.13.3(a) 3.13.3(b) II-2/5.1 II-2/5.1.6 Fire Protection Regulations Schedule 10(1) Schedule 10(1)(f) 3.13.3(a) II-2/5.2 Fire Protection Regulations Schedule 10(2) 3.13.3(b) II-2/5.3 Fire Protection Regulations Schedule 10(3) 3.15.2 II-2/52 (unamended version) Regulations 29, 30, 32, 33, 34, 35, 37 and 49 Fire Protection (Pre-1980 Ships) Regulations 3.16.4 3.16.6 II-2/17 Regulation 53 Fire Protection Regulations TABLE 2 Column (1) Column (2) Column (3) Paragraph in BCH Code 1980 Edition referred to in footnote to 3.13 of BCH Code (1990 Edition) 1974 SOLAS Convention Regulations (unamended version) Corresponding Hong Kong Regulations 3.13.1 II-2/52(b) (c)(d)(e) (g)(h)(i)(j) Regulations 31, 32, 34, 35, 39 and 40 Fire Appliances Regulations 3.13.1 II-2/56 Regulations 54, 55 and 56 Cargo Ship (Pre-1984 Ships) Regulations II-2/57 Regulations 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 and 68 Cargo Ship (Pre-1984 Ships) Regulations II-2/58 Regulation 58 Cargo Ship (Pre-1984 Ships) Regulations II-2/51 Regulations 11, 12, 13, 14, 15, 16, 17 and 18 Cargo Ship (Pre-1984 Ships) Regulations II-2/53 Regulation 36 Cargo Ship (Pre-1984 Ships) Regulations II-2/54 Regulation 37 Cargo Ship (Pre-1984 Ships) Regulations 3.13.1(a) II-2/8 Fire Appliances Regulations Schedule 9 Interim Recommendation on page 117 referred to in footnote to 3.13.1(b) I-5 Regulation 76 Fire Appliances Regulations (L.N. 85 of 1992)
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