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【法规名称】 
【法规编号】 79164  什么是编号?
【正  文】

第2页 CAP 413E MERCHANT SHIPPING (IBC CODE) REGULATIONS

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  (e) each of the references to regulations of the MARPOL 1973/78 listed in column (3) of the table in the Schedule hereto shall be construed as a reference to the corresponding provisions contained in regulations made under the Ordinance and listed opposite to it in column (4) of that table. (L.N. 185 of 1995)
  
  (37 of 1990 s. 12; L.N. 86 of 1992)_________________________________________________________________________________
  
  Note:
  
  (a) Cmnd. 7874; the Convention was amended by the Protocol of 1978 (Cmnd. 7346) and by amendments adopted by the Maritime Safety Committee of the International Maritime Organization on 20 November 1981, 17 June 1983, 21 April 1988, 28 October 1988 and 11 April 1989.
  
  (b) Cmnd. 5748; the Convention was amended in 1978 (Cmnd. 7347) and by amendments adopted by the Marine Environment Protection Committee of the International Maritime Organization on 5 December 1985 and 17 March 1989.
  
  Cap 413E reg 2 Application
  
  (1) These regulations apply, subject to the following provisions of this regulation-
  
  (a) to chemical tankers constructed on or after 1 July 1986;
  
  (b) to ships converted to being chemical tankers on or after that date except oil tankers-
  
  (i) which were built before that date; and
  
  (ii) which are converted for the purpose of carrying pollution hazard substances only; and
  
  (iii) the conversion of which consists only of modifications necessary for compliance with Chapter VA of the BCH Code; and(c) (to the extent that the Director considers reasonable and practicable) to chemical tankers which were constructed before, but undergo repairs, alterations and modifications of a major character on or after, that date.(2) Where a chemical tanker is constructed or adapted to carry both-
  
  (a) one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the 1983 IGC Code or the 1993 IGC Code, as the case may be; and
  
  (b) one or more of the substances listed in Chapter 19 of the 1983 IGC Code or the 1993 IGC Code, as the case may be, but not in Chapter 17 of the IBC Code,then to the extent that the requirements of those two Codes are inconsistent, the requirements of the 1983 IGC Code or the 1993 IGC Code, as the case may be, shall prevail. (L.N. 185 of 1995)
  
  (3) These regulations apply to all ships specified in paragraph (1) which are Hong Kong ships wherever they may be and to other such ships while they are within the waters of Hong Kong:
  
  Provided that in the case of a ship registered in a State which is not a party to the 1974 SOLAS Convention or to MARPOL 1973/78 they shall not apply by reason of its being within the waters of Hong Kong if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any).
  
  (Enacted 1987)
  
  Cap 413E reg 2A Power of Director in respect of appointments and delegations
  
  (1) The Director may, in writing, appoint persons to be surveyors for the purposes of these regulations.
  
  (2) The Director may, in writing, delegate to any public officer or class of public officers any of his powers, functions or duties under these regulations and may at any time revoke any such delegation.
  
  (3) No delegation under paragraph (2) shall preclude the Director from exercising or performing at any time any power, function or duty so duty so delegated.
  
  (Enacted 1987)
  
  Cap 413E reg 2B Fees
  
  Fees shall be payable in respect of surveys and other service provided under these regulations and, except in relation to a survey carried out by a surveyor other than a surveyor referred to in regulation 4(2)(a), shall be determined as prescribed by the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) and, as respects the time involved, by reference to the hourly rate calculated in accordance with those regulations.
  
  (Enacted 1987)
  
  Cap 413E reg 3 Compliance with Code
  
  Every ship to which these regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapters 2-17 inclusive, 19 and 20 of the IBC Code.
  
  (Enacted 1987; L.N. 185 of 1995)
  
  Cap 413E reg 3A Application of amendment to IBC Code
  
  Where any amendment to the IBC Code involves changes to the structure or equipment and fittings of ships due to the upgrading of the requirements for the carriage of certain substances, the Director may by notice published in the Gazette modify or delay for a specified period the application of such amendment to ships constructed before the date of entry into force of the amendment, if he considers that the immediate application of the amendment is unreasonable or impracticable.
  
  (L.N. 185 of 1995)
  
  Cap 413E reg 4 Survey requirements
  
  (1) The structure, equipment, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radiotelegraphy Certificate or Cargo Ship Safety Radiotelephony Certificate is issued) of a chemical tanker shall be subjected to the following surveys-
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