Cap. 413

An Ordinance to provide for the prevention and control of pollution from ships and for incidental or related matters. [15 January 1991] L.N. 14 of 1991(Format changes—E.R. 3 of 2023) (Enacting provision omitted—E.R. 3 of 2023) Part I Preliminary 1. Short title (Amended E.R. 3 of 2023)(1) This Ordinance may be cited as the Merchant Shipping (Prevention and Control of Pollution) Ordinance.(2) (Omitted as spent—E.R. 3 of 2023) 2. Interpretation In this Ordinance, unless the context otherwise requires—control (控制) includes contain and reduce;Director (處長) means the Director of Marine; discharge (排放) means any release, howsoever caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; but does not include— (a) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed in London on 13 November 1972; or (b) any release directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or (c) any release for the purposes of legitimate scientific research into pollution abatement or control; Hong Kong ship (香港船舶) means— (a) a ship registered in Hong Kong; and (b) a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548); (Replaced 43 of 1999 s. 91) master (船長), in relation to— (a) a Hong Kong ship referred to in paragraph (a) of the definition of Hong Kong ship, means a person (except a pilot) having for the time being the charge or command of the ship; (b) a Hong Kong ship referred to in paragraph (b) of the definition of Hong Kong ship, means a coxswain within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548); (Added 43 of 1999 s. 91) oil (油類) means— (a) petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex II of the Convention as defined in section 3(1)); and (b) the substances listed in appendix I to Annex I of the Convention; (Replaced 16 of 1999 s. 2) ship (船、船舶) means a vessel of any type whatsoever operating in the marine environment and includes a hydrofoil, hovercraft, submersible or floating craft and a fixed or floating platform. (Replaced 17 of 2018 s. 98) Part II Regulations for the Prevention and Control of Pollution 3. Regulations for the prevention and control of pollution (1) In this section—Convention (公約) means the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes Attachment 1 to the Final Act of the International Conference on Marine Pollution signed in London on 2 November 1973, as modified by any international agreement referred to in subsection (2)(b)(iii);Protocol (議定書) means the Protocol (including the annex thereto) relating to the Convention which constitutes Attachment 2 to the Final Act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17 February 1978, as modified by any international agreement referred to in subsection (2)(b)(iii);substance other than oil (非油類物質) includes sewage and garbage of any kind.(2) The Secretary for Transport and Logistics may make regulations— (Amended 16 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(a) relating to the prevention or control of pollution of the sea or other waters by oil, or any substance other than oil, from ships; and(b) for giving effect to—(i) the Convention;(ii) the Protocol; and(iii) any other international agreement (whether made by resolution or otherwise) which relates to the prevention or control of pollution of the sea or other waters by oil, or any substance other than oil, from ships and which applies to Hong Kong, including any agreement which modifies any other such agreement.(2A) The Chief Executive in Council may make regulations for the payment of fees (whether prescribed under this Ordinance, the Merchant Shipping Ordinance (Cap. 281) or otherwise) in respect of any survey, inspection, certificate, service or other matter provided for by regulations made under this Ordinance. (Added 16 of 1999 s. 3)(3) Regulations made under this section may be expressed to apply—(a) to Hong Kong ships, wherever they may be; and(b) to other ships while they are within the waters of Hong Kong.(4) Regulations made under this section may provide that the regulations, or any provisions thereof, shall come into force on a date specified in the regulations which is earlier than the date on which the international agreement to which the regulations relate comes into force.