【法规名称】
【法规编号】 79174 什么是编号？
【正 文】
CAP 413 MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE
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An Ordinance to provide for the prevention and control of pollution from ships and for incidental or related matters. (Enacted 1990) [15 January 1991] L.N. 14 of 1991 (Originally 37 of 1990) Cap 413 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Merchant Shipping (Prevention and Control of Pollution) Ordinance. (Enacted 1990) Cap 413 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "control" (控制) includes contain and reduce; "Director" (处长) means the Director of Marine; "discharge" (排放) means any release, howsoever caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying; but does not include- (a) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed in London on 13 November 1972; or (b) any release directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or (c) any release for the purposes of legitimate scientific research into pollution abatement or control;"Hong Kong ship" (香港船舶) means- (a) a ship registered in Hong Kong; and (b) a vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313);"oil" (油类) means- (a) petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex II of the Convention as defined in section 3(1)); and (b) the substances listed in appendix I to Annex I of the Convention; (Replaced 16 of 1999 s. 2)"ship" (船) (船舶) means a vessel of any type whatsoever operating in the marine environment and includes a hydrofoil, hovercraft, submersible or floating craft and a fixed or floating platform. (Enacted 1990) Cap 413 s 3 Regulations for the prevention and control of pollution PART II REGULATIONS FOR THE PREVENTION AND CONTROL OF POLLUTION (1) In this section- "Convention" (公约) means the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes Attachment 1 to the Final Act of the International Conference on Marine Pollution signed in London on 2 November 1973, as modified by any international agreement referred to in subsection (2)(b)(iii) ; "Protocol" (议定书) means the Protocol (including the annex thereto) relating to the Convention which constitutes Attachment 2 to the Final Act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17 February 1978, as modified by any international agreement referred to in subsection (2)(b)(iii); "substance other than oil" (非油类物质) includes sewage and garbage of any kind. (2) The Secretary for Economic Development and Labour may make regulations- (Amended 16 of 1999 s. 3; L.N. 106 of 2002) (a) relating to the prevention or control of pollution of the sea or other waters by oil, or any substance other than oil, from ships; and (b) for giving effect to- (i) the Convention; (ii) the Protocol; and (iii) any other international agreement (whether made by resolution or otherwise) which relates to the prevention or control of pollution of the sea or other waters by oil, or any substance other than oil, from ships and which applies to Hong Kong, including any agreement which modifies any other such agreement.(2A) The Chief Executive in Council may make regulations for the payment of fees (whether prescribed under this Ordinance, the Merchant Shipping Ordinance (Cap 281) or otherwise) in respect of any survey, inspection, certificate, service or other matter provided for by regulations made under this Ordinance. (Added 16 of 1999 s. 3) (3) Regulations made under this section may be expressed to apply- (a) to Hong Kong ships, wherever they may be; and (b) to other ships while they are within the waters of Hong Kong.(4) Regulations made under this section may provide that the regulations, or any provisions thereof, shall come into force on a date specified in the regulations which is earlier than the date on which the international agreement to which the regulations relate comes into force. (5) Without limiting the generality of subsections (2) and (2A), regulations made under this section may include provisions- (Amended 16 of 1999 s. 3) (a) for the approval of documents, the appointment of surveyors, the carrying out of surveys and inspections and the rendering of other services for the purposes of the regulations, whether in Hong Kong or elsewhere, and for the issue, duration, effect and recognition of certificates for those purposes; (b) for the keeping, carriage and inspection of record books and other records of operations involving oil, or any substance other than oil, on board ships; (ba) for the boarding of any ships within the waters of Hong Kong to carry out inspections for the purposes of the regulations; (Added 16 of 1999 s. 3) |
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