Hong Kong has published the updated Prevention and Control of Pollution Ordinance

The Marine Department of the Government of Hong Kong has published the updated version of the Merchant Shipping (Prevention and Control of Pollution) Ordinance.

The document is organized into different sections:

In Part I: Preliminary, it covers:

1. The short title.
2. Interpretation.

Part II: Regulations for the Prevention and Control of Pollution includes:

3. Regulations addressing the prevention and control of pollution.

3AA. Delegation authority given to the Director.

3A. Supplementary power for making regulations concerning international agreements related to Hong Kong.

4. Penalties applicable when detained ships are taken to sea.

Within Part IIA: Certificates and Log-books in Electronic Form, you'll find:

4A. An interpretation of Part IIA.

4B. Information about application processes.

4C. Permission for issuing certain certificates electronically.

4D. Authorization for endorsing specific certificates electronically.

4E. The possibility of electronically extending the validity of particular certificates.

4F. The potential to electronically suspend the validity of certain certificates.

4G. The option to electronically restore the validity of select certificates.

4H. Procedures for electronically canceling or withdrawing specific certificates.

4I. Guidelines for electronically recording entries and maintaining records in listed log-books.

4J. The Secretary's authority to modify the Schedule.

Part III: Shipping Casualties Involving a Risk of Pollution:

5. Explanation of the application of Part III.

6. Clarification on shipping casualties.
7. Directions and the right to recover concerning unreasonable loss or damage.
8. Offences related to section 6.
9. Procedures for the service of directions under section 6.
10. The enforcement of fines.
11. Preservation of rights of action and similar matters.

Lastly, Part IV is omitted as it is considered spent, and the document also includes a Schedule for Certificates and Log-books in Electronic Form.

This update was published on 17 August 2023.

For more information, please see the document below (available only to subscribers):

Merchant Shipping (Prevention and Control of Pollution) Ordinance