(5) Without limiting the generality of subsections (2) and (2A), regulations made under this section may include provisions— (Amended 16 of 1999 s. 3)(a) for the approval of documents, the appointment of surveyors, the carrying out of surveys and inspections and the rendering of other services for the purposes of the regulations, whether in Hong Kong or elsewhere, and for the issue, duration, effect and recognition of certificates for those purposes;(b) for the keeping, carriage and inspection of record books and other records of operations involving oil, or any substance other than oil, on board ships;(ba) for the boarding of any ships within the waters of Hong Kong to carry out inspections for the purposes of the regulations; (Added 16 of 1999 s. 3)(c) for the prohibition, regulation and control of the loading and carriage on board ships, and the unloading or discharge from ships, of oil or any substance other than oil and for procedures relating thereto;(d) for the design and construction of, and the equipment and fittings on board, ships carrying oil or any substance other than oil;(e) for the compulsory reporting of incidents involving pollution or the threat of pollution for the purpose of giving effect to Protocol I (provisions concerning reports on incidents involving harmful substances) to the Convention;(f) (Repealed 16 of 1999 s. 3)(g) that contraventions of the regulations shall be offences punishable by penalties not exceeding—(i) on conviction upon indictment, a fine of $5,000,000 and, in the case of an individual, imprisonment for 2 years;(ii) on summary conviction, a fine of $500,000;(h) that in the case of any such contravention an offence is committed by—(i) the master and the owner of the ship concerned; and(ii) where the contravention is due to the act or omission of another person, that person;(i) for denying entry of any ship to the waters of Hong Kong in respect of which any such contravention is believed to have occurred;(j) for detaining any ship in respect of which any such contravention is believed to have occurred and for notifying the relevant consular officer (if any) of the detention and of any proceedings against the ship; and(k) for the admission of prescribed or specified documents and certified copies of documents as evidence in legal proceedings,and the regulations may—(i) make different provisions for different circumstances or in relation to different classes or descriptions of ships;(ii) provide for exemptions from any provisions of the regulations in respect of different classes or descriptions of ships;(iii) provide for the granting by the Director, on such terms (if any) as he may specify, of exemptions from any provisions of the regulations in respect of any ship, or class or description of ships, and for the alteration or cancellation of any such exemption;(iv) provide for the approval by the Director of equivalent fittings, equipment or procedures as alternatives to those prescribed;(v) provide for the delegation of powers exercisable and functions performable by virtue of the regulations;(vi) provide for the application of the regulations to the State; and (Amended 64 of 1999 s. 3)(vii) include such incidental, supplemental and transitional provisions as appear to the Secretary for Transport and Logistics or Chief Executive in Council (as the case may be) to be expedient for the purposes of the regulations. (Amended 16 of 1999 s. 3; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)(6) Any fees prescribed under this Ordinance—(a) may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of Hong Kong ships and of ports, ships and navigation in the waters of Hong Kong, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter; and(b) may, without prejudice to the generality of paragraph (a), be fixed at different amounts in relation to different sizes of ship, whether measured by tonnage, length or otherwise, or in relation to different classes, types or descriptions of service, facility or ship. 3AA. Delegation by Director (1) Subject to subsection (3), the Director may, either generally or in any particular case, delegate to any other public officer the performance or exercise on the Director’s behalf of any of the functions imposed or conferred on the Director under this Ordinance.(2) If any function imposed or conferred on the Director under this Ordinance is performed or exercised by any other public officer, the Director is, unless the contrary is proved, regarded as having delegated to the public officer under subsection (1) the performance or exercise of the function.(3) No delegation under subsection (1) is to be made of any power under this Ordinance to make subsidiary legislation.(4) In this section—functions (職能) includes powers and duties.(Added 24 of 2023 s. 6) 3A. Supplementary regulation-making power in relation to international agreements applicable to Hong Kong For the purpose of giving effect (whether in whole or in part) to any provisions of any international agreements applicable to Hong Kong (including the Convention and the Protocol as defined in section 3(1))—(a) as in force from time to time; and(b) so far as the agreement relates to any matter for or in relation to which provision may be made by regulations made under this Ordinance,any such regulations may—(i) set out or refer to those provisions (whether in a schedule or otherwise); and(ii) specify (whether in a schedule or otherwise) amendments, modifications or adaptations subject to which those provisions shall have effect.