Cap. 413 sub. leg. C

Merchant Shipping (Reporting of Pollution Incidents) Regulations(Cap. 413, section 3)[6 May 1987](Format changes—E.R. 1 of 2024) 1. Citation These regulations may be cited as the Merchant Shipping (Reporting of Pollution Incidents) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—Convention (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, including its protocols and appendices, as from time to time revised or amended by any revision or amendment to any provision of such Convention that applies to Hong Kong; (L.N. 104 of 2025) 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(a); 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; in packaged form (有包裝的) means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;marine pollutant (海洋污染物) means a substance which is identified as a marine pollutant in the IMDG Code;Merchant Shipping Notice (商船公告) means a notice described as such and issued by the Director; any reference to a particular Merchant Shipping Notice includes a reference to that Notice as amended or replaced from time to time by a subsequent Notice; (64 of 1999 s. 3)noxious liquid substance (有毒液體物質) has the same meaning as in regulation 1(2) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B);oil (油類) means petroleum in any form including crude oil, fuel oil, sludge and oil refuse and any refined petroleum products, other than petro chemicals which are noxious liquid substances;sea (海) includes any estuary or arm of the sea;ship (船、船舶) means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, hovercraft, submersibles, floating craft and also fixed or floating platforms except when they are actually engaged in exploration or exploitation of the sea-bed or associated off-shore processing of sea-bed mineral resources;the IMDG Code (《國際海運危險貨物守則》) means the 1977 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organization, as amended from time to time by any document which is considered by the Director to be relevant from time to time and is specified in a Merchant Shipping Notice. (64 of 1999 s. 3; E.R. 1 of 2024)(37 of 1990 s. 12; E.R. 1 of 2024) (a) Cmnd. 5169. 3. Application These regulations apply to—(a) Hong Kong ships; and(b) other ships while they are within the waters of Hong Kong. 4. Duty to report (1) The master of a ship involved in an incident at sea involving—(a) an actual or probable discharge of oil, or of any noxious liquid substance carried in bulk resulting or likely to result from damage to the ship or its equipment, or made or likely to be made for the purpose of securing the safety of a ship or saving life at sea;(b) an actual or probable discharge of a marine pollutant in packaged form from the ship; or(c) an actual discharge during the operation of the ship of oil or any noxious liquid substance in excess of the quantity or instantaneous rate permitted under the relevant provision of Part 3 of the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413 sub. leg. A) or Part II of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap. 413 sub. leg. B), (E.R. 1 of 2024)shall report the particulars of such an incident without delay and to the fullest extent possible in accordance with the requirements of regulation 5.(2) In the event of a report from such a ship being incomplete or unobtainable, the owner shall, to the fullest extent practicable, make or complete the report required by paragraph (1). 5. Contents of reports The report or the initial report if there is more than one shall in every case include—(a) the identity of ship or ships involved;(b) the time, type and location of the incident;(c) the quantity and type of substance involved;(d) the assistance or salvage measures requested or being undertaken. 6. Supplementary reports Any person required under regulation 4(1) or (2) to make a report shall, if possible—(a) make such a supplementary report or reports as may be appropriate in the circumstances—(i) supplementing the information contained in the initial report as necessary; and(ii) providing information concerning further developments; and(b) comply as fully as possible with any request for additional information made by or on behalf of the government of a state whose interests may be affected by the incident. 7. Reporting procedures (1) Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal state.(2) If an incident at sea in relation to which a report is required to be made under regulation 4(1)(b) involves the loss of a freight container that contains marine pollutant in packaged form, the report must be made in accordance with the requirements under Article V of Protocol I of the Convention.(L.N. 104 of 2025) 8. Penalties (1) Any person who contravenes regulation 4 or 6 commits an offence and is liable—(a) on conviction upon indictment, to a fine at level 6;(b) on summary conviction, to a fine at level 3. (37 of 1990 s. 12; E.R. 1 of 2024)(2) It shall be a defence for a person charged under this regulation to show that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.