Cap. 369 sub. leg. BE

Merchant Shipping (Safety) (Fire-fighting Appliances and Fire Protection) Regulation (Cap. 369, sections 99, 101, 107 and 112B)(Enacting provision omitted—E.R. 1 of 2019) [1 March 2019] Part 1 Preliminary 1. (Omitted as spent—E.R. 1 of 2019) 2. Interpretation (1) In this Regulation—alteration (改動) means any repair, alteration or modification that is of a major character;cargo ship (貨船) means a ship that is not a passenger ship;cargo spaces (貨艙) has the meaning given by regulation 3 of Chapter II-2; (L.N. 151 of 2021)Chapter II-2 (《第II-2章》) means Chapter II-2 of the Annex to the Convention, as from time to time revised or amended by any revision or amendment that applies to Hong Kong;constructed (建造), in relation to a ship, means the stage at which—(a) the keel of the ship is laid;(b) construction identifiable with the ship begins and assembly of the ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;(c) if the ship has undergone only one alteration—the alteration commences; or(d) if the ship has undergone 2 or more alterations—the latest alteration commences;Convention (《公約》) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974, or any convention that replaces that Convention or any successor convention, as amended from time to time and as applicable to Hong Kong;gross tonnage (總噸位), in relation to a ship, means the gross tonnage of the ship determined in accordance with the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg. C);passenger ship (客船) means a ship carrying more than 12 passengers; (L.N. 151 of 2021)ro-ro spaces (滾裝艙間) has the meaning given by regulation 3 of Chapter II-2; (L.N. 151 of 2021)special category spaces (特種艙) has the meaning given by regulation 3 of Chapter II-2; (L.N. 151 of 2021)vehicle spaces (車艙) has the meaning given by regulation 3 of Chapter II-2. (L.N. 151 of 2021)(2) For the purposes of this Regulation, a cargo ship converted into a passenger ship is to be regarded as a passenger ship constructed on the date on which the conversion commences. 3. Application (1) This Regulation applies to—(a) a Hong Kong ship (wherever it is) engaged in an international voyage; and(b) a non-Hong Kong ship that is—(i) engaged in an international voyage; and(ii) within the waters of Hong Kong.(2) However, this Regulation does not apply to the following ships—(a) a ship of war or troopship;(b) a ship not propelled by mechanical means;(c) a wooden ship of primitive build;(d) a pleasure vessel not engaged in trade;(e) a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;(f) a high speed craft to which the Merchant Shipping (Safety) (High Speed Craft) Regulation (Cap. 369 sub. leg. AW) applies;(g) a local vessel within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548) (other than a local vessel referred to in section 3(4) of that Ordinance); and(h) a non-Hong Kong ship flying the flag of a State that is not a Convention country, if the ship is within the waters of Hong Kong due to—(i) stress of weather; or(ii) any other circumstances that could not have been prevented or forestalled by the owner or the master of the ship.(3) Also, subject to section 14, this Regulation does not apply to a cargo ship of less than 500 gross tonnage.(4) In this section—Convention country (公約國) means a country that is a party to the Convention;Hong Kong ship (香港船舶) means a ship registered in Hong Kong;international voyage (國際航程) means—(a) a voyage between Hong Kong and a port outside the People’s Republic of China; or(b) a voyage between a port in a Convention country and a port outside that country (whether in another Convention country or not);non-Hong Kong ship (非香港船舶) means a ship other than a Hong Kong ship;pleasure vessel (遊樂船隻) means a vessel (other than a passenger ship) primarily used for sport or recreation. Part 2 Fire Prevention, Fire Protection and Fire-fighting 4. Prevention of fire and explosion (1) A ship constructed before 1 July 2002 must comply with the applicable requirements relating to the prevention of fire and explosion specified in regulations 4.2.1.6, 4.5.7.1, 4.5.10.1.1, 4.5.10.1.4, 5.3.1.3.2 and 5.3.4 of Chapter II-2. (L.N. 101 of 2025)(2) A ship constructed on or after 1 July 2002 must comply with the applicable requirements relating to the prevention of fire and explosion specified in regulations 4, 5 and 6 of Chapter II-2.(3) This section is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance. 5. Fire protection systems and arrangements (1) A ship constructed on or after 1 July 2002 must comply with the applicable requirements on fire protection systems and arrangements specified in regulations 7 and 8 of Chapter II-2.(2) A ship constructed on or after 1 July 2002 must comply with the applicable requirements on the containment of fire specified in regulation 9 of Chapter II-2.