(Added 16 of 1999 s. 4) 4. Penalty for taking detained ship to sea (1) Where a ship is authorized or ordered to be detained under regulations made under this Part, and after such detention or after service on the master of any notice of or order for such detention, the ship proceeds or attempts to proceed to sea before having been released by a competent authority, the master of the ship commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years; and if the owner or agent or any person who sends the ship to sea is party or privy to the offence he also commits an offence and is liable to the same punishment.(2) Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship—(a) in addition to any punishment to which they may be liable under subsection (1), both commit an offence against this subsection and are each liable to imprisonment for 6 months and to a fine at level 4 and an additional fine of $1,000 for each day during the period from the date on which the ship proceeded to sea until the date on which the officer returns to Hong Kong or, if he does not return directly to Hong Kong, would have returned if he had travelled by the quickest practicable route; and (Amended E.R. 3 of 2023)(b) are jointly and severally liable to pay to the Government all expenses incidental to the taking of the officer to sea and to securing his return to Hong Kong.(3) Expenses referred to in subsection (2)(b) may be recovered as if they were a fine imposed by a magistrate. Part IIA Certificates and Log-books in Electronic Form (Part IIA added 24 of 2023 s. 7) 4A. Interpretation of Part IIA In this Part— certifying authority (核證當局) means— (a) the Director; or (b) a recognized organization; e-cert database (電子證書資料庫) means—(a) in relation to a listed certificate issued for a ship registered in Hong Kong—an electronic database that is maintained or managed by or for the certifying authority in accordance with the e-cert guidelines; or(b) in relation to a listed certificate issued for a vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548)—an electronic database that is maintained or managed by or for the Director; (Replaced 16 of 2024 s. 7)e-cert guidelines (電子證書指引) means the documents listed in Division 1 of Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents;e-log guidelines (電子航海日誌指引) means the documents listed in Division 2 of Part 3 of the Schedule, as from time to time revised or amended by revisions or amendments to those documents; listed certificate (表列證書) means— (a) a document listed in column 2 of the Table in Division 1 of Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the document; or (b) a document listed in column 2 of that Table the subject matter of which is referred to in a provision listed in column 3 of that Table corresponding to the document; listed log-book (表列航海日誌) means a document listed in column 2 of the Table in Division 2 of Part 2 of the Schedule that is referred to in a provision listed in column 3 of that Table corresponding to the document;recognized organization (認可機構) means an organization listed in Part 4 of the Schedule;Secretary (局長) means the Secretary for Transport and Logistics. 4B. Application This Part and the Schedule apply to a Hong Kong ship.(Amended 16 of 2024 s. 8) 4C. Listed certificates may be issued electronically (1) This section applies to a listed certificate that may be issued by a certifying authority under a provision of this Ordinance.(2) A listed certificate may be issued by a certifying authority in electronic form.(3) A listed certificate is considered as issued in electronic form only if it is issued in accordance with the applicable requirements set out in the e-cert guidelines.(4) A certifying authority must cause a listed certificate issued by it in accordance with this section to be kept in the e-cert database. 4D. Listed certificates may be endorsed electronically (1) This section applies to a listed certificate that may be endorsed by a certifying authority under a provision of this Ordinance.(2) A listed certificate may be endorsed by a certifying authority in electronic form.(3) A listed certificate is considered as endorsed in electronic form only if the endorsement is made in accordance with the applicable requirements set out in the e-cert guidelines.(4) A certifying authority must cause an endorsement made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate. 4E. Validity of listed certificates may be extended electronically (1) This section applies to a listed certificate the validity of which may be extended by a certifying authority under a provision of this Ordinance.(2) The validity of a listed certificate may be extended by a certifying authority in electronic form.