| (Cap 413, section 3)* [6 May 1987] (L.N. 120 of 1987) _________________________________________________________________________________ Note: * These regulations were made under Article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 (S.I. 1987/470 U.K.) as modified and extended to Hong Kong by the Merchant Shipping (Prevention and Control of Pollution) (Hong Kong) Order 1987 (S.I. 1987/664 U.K.). See sections 3 and 12(1)(b) of the Merchant Shipping (Prevention and Control of Pollution) Ordinance, enacted in 1990 (Cap 413). Cap 413D reg 1 Citation and interpretation (1) These regulations may be cited as the Merchant Shipping (BCH Code) Regulations. (2) In these regulations the following expressions have the following meanings- "1974 SOLAS Convention" (《1974年国际海上人命安全公约》) means the International Convention for the Safety of Life at Sea, 1974, as amended (a); "BCH Code" (散化规则) means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1993 Edition) published by the International Maritime Organization, as amended from time to time; (L.N. 184 of 1995) "Cargo Ship Safety Construction Certificate" (货船构造安全证书), "Cargo Ship Safety Equipment Certificate" (货船设备安全证书), "Cargo Ship Safety Radiotelegraphy Certificate" (货船无线电报安全证书) and "Cargo Ship Safety Radiotelephony Certificate" (货船无线电话安全证书) mean respectively the certificates so entitled issued in conformity with the 1974 SOLAS Convention and, in the case of a Hong Kong ship, under or pursuant to the Merchant Shipping (Safety) Ordinance (Cap 369); "Category A" (A类), "Category B" (B类) and "Category C" (C类) mean respectively, in relation to a substance, the category to which a substance listed in column "a" of the table in Chapter 17 of the IBC Code is assigned by having against it in column "c" of that table an entry "A", "B" or "C" respectively; (L.N. 184 of 1995) "Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk" (散装运输危险化学品商适装证书) means, in relation to a Hong Kong ship, a certificate issued pursuant to regulation 5 and, in relation to any other ship, a certificate issued in conformity with Chapter I of the BCH Code by or on behalf of the government of the State in which the ship is registered; "chemical tanker" (化学品液货船) means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code; but does not include offshore support vessels or dry cargo ships with deep tanks; (L.N. 184 of 1995) "constructed" (建造) in the expressions "constructed on or after" (放...或之后建造) and "constructed before" (于...之前建造) means, in relation to a ship, having its keel laid or being at a similar stage of construction; and "similar stage of construction" (相若建造阶段) means the stage at which- (a) construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less;"Control of Pollution by Noxious Liquid Substances Regulations" (控制有毒液体物质污染规例) means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations (Cap 413 sub. leg.); "Director" (处长) means the Director of Marine; "Hong Kong-trading" (在香港营运的) means operating within the waters of Hong Kong; "IBC Code" (国际散化规则) means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1994 Edition) published by the International Maritime Organization, as amended from time to time; (L.N. 184 of 1995) "in bulk" (散装) means directly and without intermediate form of containment in a tank forming an integral part of or permanently located on, a ship; "internationally-trading" (国际营运的) means engaged otherwise than as a Hong Kong- trading ship; "MARPOL 1973/78" (《1973/78年防污公约》) means the International Convention for the Prevention of Pollution from Ships, 1973, as amended (b). (3) In interpreting the BCH Code- (a) the provisions of the BCH Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly; (b) the definitions set out in Chapter I, paragraph 1.4 thereof, shall apply; (c) the footnotes to Part A of Chapter II, to paragraphs 2.14.1, 2.15.6(b), 3.13, 3.14, 3.15.2, 3.16.4 and to Chapter 17 of the IBC Code shall be construed as an integral part of the BCH Code; (L.N. 184 of 1995) (d) references to the Administration shall, in relation to Hong Kong ships, be references to the Secretary for Economic Development and Labour; and references to the Port Administration shall, in relation to all ships in the waters of Hong Kong, be references to the Director; (L.N. 106 of 2002) |