(3) This section is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance. 6. Fire-fighting appliances and arrangements (1) Subject to subsection (2A), a ship constructed before 1 July 2002 must comply with the applicable requirements on fire-fighting appliances and arrangements specified in regulations 10.4.1.3, 10.4.1.5, 10.5.6, 10.6.4 and 10.11.2 of Chapter II-2.(2) Subject to subsection (2A), a ship constructed on or after 1 July 2002 must comply with the applicable requirements on fire-fighting appliances and arrangements specified in regulation 10 (other than regulation 10.10) of Chapter II-2.(2A) A ship referred to in subsection (2) that is constructed before 1 January 2026 or a ship referred to in subsection (1) is not required to comply with the applicable requirements on fire-fighting appliances and arrangements specified in regulation 10.11.2 of Chapter II-2 until the last day of the period within which the next survey of the ship must be completed under section 9 or 11 (whichever is applicable) of the Ordinance, which must be after 31 December 2025. (L.N. 101 of 2025)(3) This section is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance.(L.N. 101 of 2025) Part 3 Structural Integrity, Means of Escape and Personal Protective Equipment 7. Structural integrity (1) A ship constructed on or after 1 July 2002 must comply with the applicable requirements on the structural integrity specified in regulation 11 of Chapter II-2.(2) If subsection (1) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. 8. Emergency alarm system etc. (1) A ship constructed on or after 1 July 2002 must comply with the requirements on the provision of a general emergency alarm system specified in regulation 12.2 of Chapter II-2.(2) A passenger ship constructed on or after 1 July 2002 must comply with the requirements on the provision of a public address system specified in regulation 12.3 of Chapter II-2.(3) If subsection (1) or (2) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. 9. Means of escape (1) A ship constructed on or after 1 July 2002 must comply with the applicable requirements on the means of escape specified in regulation 13 (other than regulations 13.3.4 and 13.4.3) of Chapter II-2.(2) If subsection (1) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. 10. Personal protective equipment (1) A ship must comply with the applicable requirements on the provision of emergency escape breathing devices specified in regulations 13.3.4 and 13.4.3 of Chapter II-2.(1A) A ship constructed before 1 July 2002 must comply with the applicable requirements on self-contained compressed air breathing apparatus of fire-fighter’s outfits specified in paragraph 2.1.2.2 of Chapter 3 of the Fire Safety Systems Code. (L.N. 101 of 2025)(2) A ship constructed on or after 1 July 2002 must comply with the applicable requirements on the provision of fire-fighter’s outfits specified in regulation 10.10 of Chapter II-2.(3) If subsection (1), (1A) or (2) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 101 of 2025)(4) In this section—Fire Safety Systems Code (《消防安全系統規則》) means the International Code for Fire Safety Systems adopted by the International Maritime Organization by Resolution MSC.98(73), as from time to time revised or amended by any revision or amendment to any provision of such Code that applies to Hong Kong. (L.N. 101 of 2025) Part 4 Operation of Ship 11. Operational readiness and maintenance of systems and appliances (1) The owner and the master of a ship must ensure that the applicable requirements on the operational readiness and maintenance of the fire protection systems and fire-fighting systems and appliances specified in regulation 14 of Chapter II-2 are complied with in relation to the ship.(2) This section is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance. 12. Instructions for on-board training and drills (1) The owner and the master of a ship must ensure that the applicable requirements on the provision of instructions for on-board training and drills specified in regulation 15 of Chapter II-2 are complied with in relation to the ship.(2) This section is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance. 13. Provision of fire safety operational booklets (1) The owner and the master of a ship must ensure that the applicable requirements on the provision of fire safety operational booklets specified in regulations 16.2 and 16.3.1 of Chapter II-2 are complied with in relation to the ship.(2) This section is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance. Part 5 Dangerous Goods, Certain Spaces and Motor Vehicles with Fuel (L.N. 151 of 2021) 14. Carriage of dangerous goods (1) The following ships that have cargo spaces intended for carrying dangerous goods in packaged form must comply with the applicable fire safety requirements on the carriage of dangerous goods specified in regulation 19.3 of Chapter II-2—(a) a cargo ship of less than 500 gross tonnage constructed on or after 1 February 1992 but before 1 July 2002;(b) a cargo ship of 500 gross tonnage or above constructed on or after 1 September 1984 but before 1 July 2002;(c) a passenger ship constructed on or after 1 September 1984 but before 1 July 2002.