(3) The validity of a listed certificate is considered as extended in electronic form only if the extension is made in accordance with the applicable requirements set out in the e-cert guidelines.(4) A certifying authority must cause an extension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate. 4F. Validity of listed certificates may be suspended electronically (1) This section applies to a listed certificate the validity of which may be suspended by a certifying authority under a provision of this Ordinance.(2) The validity of a listed certificate may be suspended by a certifying authority in electronic form.(3) The validity of a listed certificate is considered as suspended in electronic form only if the suspension is made in accordance with the applicable requirements set out in the e-cert guidelines.(4) If the validity of a listed certificate is suspended in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on the suspension of its validity is regarded as having been met and physical delivery of the certificate is no longer required.(5) A certifying authority must cause a suspension made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate. 4G. Validity of listed certificates may be restored electronically (1) This section applies to a listed certificate the validity of which may be restored by a certifying authority under a provision of this Ordinance.(2) The validity of a listed certificate may be restored by a certifying authority in electronic form.(3) The validity of a listed certificate is considered as restored in electronic form only if the restoration is made in accordance with the applicable requirements set out in the e-cert guidelines.(4) If the validity of a listed certificate is restored in electronic form, the requirement under any provision of this Ordinance for returning the certificate on the restoration of its validity is regarded as having been met and physical return of the certificate is no longer required.(5) A certifying authority must cause a restoration made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate. 4H. Listed certificates may be cancelled or withdrawn electronically (1) This section applies to a listed certificate that may be cancelled or withdrawn by a certifying authority under a provision of this Ordinance.(2) A listed certificate may be cancelled or withdrawn by a certifying authority in electronic form.(3) A listed certificate is considered as cancelled or withdrawn in electronic form only if the cancellation or withdrawal is made in accordance with the applicable requirements set out in the e-cert guidelines.(4) If a listed certificate is cancelled or withdrawn in electronic form, the requirement under any provision of this Ordinance for delivering up the certificate on its cancellation or withdrawal is regarded as having been met and physical delivery of the certificate is no longer required.(5) A certifying authority must cause a cancellation or withdrawal made by it in accordance with this section to be entered in the e-cert database with respect to the listed certificate. 4I. Making and keeping of entries and records in listed log-books electronically If an entry or record is required to be made or kept in a listed log-book under a provision of this Ordinance, the requirement is also met by making or keeping the entry or record in the log-book in electronic form—(a) in an electronic device on board the ship to which the log-book relates; and(b) in accordance with the applicable requirements set out in the e-log guidelines. 4J. Power of Secretary to amend Schedule (1) The Secretary may, by notice published in the Gazette, amend the Schedule.(2) A notice published under subsection (1) may contain any incidental, supplementary, consequential, savings or transitional provisions that are necessary or expedient in consequence of the amendments made under that subsection. Part III Shipping Casualties Involving a Risk of Pollution 5. Application of Part III (1) Subject to subsections (2) and (3), this Part shall apply in relation to all ships whether within or outside the waters of Hong Kong.(2) As respects a ship which—(a) is not a Hong Kong ship; and(b) is for the time being outside the waters of Hong Kong,the power conferred on the Director by section 6(2) to give directions may only be exercised in relation to— (Amended 16 of 1999 s. 5)(i) an individual who is a permanent resident of the Hong Kong Special Administrative Region; or (Amended 28 of 1998 s. 2)(ii) a body corporate which is established under the laws of Hong Kong,and section 8(2) shall apply to such an individual or body corporate only.