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【法规名称】 
【法规编号】 79172  什么是编号?
【正  文】

第5页 CAP 413A MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS

[接上页]

  (5) The appropriate Certificate shall be in one of the forms set out in Schedule 1 hereto or, in the case of an IOPP Certificate, in a form corresponding to the model set out in Appendix II of Annex I of the Convention, and shall be expressed to be valid for a period not exceeding five years from the date of issue: provided that in the case of an oil tanker operating with dedicated clean ballast tanks for one of the limited periods specified in regulation 18(9) the period of validity of the Certificate shall not exceed such specified period.
  
  (6) A Certificate issued by a Certifying Authority shall cease to be valid-
  
  (a) if without the approval of a Certifying Authority significant alterations have taken place in the construction, equipment, systems, fittings, arrangements or material required by the Regulations, other than the direct replacement of such equipment or fittings;
  
  (b) in the case of an IOPP Certificate, if the intermediate survey required by regulation 6 is not carried out within the period specified in that regulation; or
  
  (c) if the ship transfers to the flag of another State.(7) One copy of the appropriate Certificate shall be kept on board every Hong Kong ship which is either an oil tanker of 150 GRT or above or a ship of 400 GRT or above, other than an oil tanker and shall be available for inspection at all reasonable times.
  
  Cap 413A reg 8 Responsibilities of owner and master
  
  Remarks:
  
  Adaptation amendments retroactively made-see 23 of 1998 s. 2
  
  (1) The owner and master of every ship to which these Regulations apply shall each ensure that the condition of the ship and its equipment is maintained so as to comply with the relevant provisions of these Regulations.
  
  (2) After any survey of a Hong Kong ship required by these Regulations has been completed, no material change shall be made in the structure, equipment, systems, fittings, arrangements or material subject to such survey without the approval of a Certifying Authority.
  
  (3) Whenever an accident occurs to a Hong Kong ship or a defect is discovered, either of which affects the integrity of a ship or the efficiency or completeness of its equipment, it shall be reported by the master or (if the master fails to do so) the owner at the earliest opportunity to the Director who may cause investigations to be initiated to determine whether a survey by a surveyor is necessary and may in that event require such a survey to be carried out. If a ship is in a port (other than a port in the waters of Hong Kong) of a country which is a Party to the Convention the master or (if the master fails to do so) the owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated and the Director shall ascertain that such a report has been made. (23 of 1998 s. 2)
  
  (4) (a) If an accident has occurred to or a defect has been discovered in or on any ship which is not a Hong Kong ship and which is for the time being in the waters of Hong Kong, and the accident or defect is such as to affect the integrity of the ship or the efficiency or completeness of its equipment, the owner or (if he fails to do so) the master shall make a report immediately to the Director and where appropriate to the authority responsible for issuing an IOPP Certificate to the ship;
  
  (b) The owner or (if he fails to do so) the master shall report the results of any investigation or survey initiated by the authority responsible for issuing the IOPP Certificate to the ship to the Director, who may detain the ship until such a report has been made.
  
  (c) If within a reasonable period the Director is not satisfied that a full and proper report has been made to the authority responsible for issuing an IOPP Certificate to the ship, or that the action taken is sufficient to restore the integrity of the ship or the efficiency or completeness of its equipment, he may take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. Without prejudice to any other action he may take, the Director may request the authority responsible for issuing an IOPP Certificate to the ship to carry out such surveys and inspections as he may consider to be necessary to establish that the condition of the ship is such that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.
  
  Cap 413A reg 9 Procedure to be adopted when corrective action is necessary
  
  (1) In any case where the Certifying Authority determines that the condition of a Hong Kong ship or its equipment does not correspond with the particulars of the IOPP or HKOPP Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, the Certifying Authority shall advise the owner or master of the corrective action which in its opinion is required, and shall give notice thereof to the Director.
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