(2) Subsection (1) applies subject to regulations 1.2.4.3, 1.2.4.4, 1.2.4.5, 1.2.4.6, 1.2.4.7 and 1.2.4.8 of Chapter II-2.(3) Subsection (1) does not apply to a ship when it is carrying—(a) dangerous goods specified as class 6.2 or 7 of the IMDG Code;(b) dangerous goods in limited quantities specified in Chapter 3.4 of the IMDG Code; or(c) dangerous goods in excepted quantities specified in Chapter 3.5 of the IMDG Code.(4) A ship (including a cargo ship of less than 500 gross tonnage), if constructed on or after 1 July 2002, must, when carrying dangerous goods, comply with the applicable fire safety requirements on the carriage of dangerous goods specified in regulation 19 of Chapter II-2.(5) If subsection (1) or (4) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(6) In this section—dangerous goods (危險貨物) means dangerous goods as defined by section 1(1) of the Merchant Shipping (Safety) (Dangerous Goods and Marine Pollutants) Regulation (Cap. 413 sub. leg. H);IMDG Code (《海運危險貨物規則》) means the International Maritime Dangerous Goods Code adopted by the International Maritime Organization by Resolution MSC.122(75), as from time to time revised or amended by any revision or amendment that applies to Hong Kong.(L.N. 151 of 2021) 15. Ships having vehicle spaces etc. (1) A ship—(a) that is constructed on or after 1 July 2002; and(b) that has vehicle spaces, special category spaces, open and closed ro-ro spaces or weather decks intended for the carriage of vehicles, (L.N. 101 of 2025)must comply with the applicable requirements on fire safety in relation to such spaces and weather decks specified in regulation 20 of Chapter II-2. (L.N. 101 of 2025)(1A) A passenger ship—(a) that is constructed before 1 July 2002; and(b) that has vehicle spaces, special category spaces, open and closed ro-ro spaces or weather decks intended for the carriage of vehicles,must comply with the applicable requirements on fire safety in relation to such spaces and weather decks specified in the specified regulation. (L.N. 101 of 2025)(1B) Subject to subsection (1C), a passenger ship—(a) that is constructed before 1 July 2002; and(b) that has vehicle spaces, special category spaces, open and closed ro-ro spaces or weather decks intended for the carriage of vehicles,must comply with the applicable requirements on fire safety in relation to such spaces and weather decks specified in regulations 20.4.1.6, 20.4.4 and 20.6.2.3 of Chapter II-2. (L.N. 101 of 2025)(1C) A passenger ship referred to in subsection (1B) is not required to comply with that subsection until the last day of the period within which the next survey of the ship must be completed under section 9 of the Ordinance, which must be after 31 December 2027. (L.N. 101 of 2025)(2) A ship that has compressed gas fuelled vehicle spaces must comply with the applicable requirements on the provision of equipment specified in regulation 20-1 of Chapter II-2.(3) If subsection (1), (1A), (1B) or (2) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 101 of 2025)(4) In this section—compressed gas fuelled vehicle spaces (壓縮氣體燃料車艙) means the vehicle spaces, or ro-ro spaces, intended for carrying a motor vehicle the tank of which is fuelled with compressed hydrogen or compressed natural gas for its propulsion; (L.N. 151 of 2021; L.N. 101 of 2025)specified regulation (指明條文) means regulation 20.4.1 of Chapter II-2 that is adopted by the International Maritime Organization by Resolution MSC.99(73). (L.N. 101 of 2025)(L.N. 151 of 2021) 15A. Carrying motor vehicles with fuel in tanks for own propulsion (1) A ship must not carry in its cargo spaces (other than ro-ro spaces, special category spaces or vehicle spaces) motor vehicles with fuel in their tanks for their own propulsion unless the conditions specified in regulation 20.2.1.2 of Chapter II-2 are satisfied.(2) If subsection (1) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 2 years.(L.N. 151 of 2021) Part 6 Other Requirements 16. Helicopter operations (1) Subsections (2) and (3) apply to a ship constructed on or after 1 July 2002 that is fitted with helicopter facilities.(2) A ship must comply with the applicable requirements on fire safety in relation to helicopter operations specified in regulation 18 (other than regulations 18.2.2, 18.2.3 and 18.5) of Chapter II-2. (L.N. 151 of 2021)(3) A ship must also comply with the applicable requirements on fire-fighting appliances in relation to helicopter operations specified in regulation 18.5 of Chapter II-2.(4) A ship constructed on or after 1 July 2002 that is not fitted with helicopter facilities must comply with the applicable requirements on fire safety in relation to helicopter operations specified in regulation 18.2.2 of Chapter II-2.