(3) No direction under section 6(2) applies to—(a) any ship which is used by the Chinese People’s Liberation Army; or(b) any ship which belongs to the Central People’s Government or the Government of the Hong Kong Special Administrative Region,and no action may be taken under section 6(4) or (5) as respects any such ship. (Replaced 2 of 2012 s. 3) 6. Shipping casualties (1) The powers conferred by this section may be exercised where—(a) an accident has occurred to or in a ship; and(b) in the opinion of the Director— (Amended 4 of 1995 s. 5)(i) oil, or any substance other than oil, from the ship will or may cause pollution on a large scale in Hong Kong or in the waters of Hong Kong;(ii) if the ship is one referred to in section 5(2), the danger of pollution is grave and imminent; and(iii) the exercise of the powers conferred by this section is urgently needed.(2) For the purpose of preventing or reducing pollution, or the risk of pollution, the Director may give directions as respects the ship or its cargo— (Amended 4 of 1995 s. 5)(a) to the owner of the ship, or to any person in possession or control of the ship; or(b) to the master of the ship; or(c) to any salvor in possession of the ship, or to any person who is the servant or agent of any such salvor, and who is in charge of the relevant salvage operation.(3) Directions under subsection (2) may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without limiting the generality of the foregoing the directions may require—(a) that the ship is to be, or is not to be, moved—(i) to or from a specified place, area or locality;(ii) over a specified route; or(b) that any oil or other cargo is to be, or is not to be, unloaded or discharged; or(c) that specified salvage measures are to be, or are not to be, taken.(4) If in the opinion of the Director the powers conferred by subsection (2) are, or have proved to be, inadequate for the purpose, the Director may, for the purpose of preventing or reducing pollution, or the risk of pollution, take, as respects the ship or its cargo, any action of any kind whatsoever, and without limiting the generality of the foregoing the Director may— (Amended 4 of 1995 s. 5)(a) do anything he has power to require to be done by a direction under subsection (2);(b) cause operations to be undertaken for the sinking or destruction of the ship, or any part of it, of a kind which is not within the means of any person to whom he may give such a direction;(c) cause operations to be undertaken which involve taking over control of the ship.(5) The powers of the Director under subsection (4) may also be exercised by such persons as may be authorized in that behalf by the Director. (Amended 4 of 1995 s. 5)(6) A person concerned in complying with directions given, or in action taken, under this section shall use his best endeavours to avoid risk to human life.(7) Nothing in this section shall derogate from or affect any right or power of the Government existing apart from this section whether under international law or otherwise.(8) Any action taken as respects a ship which is under arrest or as respects the cargo of such a ship, being action taken under a direction given under subsection (2), or under subsection (4) or (5)—(a) does not constitute contempt of court; and(b) shall not constitute a ground or cause of action in legal proceedings instituted against the Government.(9) In this section—accident (意外) includes the loss, stranding, abandonment of or damage to a ship;any substance other than oil (非油類物質) means—(a) any substance specified in an order made under subsection (10); and(b) any other substance which is liable to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;specified (指明), in relation to a direction under subsection (2), means specified in the direction.(10) The Director may, by order published in the Gazette, specify any substance for the purposes of the definition of any substance other than oil in subsection (9). (Amended 4 of 1995 s. 5) 7. Directions; right to recover in respect of unreasonable loss or damage (1) If any action taken under a direction under section 6(2), or under section 6(4) or (5)—(a) was not reasonably necessary to prevent or reduce pollution or, as may be appropriate, the risk of pollution; or(b) was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered, as a result of the action,a person incurring expense or suffering damage as a result of the action, or of himself having taken the action, shall be entitled to claim and recover compensation from the Government.(2) In determining whether subsection (1) applies in a particular case, account shall be taken of—(a) the extent and risk of pollution if the action had not been taken;(b) the likelihood of the action being effective; and(c) the extent of the damage which has been caused by the action.(3) Any reference in this section to the taking of any action includes a reference to a compliance with a direction not to take some specified action. 