Cap. 369 sub. leg. AA

Merchant Shipping (Safety) (Grain) Regulations(Cap. 369, sections 104, 107 and 112)(Enacting provision omitted—E.R. 5 of 2024)[2 August 1991](Format changes—E.R. 5 of 2024) 1. Citation (E.R. 5 of 2024)(1) These regulations may be cited as the Merchant Shipping (Safety) (Grain) Regulations.(2) (Omitted as spent—E.R. 5 of 2024) 2. Interpretation In these regulations, unless the context otherwise requires—angle of flooding (ϕ1) (進水角(ϕ1)) means the angle of heel at which openings in the hull, superstructures or deckhouses, which cannot be closed weathertight, immerse; (L.N. 319 of 1995)Certifying Authority (核證當局) means the Director or any person authorized by the Director where appropriate;existing ship (現有船舶) means a ship the keel of which was laid or which was at a similar stage of construction before 25 May 1980;filled compartment, trimmed (已平艙滿載艙) means any cargo space in which, after loading and trimming as required under paragraph 1(b) of the Schedule, the bulk grain is at its highest possible level; (L.N. 319 of 1995)filled compartment, untrimmed (未平艙滿載艙) means a cargo space which is filled to the maximum extent possible in way of the hatch opening but which has not been trimmed outside the periphery of the hatch opening; (L.N. 319 of 1995)grain (穀物) includes wheat, maize, 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;loader (裝載人) means the person undertaking the loading of grain in bulk into a ship;new ship (新船舶) means a ship the keel of which is laid or which is at a similar stage of construction on or after 25 May 1980;partly filled compartment (部分填載艙) means any compartment in which bulk grain is loaded which is not a filled compartment; specially suitable compartment (特別適裝艙) means a cargo space constructed with not less than 2 vertical or sloping, longitudinal, grain-tight divisions which— (a) are—(i) coincident with the hatch side girders; or(ii) so positioned as to limit the effect of any transverse shift of grain; and (b) have, if sloping, an inclination of not less than 30 degrees to the horizontal; (L.N. 319 of 1995) stowage factor (積載因數) means, for the purposes of calculating the grain heeling moment caused by a shift of grain, the volume per unit weight of the cargo as attested by the loading facility; (L.N. 319 of 1995)surveyor (驗船師) means a person appointed under section 5(1) of the Merchant Shipping (Safety) Ordinance (Cap. 369); (E.R. 5 of 2024; 21 of 2024 s. 78)the 1960 Safety Convention (《1960年安全公約》) means the International Convention for the Safety of Life at Sea 1960;the Grain Code (《穀物規則》) means the International Code for the Safe Carriage of Grain in Bulk adopted by the Maritime Safety Committee of the International Maritime Organization on 23 May 1991 by Resolution MSC. 23(59) as may be amended by the International Maritime Organization. (L.N. 319 of 1995; E.R. 5 of 2024)(L.N. 319 of 1995; E.R. 5 of 2024) 3. Application (1) Subject to subregulation (2), these regulations apply in relation to—(a) sea-going Hong Kong ships; and(b) other sea-going ships while they are within the waters of Hong Kong,when loaded with grain in bulk.(2) These regulations shall not apply 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 circumstance which neither the owner nor the master of the ship could have prevented or forestalled:Provided that if any such ship then loads grain in bulk in the waters of Hong Kong these regulations shall apply to it. 4. Carriage of grain (1) Where grain in bulk is loaded on board any Hong Kong ship, or is loaded within the waters of Hong Kong on board any other ship, it shall be loaded—(a) in the case of a new ship, in accordance with the loading arrangements prescribed in the Grain Code contained in the Schedule hereto or with arrangements permitted by the Director under regulation 9 as equivalent thereto; or (L.N. 319 of 1995)(b) in the case of an existing ship, in accordance with the loading arrangements prescribed in—(i) the Grain Code contained in the Schedule hereto; or (L.N. 319 of 1995)(ii) regulation 12 of Chapter VI of the 1960 Safety Convention; or(iii) IMO Resolution A.184 (VI); or(iv) IMO Resolution A.264 (VIII) (the IMO Grain Rules); or(v) in accordance with arrangements permitted by the Director under regulation 9 as equivalent thereto.(2) Where there is a contravention of subregulation (1)(a) or (b) and such loading arrangements are not complied with the owner, master and charterer of the ship commit an offence and each is liable to a fine at level 4 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.(3) Where there is a contravention of subregulation (1)(a) or (b) any ship, having been loaded with grain in bulk outside Hong Kong without complying with the loading arrangements required by subregulation (1), enters the waters of Hong Kong so laden, the owner and master of the ship commit an offence and each is liable to a fine at level 4 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.