(4A) A ship constructed on or after 1 January 2020 that has a helicopter landing area must comply with the requirement specified in regulation 18.2.3 of Chapter II-2. (L.N. 151 of 2021)(5) If subsection (2) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(6) Subsections (3), (4) and (4A) are fire-fighting appliances regulations for the purposes of section 44 of the Ordinance. (L.N. 151 of 2021)(7) In this section—helicopter facility (直升機設施) has the meaning given by regulation 3 of Chapter II-2; (L.N. 151 of 2021)helicopter landing area (直升機降落區域) has the meaning given by regulation 3 of Chapter II-2. (L.N. 151 of 2021) 16A. Duties of oil fuel suppliers (1) An oil fuel supplier must, in respect of any oil fuel delivered by the supplier to a ship—(a) prepare a bunker delivery note that contains the information specified in regulation 4.2.1.6 of Chapter II-2;(b) sign and certify a declaration to confirm that the oil fuel delivered complies with the applicable requirements relating to the flashpoint of oil fuel specified in regulation 4.2.1 of Chapter II-2;(c) deliver to the master of the ship the declaration prior to the bunkering operation on the ship; and(d) deliver to the officer in charge of the bunkering operation or the master of the ship the bunker delivery note.(2) If subsection (1) is contravened, the oil fuel supplier concerned commits an offence and is liable to a fine at level 4.(3) It is a defence for a person charged with an offence under subsection (2) to show that the person had taken all reasonable steps to prevent the commission of the offence.(4) A person charged with an offence under subsection (2) is taken to have established a fact that needs to be established for a defence under subsection (3) if—(a) there is sufficient evidence to raise an issue with respect to the fact; and(b) the contrary is not proved by the prosecution beyond reasonable doubt.(5) In this section—oil fuel (燃油) has the meaning given by regulation 3.61 of Chapter II-2;oil fuel supplier (燃油供應商) means a person who delivers oil fuel to a ship in Hong Kong.(L.N. 101 of 2025) 17. Other requirements on passenger ship (1) This section applies to a passenger ship constructed on or after 1 July 2010.(2) A ship—(a) that is of 120 meters or more in length (as defined by regulation 2 of Chapter II-1); and(b) that has 3 or more main vertical zones (as defined by regulation 3 of Chapter II-2),must comply with the applicable requirements on the design criteria in relation to casualty specified in regulations 21 and 22 of Chapter II-2.(3) A ship must comply with the applicable requirements on the provision of a safety centre specified in regulation 23 of Chapter II-2.(4) If subsection (2) or (3) is contravened in relation to a ship, the owner and the master of the ship each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(5) In this section—Chapter II-1 (《第II-1章》) means Chapter II-1 of the Annex to the Convention, as from time to time revised or amended by any revision or amendment that applies to Hong Kong. 18. Other requirements on tanker (1) A tanker carrying crude oil (as defined by regulation 3 of Chapter II-2) or other liquid products specified in regulation 1.6.1 of Chapter II-2 must—(a) comply with the applicable requirements on fire safety specified in regulations 1.6.2, 1.6.3, 1.6.4 and 1.6.6 of Chapter II-2; and(b) be fitted with a system for the continuous monitoring of the hydrocarbon gases concentration specified in regulation 1.6.7 of Chapter II-2.(2) A combination carrier must not carry cargoes other than oil unless the conditions specified in regulation 1.6.5 of Chapter II-2 are satisfied.(3) The owner and the master of a tanker must ensure that the applicable requirements on procedures for cargo tank purging and gas-freeing operation specified in—(a) for a tanker constructed before 1 July 2002—regulations 16.3.2.1 and 16.3.2.4 of Chapter II-2; or(b) for a tanker constructed on or after 1 July 2002—regulation 16.3.2 of Chapter II-2,are complied with in relation to the tanker.(4) The owner and the master of a tanker must ensure that the applicable requirements on the operation of inert gas system specified in—(a) for a tanker constructed before 1 January 2016—regulation 16.3.3 (except regulation 16.3.3.3) of Chapter II-2; or(b) for a tanker constructed on or after 1 January 2016—regulation 16.3.3 of Chapter II-2,are complied with in relation to the tanker.(5) Subsection (1) is a fire-fighting appliances regulation for the purposes of section 44 of the Ordinance.(6) If subsection (2) is contravened in relation to a combination carrier, the owner and the master of the carrier each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(7) A person who contravenes subsection (3) or (4) commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(8) In this section—combination carrier (油類/散貨兩用船) has the meaning given by regulation 3 of Chapter II-2;tanker (液貨船) means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.