8. Offences in relation to section 6 (1) A person to whom a direction is given under section 6(2) who fails to comply with any requirement of the direction, commits an offence.(2) A person who wilfully obstructs any person who is—(a) acting on behalf of the Director in connection with the giving or service of a direction under section 6(2); (Amended 16 of 1999 s. 6)(b) acting in compliance with such a direction; or(c) acting under subsection (4) or (5) of that section,commits an offence.(3) In proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that—(a) he used all due diligence to secure compliance with the direction; or(b) he had reasonable cause for believing that such compliance would have involved a serious risk to human life.(4) A person who commits an offence under this section is liable—(a) on conviction upon indictment, to a fine of $5,000,000;(b) on summary conviction, to a fine of $500,000. 9. Service of directions under section 6 (1) If the Director is satisfied that a company or other body corporate is not one to which section 803 or 827 of the Companies Ordinance (Cap. 622) applies so as to authorize the service of a direction on that body under either of those sections, he may give a direction under section 6(2)— (Amended 28 of 2012 ss. 912 & 920)(a) to that body, as the owner of, or the person in possession or control of, a ship, by serving the direction on the master of the ship; or(b) to that body, as a salvor, by serving the direction on the person in charge of the salvage operations.(2) For the purpose of giving or serving a direction under section 6(2) to or on any person on a ship, a person acting on behalf of the Director shall have the right to go on board the ship.(Amended 16 of 1999 s. 7) 10. Enforcement of fines Where a fine imposed in proceedings against the owner or master of a ship for an offence under this Part is not paid at the time ordered by the court or magistrate, the court or magistrate, as the case may be, shall, in addition to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress and sale of the ship and its equipment. 11. Saving of rights of action, etc. Subject to section 83 of the Interpretation and General Clauses Ordinance (Cap. 1), nothing in this Part shall affect any restriction imposed by or under any other Ordinance or shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Ordinance. Part IV (Omitted as spent—E.R. 3 of 2023) 12. (Omitted as spent—E.R. 3 of 2023) Schedule [ss. 4A, 4B & 4J]Certificates and Log-books in Electronic Form (Schedule added 24 of 2023 s. 8) Part 1 Interpretation 1. Interpretation In this Schedule—Annex VI (《附則VI》) has the meaning given by section 2(1) of Cap. 413P;BCH Code (散化規則) has the meaning given by regulation 1(2) of Cap. 413D;Cap. 413A (《第413A章》) means the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg. A);Cap. 413B (《第413B章》) means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B);Cap. 413D (《第413D章》) means the Merchant Shipping (BCH Code) Regulations (Cap. 413 sub. leg. D);Cap. 413E (《第413E章》) means the Merchant Shipping (IBC Code) Regulations (Cap. 413 sub. leg. E);Cap. 413H (《第413H章》) means the Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg. H);Cap. 413K (《第413K章》) means the Merchant Shipping (Prevention of Pollution by Sewage) Regulation (Cap. 413 sub. leg. K);Cap. 413N (《第413N章》) means the Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Regulation (Cap. 413 sub. leg. N);Cap. 413O (《第413O章》) means the Merchant Shipping (Prevention of Pollution by Garbage) Regulation (Cap. 413 sub. leg. O);Cap. 413P (《第413P章》) means the Merchant Shipping (Prevention of Air Pollution) Regulation (Cap. 413 sub. leg. P);Cap. 413Q (《第413Q章》) means the Merchant Shipping (Control of Ballast Water and Sediments) Regulation (Cap. 413 sub. leg. Q);HKAPP Certificate (HKAPP證書) means the Hong Kong Air Pollution Prevention Certificate as defined by section 2(1) of Cap. 413P;HKNLS Certificate (HKNLS證書) means the Hong Kong Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk as defined by regulation 1(2) of Cap. 413B;HKOPP Certificate (HKOPP證書) means the Hong Kong Oil Pollution Prevention Certificate as defined by regulation 1(2) of Cap. 413A;IAFS Certificate (IAFS證書) means the International Anti-Fouling System Certificate as defined by section 2(1) of Cap. 413N;IAPP Certificate (IAPP證書) means the International Air Pollution Prevention Certificate as defined by section 2(1) of Cap. 413P;IAPPE Certificate (IAPPE證書) means the International Air Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges as defined by section 2(1) of Cap. 413P;IBC Code (國際散化規則) has the meaning given by regulation 1(2) of Cap. 413E;IBWM Certificate (IBWM證書) means the International Ballast Water Management Certificate as defined by section 2 of Cap. 413Q;IEE Certificate (IEE證書) means the International Energy Efficiency Certificate as