(4) Where there is a contravention of regulation 5 or 7 which requires that a loader shall not load grain in bulk into a ship in Hong Kong unless and until there has been produced to him the document of authorization described in regulation 5 or a copy thereof, or a document signed by the Director or by a surveyor stating that the master of the ship has satisfied him in accordance with regulation 7 that the ship is capable of complying with the relevant requirements of these regulations, the loader commits an offence and is liable to a fine at level 4 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.(E.R. 5 of 2024) 5. Document of authorization (1) Every ship to which these regulations apply shall either have on board a valid document of authorization or shall comply with regulation 7.(2) Every document of authorization shall be produced on demand to a surveyor.(3) (a) In the case of a new ship, the document of authorization shall—(i) state that the ship is capable of complying with the Grain Code; (L.N. 319 of 1995)(ii) contain the particulars of any exemption granted by the Director under regulation 8 or, where the ship is not a Hong Kong ship, by the Administration of the State whose flag the ship is flying; and(iii) incorporate the grain loading information required by A6 of the Grain Code including particulars of any equivalent accepted by the Director under regulation 9. (L.N. 319 of 1995)(b) In the case of an existing ship, the document of authorization shall—(i) state that the ship is capable of complying with the requirements of—(A) the Grain Code; or (L.N. 319 of 1995)(B) regulation 12 of Chapter VI of the 1960 Safety Convention; or(C) IMO Resolution A.184 (VI); or(D) IMO Resolution A.264 (VIII) (the IMO Grain Rules);(ii) contain the particulars of any exemption granted by the Director under regulation 8 or, where the ship is not a Hong Kong ship, by the Administration of the State whose flag the ship is flying; and(iii) incorporate the grain loading information (including any equivalent) appropriate to the Grain Code, Regulation or Resolution, as the case may be, with which it states that the ship complies. (L.N. 319 of 1995)(4) The document of authorization shall—(a) in the case of a Hong Kong ship, be issued by a Certifying Authority and be in the English language; (L.N. 319 of 1995)(b) in the case of any other ship, be issued by the Administration of the State whose flag the ship is flying or by a person authorized by that Administration, and be in the English or French language.(5) Where there is a contravention of subregulation (1), the owner, master and charterer commit an offence, and each is liable to a fine at level 4 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.(E.R. 5 of 2024) 6. Demonstration of compliance (1) The master of any ship may, before loading grain in bulk for a proposed voyage, be required to demonstrate to the satisfaction of a surveyor the ability of the ship in the proposed loading condition to comply throughout the intended voyage with the stability criteria specified in paragraph 2 or 3 of the Schedule or in the document of authorization or as required by regulation 7 as appropriate. (L.N. 319 of 1995)(2) Where the master of the ship produces a document of authorization complying with regulation 5(3) such demonstration shall be done by using the grain loading information incorporated in that document of authorization. 7. Ships without documents (1) (a) Where the master of a ship cannot produce the document of authorization referred to in regulation 5 the ship shall not load grain in bulk in the waters of Hong Kong until the master demonstrates to the satisfaction of the Director or a surveyor that the ship in the proposed loading condition will be capable of complying with all the requirements of these regulations applicable to that ship throughout the intended voyage and has obtained a document signed by the Director or a surveyor to this effect. The demonstration shall be done by using grain loading information based upon stability information provided, in the case of a Hong Kong ship, in accordance with the Merchant Shipping (Safety) (Load Line) Regulations (Cap. 369 sub. leg. AD) and in the case of any other ship upon the stability requirements of the Administration of the State whose flag the ship is flying. The accuracy of the grain loading information shall be proved to the satisfaction of the Director or the surveyor.