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[接上页] (6) The Director may request the government of a state party to MARPOL 1973/78 to survey a Hong Kong ship and, if that government is satisfied that the provisions of the convention are complied with, it shall issue, or authorize the issue of, an INLS Certificate to the ship. (7) An INLS Certificate issued under paragraph (6)- (a) shall contain a statement to the effect that it has been issued at the request of the Hong Kong Government; and (b) shall have the same force and receive the same recognition as an INLS Certificate issued under paragraph (1).(8) The Director may, at the request of the government of a state party to MARPOL 1973/78, survey a ship registered in that state and entitled to fly the flag of that state as if it were a Hong Kong ship and, if satisfied that the provisions of the convention are complied with, he shall issue an INLS Certificate to that ship; and such certificate shall contain a statement that it has been issued at the request of the government in question. (9) The INLS or HKNLS Certificate, as the case may be, shall be kept on board the ship and shall be available for inspection at all reasonable times. (Enacted 1987) Cap 413B reg 25 Maintenance of condition after survey (1) The condition of the ship and its equipment shall be maintained so as to conform to the provisions of these regulations. (2) After any survey of the ship under regulation 23 has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements and materials covered by the survey, without the sanction of the Director, except by direct replacement. (3) Whenever an accident occurs to a ship or a defect is discovered, either of which substantially affects the integrity of the ship or the efficiency or completeness of the equipment required by these regulations the master or owner of the ship shall report at the earliest opportunity to the Director, who shall, in the case of a Hong Kong ship, determine whether an additional survey is necessary. If the ship is in a port other than a port in Hong Kong the master or owner shall also report immediately to the appropriate authority of the government of the state in which the port is situated. (Enacted 1987) Cap 413B reg 26 Equivalents Where these regulations require that a particular fitting, material, appliance or apparatus should be fitted in a ship, the Director may allow any other fitting, material, appliance or apparatus to be fitted if he is satisfied that such fitting, material, appliance or apparatus is at least as effective as that required by these regulations. (Enacted 1987) Cap 413B reg 27 Exemptions The Director may exempt any ship or class or description of ship from any of the requirements of these regulations, subject to such conditions as he may specify, and may alter or cancel any exemption so granted. (Enacted 1987) Cap 413B reg 28 Prohibition on uncertificated carriage PART VI OFFENCES AND PENALTIES (1) No ship shall load in bulk or carry in bulk any Category A, B, C or D substance unless- (a) (i) there is in force in respect of that ship a valid INLS Certificate or HKNLS Certificate or BCH Code Certificate or IBC Code Certificate, covering the substance in question or, where the substance is class-approved, the class in question; (ii) the loading and carriage is in accordance with the terms of that Certificate; and (iii) where the substance is class-approved, there is on board the ship documentary evidence of the assessment and approval referred to in sub-paragraphs (a) and (b) respectively of the definition of "class-approved" in regulation 1(2); or(b) the substance is an oil-like substance and- (i) there is in force in respect of the ship a valid IOPP Certificate or HKOPP Certificate with the endorsement specified in regulation 18(e) covering the substance in question; and (ii) the loading and carriage is in accordance with the terms of that certificate and endorsement.(2) No ship shall carry a class-approved non-polluting substance unless there is on board the ship documentary evidence of the assessment and approval referred to in sub-paragraphs (a) and (b) respectively of the definition of class-approved in regulation 1(2). (3) No ship shall carry an unassessed liquid substance in bulk unless- (a) either the Director, or the government of a state party to MARPOL 1973 / 78 with the concurrence of the Director, has given written permission for its carriage; and (b) any conditions subject to which that permission was given are complied with. (Enacted 1987) Cap 413B reg 29 Penalties (1) If in respect of any ship, there is a contravention of any of the requirements of these regulations, the owner and master of the ship each commits an offence and is liable- (a) on conviction upon indictment, to a fine of $100000; (37 of 1990 s. 12) (b) on summary conviction to a fine of $10000. (37 of 1990 s. 12)(2) It shall be a defence for a person charged under this regulation to show that he took all reasonable steps to ensure that the regulations were complied with. |