defined by section 2(1) of Cap. 413P;INLS Certificate (INLS證書) means the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk as defined by regulation 1(2) of Cap. 413B;IOPP Certificate (IOPP證書) means the International Oil Pollution Prevention Certificate as defined by regulation 1(2) of Cap. 413A;IOPPE Certificate (IOPPE證書) means the International Oil Pollution Prevention Exemption Certificate as defined by regulation 1(2) of Cap. 413A;ISPP Certificate (國際防污水證書) has the meaning given by section 2(1) of Cap. 413K;ISPPE Certificate (國際防污水免除證書) has the meaning given by section 2(1) of Cap. 413K. Part 2 Division 1 Listed Certificates Table Column 1 Column 2 Column 3 Item Document Provision 1. IOPP Certificate Regulation 7(1)(a) of Cap. 413A 2. HKOPP Certificate Regulation 7(1A) of Cap. 413A 3. IOPPE Certificate Regulation 7EB(3) of Cap. 413A 4. statement of compliance Regulation 16G(1) or (2) of Cap. 413A 5. document to evidence the exemption from all or any of the provisions of Cap. 413A Regulation 2(5) of Cap. 413A 6. HKNLS Certificate Regulation 24(1)(a) or (5) or 24J(3) of Cap. 413B 7. INLS Certificate Regulation 24(1)(b) or (5) or 24J(3) of Cap. 413B 8. document to evidence the exemption from any of the requirements of Cap. 413B Regulation 27 of Cap. 413B 9. Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk Regulation 5(1) or (4) or 5J(3) of Cap. 413D 10. document to evidence the exemption from any of the requirements of Cap. 413D or of the BCH Code Regulation 8 of Cap. 413D 11. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk Regulation 5(1) or (4) or 5J(3) of Cap. 413E 12. document to evidence the exemption from any of the requirements of Cap. 413E or of the IBC Code Regulation 8 of Cap. 413E 13. document of compliance Section 16(1) or (1A) or 19B of Cap. 413H 14. document to evidence the exemption from all or any of the provisions of Cap. 413H Section 1(4) of Cap. 413H 15. ISPP Certificate Section 9(2) or 20(3) of Cap. 413K 16. ISPPE Certificate Section 18A(3) of Cap. 413K 17. document to evidence the exemption from any of the requirements of Cap. 413K Section 3(4) of Cap. 413K 18. IAFS Certificate Section 7(3) or (4) or 18(2) of Cap. 413N 19. IAPP Certificate Section 58(3) or 71(3) of Cap. 413P 20. IAPPE Certificate Section 58A(3) or 71(3) of Cap. 413P 21. HKAPP Certificate Section 59(3) or 71(3) of Cap. 413P 22. IEE Certificate Section 60(3) or 71(3) of Cap. 413P 23. Statement of Compliance Section 60A(3), (3A), (4) or (5) or 71(3) of Cap. 413P 24. document to evidence the exemption from any of the requirements of Cap. 413P Section 99 of Cap. 413P 25. IBWM Certificate Section 13(3), 14(1) or 22(3) of Cap. 413Q 26. document to evidence the exemption from any of the requirements of Cap. 413Q Section 40 of Cap. 413Q Division 2 Listed Log-books Table Column 1 Column 2 Column 3 Item Document Provision 1. Oil Record Book Regulation 10(1) of Cap. 413A 2. official log book Regulation 10(1) of Cap. 413A; Section 12(2) or 17(1)(b) of Cap. 413O 3. engine room log book Regulation 10(1) of Cap. 413A 4. Cargo Record Book Regulation 20 of Cap. 413B 5. Garbage Record Book Section 11(1) or (3A) of Cap. 413O 6. Ozone Depleting Substances Record Book Section 11(1) or (2) of Cap. 413P 7. record showing the information required in relation to a marine diesel engine by Regulation 13.5.3 of Annex VI Section 14A(2) or (2A) of Cap. 413P 8. record showing the information referred to in section 18(5) of Cap. 413P Section 18(4) or (4A) of Cap. 413P 9. Ballast Water Record Book Section 8 of Cap. 413Q Part 3 Guidelines Division 1 e-cert Guidelines Guidelines for the Use of Electronic Certificates (FAL.5/Circ.39/Rev.2 dated 20 April 2016) approved by the Facilitation Committee of the International Maritime Organization Division 2 e-log Guidelines 1. Guidelines for the Use of Electronic Record Books under MARPOL adopted by the Marine Environment Protection Committee of the International Maritime Organization by resolution MEPC.312(74) on 17 May 2019 2. Electronic Record Books for Ships—Technical Specifications and Operational Requirements (ISO 21745) published by the International Organization for Standardization on 3 September 2019 Part 4 Recognized Organizations 1. A recognized organization as defined by regulation 1(2) of Cap. 413A2. A recognized organization as defined by regulation 1(2) of Cap. 413B3. A recognized organization as defined by regulation 1(2) of Cap. 413D4. A recognized organization as defined by regulation 1(2) of Cap. 413E5. A recognized organization as defined by section 2(1) of Cap. 413K6. A recognized organization as defined by section 2(1) of Cap. 413N7. An organization recognized under section 15A(1) of Cap. 413O8. A recognized organization as defined by section 2(1) of Cap. 413P9. An organization recognized under section 37 of Cap. 413Q