(E.R. 5 of 2024)(b) Where a ship which has been loaded with grain in bulk outside Hong Kong is not in possession of a document of authorization referred to in regulation 5, that ship shall, when within the waters of Hong Kong and also elsewhere in the case of a Hong Kong ship, have on board a statement of the Administration of the State of the port of loading that it is satisfied that the ship is capable of complying with the relevant requirements of the Grain Code applicable to that ship throughout the intended voyage. (L.N. 319 of 1995)(2) All information and any statement referred to in subregulation (1)(b) shall in the case of a ship other than a Hong Kong ship be in the English or French language. 8. Exemptions (1) The Director may exempt any ship which complies with the stability criteria set out in paragraph 2 of the Schedule from the requirements of A11 to A18 of the Grain Code where he is satisfied as to the provisions for loading or the structural arrangements of the ship. (L.N. 319 of 1995)(2) The Director may, if he considers that the sheltered nature and conditions of the voyage are such as to render any of the requirements of these regulations unreasonable or unnecessary, exempt any ship from any of those requirements, subject to such conditions as he may think appropriate.(3) The Director may alter or cancel any exemption granted pursuant to this regulation. 9. Equivalents Where these regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried or that any particular method of securing the cargo shall be used or any provision shall be made in a ship the Director may permit any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other method of securing the cargo to be used or any other provision to be made in that ship, if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus or type thereof, or method of securing or provision is at least as effective as that required by these regulations. 10. Offences In any proceedings for an offence under these regulations it shall be a defence for the person charged to show that he exercised all due diligence to avoid the commission of the offence. Schedule [regs. 2, 4(1), 6(1) & 8(1)](E.R. 5 of 2024)Loading of Grain in Bulk in Accordance with the Grain Code 1. Stowage of bulk grain (a) All necessary and reasonable trimming shall be performed to level all free grain surfaces and to minimize the effect of grain shifting.(b) In any “filled compartment, trimmed”, the bulk grain shall be trimmed so as to fill all spaces under the decks and hatch covers to the maximum extent possible.(c) In any “filled compartment, untrimmed”, the bulk grain shall be filled to the maximum extent possible in way of the hatch opening but may be at its natural angle of repose outside the periphery of the hatch opening.(d) A filled compartment may qualify for being classified as “filled compartment, untrimmed” if the Certifying Authority issuing the document of authorization—(i) grant dispensation from trimming in respect of the compartment in cases where the underdeck void geometry resulting from free flowing grain into a compartment, which may be provided with feeder ducts, perforated decks or other similar means, is taken into account when calculating the void depths; or(ii) grant dispensation from trimming the ends of the compartment in cases where the compartment is a specially suitable compartment.(e) If there is no bulk grain or other cargo above a lower cargo space containing grain, the hatch covers shall be secured in an approved manner having regard to the mass and permanent arrangements provided for securing such covers.(f) When bulk grain is stowed on top of closed ’tween-deck hatch covers which are not grain-tight, such covers shall be made grain-tight by taping the joints, covering the entire hatchway with tarpaulins or separation cloths, or other suitable means.(g) After loading, all free grain surfaces in a partly filled compartment must be levelled, but if the compartment is a specially suitable compartment referred to in subparagraph (k), then in relation to that compartment, only the free grain surface in way of the hatch opening has to be levelled. (L.N. 98 of 2025)(h) Unless account is taken of the adverse heeling effect due to the grain shift according to the Grain Code, the surface of the bulk grain in any partly filled compartment shall be secured so as to prevent a grain shift by either of the following methods—(i) overstowing as described in A16 of the Grain Code; or(ii) strapping or lashing as described in A17 or A18 of the Grain Code.(i) Lower cargo spaces and ’tween-deck spaces in way thereof may be loaded as one compartment provided that, in calculating transverse heeling moments, proper account is taken of the flow of grain into the lower spaces.(j) In “filled compartments, trimmed”, “filled compartments, untrimmed” and partly filled compartments, longitudinal divisions may be installed as a device to reduce the adverse heeling effect of grain shift provided that:(i) the division is grain-tight;(ii) the construction meets the requirements of A11, A12 and A13 of the Grain Code; and(iii) in ’tween-decks the division extends from deck to deck and in other cargo spaces the division extends downwards from the underside of the deck or hatch covers, as described in paragraph (2) of the Notes on figure B2-1 in B2.8.2, paragraph (3) of the Notes on figure B.2-3 in B2.9.2 or B6.2 of the Grain Code, as applicable. (L.N. 98 of 2025)(k) In a specially suitable compartment that falls within the description in A2.8 of the Grain Code for which the Certifying Authority issuing the document of authorization has granted dispensation from trimming the ends of that compartment, the bulk grain must be filled to a level equal to or above the bottom edge of the hatch end beams but may be at its natural angle of repose outside the periphery of the hatch opening. (L.N. 98 of 2025) 2. Stability requirements (a) The intact stability characteristics of any ship carrying bulk grain shall be shown to meet, throughout the voyage, at least the following criteria after taking into account in the manner described in part B of the Grain Code and in the figure and the Note thereon in subparagraph (c), the heeling moments due to grain shift—(i) the angle of heel due to the shift of grain shall not be greater than 12 degrees or in the case of ships constructed on or after 1 January 1994 the angle at which the deck edge is immersed, whichever is the lesser;(ii) in the figure, the net or residual area between the heeling arm curve and the righting arm curve up to the angle of heel of maximum difference between the ordinates of the two curves, or 40 degrees or the angle of flooding (ϕ1), whichever is the least, shall in all conditions of loading be not less than 0.075 metre-radians; and(iii) the initial metacentric height, after correction for the free surface effects of liquids in tanks, shall be not less than 0.3 metre.(b) After loading, the master shall ensure that the ship is upright before proceeding to sea.(c) Figure: Grain statical stability Note: In the statical stability diagram:(i) AB represents the heeling arm curve due to the total heeling moment λ0= assumed total heeling moment displacement λ40= 0.8 × λ0(ii) the residual dynamic stability is the area between the heeling and righting arm curves up to the angle of heel of maximum difference between the ordinates of the 2 curves, or 40 degrees, or the angle of flooding, whichever is the least angle; and(iii) the righting arm curve shall be derived from the ship’s stability cross curves. The cross curves shall be sufficient in number to accurately define the curve for the purpose of these requirements and shall include cross curves for 12 degrees and 40 degrees. 3. Optional stability requirements for ships without documents of authorization carrying partial cargoes of bulk grain A ship not having on board a document of authorization issued in accordance with regulation 5 may be permitted to load bulk grain if all of the following conditions are fulfilled—(a) the total weight of the bulk grain shall not exceed one-third of the deadweight of the ship;(b) all filled compartments, trimmed shall be fitted with centreline divisions extending, for the full length of such compartments, downwards from the underside of the deck or hatch covers to a distance below the deck line of at least one-eighth of the maximum breadth of the compartment or 2.4 metres, whichever is the greater, except that saucers constructed in accordance with A14 of the Grain Code may be accepted in lieu of a centreline division in and beneath a hatchway except in case of linseed and other seeds having similar properties;(c) all hatches to filled compartments, trimmed shall be closed and covers secured in place;(d) all free grain surfaces in partly filled cargo space shall be trimmed level and secured in accordance with A16, A17 or A18 of the Grain Code;(e) throughout the voyage the metacentric height after correction for the free surface effects of liquids in tanks shall be 0.3 metre or that given by the following formula, whichever is the greater— GMR = LB Vd (0.25B - 0.645 Vd B) SF × △ × 0.0875 where— L = total combined length of all full compartments (metres) B = moulded breadth of the vessel (metres) SF = stowage factor (cubic metres per tonne) Vd = calculated average void depth in accordance with section B1 of the Grain Code (metres) △ = displacement (tonnes); and (f) the master demonstrates to the satisfaction of the Director or a surveyor that the ship in the proposed loading condition will comply with the requirements of this paragraph.(L.N. 319 of 1995)