MERCHANT SHIPPING (IBC CODE) REGULATIONS

T-2
Cap. 413E

MERCHANT SHIPPING (IBC CODE)

REGULATIONS

(Cap. 413 sub. leg. E)

Contents

Regulation Page
1. Citation and interpretation 2
2. Application 10
2A. Power of Director in respect of appointments 12
2AB. Director may recognize organizations 12
to survey ships and issue International
Certificates of Fitness etc.
2AC. Director may request Convention countries to 14
survey Hong Kong ships and issue or endorse
International Certificates of Fitness
2AD. Director may at request of Convention 16
countries survey non-Hong Kong ships and
issue or endorse International Certificates of
Fitness
2B. Fees 16
3. Compliance with Code 18
3A. Application of amendment to IBC Code 18
4. Survey requirements 18
5. Issue of International Certificate of Fitness 22

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

T-4
Cap. 413E

Regulation Page
5A. Keeping and inspection of International 26
Certificate of Fitness
5B. Duration of International Certificate of Fitness 26
issued after renewal survey
5C. Duration of International Certificate of Fitness 26
after early completion of surveys
5D. Extension of validity period of International 28
Certificate of Fitness in certain circumstances
5E. International Certificate of Fitness ceases to 30
be valid
5F. International Certificates of Fitness issued 32
under regulation 5 regarded as International
Certificates of Fitness in Chapter 1 of IBC
Code
5G. Withdrawal of International Certificate of 32
Fitness
5H. Cancellation of International Certificate of 34
Fitness
5I. Form of International Certificate of Fitness 34
5J. Alteration of International Certificate of 34
Fitness
5K. Certified true copies of International 36
Certificate of Fitness
6. Maintenance of conditions after survey 36
7. Equivalents 38

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

T-6
Cap. 413E

Regulation Page
8. Exemptions 38
8A. General power of Government surveyors to 38
inspect, examine etc. ships
8B. Obstruction and non-compliance with 44
requirements
9. Loading and carriage in bulk of listed 46
chemicals
10. Penalties 46
11. Power to detain 48
SCHEDULE (Repealed) S-2

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

2
Regulation 1 Cap. 413E

MERCHANT SHIPPING (IBC CODE)

REGULATIONS
(Cap. 413, section 3)*

[6 May 1987]

Editorial 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.)《1987
年商船(防止及控制污染)令》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.)《1987年商船(防止及控制污染)(香港)令》. See
sections 3 and 12(1)(b) of the Merchant Shipping (Prevention) and Control of
Pollution) Ordinance, enacted in 1990 (Cap. 413).

1. Citation and interpretation

(1) These regulations may be cited as the Merchant Shipping (IBC
Code) Regulations.
(2) In these regulations the following expressions have the
following meanings—
“1974 SOLAS Convention” (《1974年國際海上人命安全公約》)
means the International Convention for the Safety of Life at
Sea, 1974, or any convention that replaces that Convention or
any successor convention, as amended from time to time and
as applicable to Hong Kong; (L.N. 94 of 2018)
Administration (主管機關), in relation to a ship, means the
government of any place outside Hong Kong whose flag the
ship is entitled to fly; (L.N. 94 of 2018)

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

4
Regulation 1 Cap. 413E

anniversary date (周年日期), in relation to an International

Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk in force in respect of a ship, means the
day and month of each year which corresponds to the date of
expiry of the Certificate; (L.N. 94 of 2018)
applicable IGC Code (適用的IGC規則), in relation to a ship,
means the code that the ship is required to comply with under
regulation 4 of the Merchant Shipping (Safety) (Gas Carriers)
Regulations (Cap. 369 sub. leg. Z); (L.N. 94 of 2018)
“BCH Code” (散化規則) means the Code for the Construction
and Equipment of Ships Carrying Dangerous Chemicals in
Bulk published by the International Maritime Organization,
as from time to time revised or amended by any revision or
amendment that applies to Hong Kong; (L.N. 185 of 1995;
L.N. 94 of 2018)
“Cargo Ship Safety Construction Certificate” (貨船構造安全證
書) , “Cargo Ship Safety Equipment Certificate” (貨船設備
安全證書) , “Cargo Ship Safety Radio Certificate” (貨船無
線電安全證書) and “Cargo Ship Safety Certificate” (貨船安
全證書) 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); (L.N. 94 of 2018)
chemical tanker (化學品液貨船) means a ship constructed or
adapted for the carriage in bulk of any liquid substance listed
in Chapter 17 of the IBC Code; (L.N. 94 of 2018)
“constructed” (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” (相若建造階段) means the stage at
which— (L.N. 94 of 2018)
(a) construction identifiable with a specific ship begins; and

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

6
Regulation 1 Cap. 413E

(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”
(控制有毒液體物質污染規例) means the Merchant Shipping
(Control of Pollution by Noxious Liquid Substances in Bulk)
Regulations (Cap. 413 sub. leg. B);
Convention (《公約》) means the International Convention for
the Prevention of Pollution from Ships, 1973, including its
protocols and appendices, and Annex II (but no other Annex),
as from time to time revised or amended by any revision or
amendment to any provision of such Convention that applies
to Hong Kong; (L.N. 94 of 2018)
Convention country (公約國) means a country which is a party to
the Convention; (L.N. 94 of 2018)
“Director” (處長) means the Director of Marine;
Government surveyor (政府驗船師) means a person appointed
under regulation 2A(1) to be a Government surveyor; (L.N. 94
of 2018)
“IBC Code” (國際散化規則) means the International Code for the
Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk published by the International Maritime
Organization, as from time to time revised or amended by any
revision or amendment that applies to Hong Kong; (L.N. 185
of 1995; L.N. 94 of 2018)
“in bulk” (散裝) means directly and without intermediate form
of containment in a tank forming an integral part of, or
permanently located on, a ship;
International Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk (國際散裝運輸危險化學品適裝證書)
means—

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

8
Regulation 1 Cap. 413E

(a) a certificate issued under regulation 5;

(b) an International Certificate of Fitness for the Carriage
of Dangerous Chemicals in Bulk issued by a recognized
organization; or
(c) an International Certificate of Fitness for the Carriage
of Dangerous Chemicals in Bulk issued by or under the
authority of an Administration; (L.N. 94 of 2018)
“pollution hazard substance” (有污染危險的物質) means a
substance listed in column “a” of the table in Chapter 17 of
the IBC Code and having against it in column “d” thereof an
entry “p” only; (L.N. 94 of 2018)
recognized organization (認可機構) means an organization
recognized under regulation 2AB; (L.N. 94 of 2018)
sea (海、海域) includes all waters navigable by sea-going ships.
(L.N. 94 of 2018)
(L.N. 185 of 1995; L.N. 94 of 2018)
(3) In interpreting the IBC Code—
(a) the provisions of the IBC Code having been made
mandatory under regulation 3 the language thereof shall
be construed accordingly;
(b) the definitions set out in Chapter I, paragraph 1.3
thereof, shall apply; and (L.N. 94 of 2018)
(c) references to the Administration shall, in relation to
Hong Kong ships, be references to the Director; 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; L.N. 130 of 2007;
L.N. 94 of 2018)
(d)-(e) (Repealed L.N. 94 of 2018)
(37 of 1990 s. 12; L.N. 86 of 1992)

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

10
Regulation 2 Cap. 413E

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) (Repealed L.N. 94 of 2018)
(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 applicable
IGC Code; and
(b) one or more of the substances listed in Chapter 19 of the
applicable IGC Code, 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 applicable IGC Code
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:

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

12
Regulation 2A Cap. 413E

Provided that in the case of a ship registered in a State which

is not a party to the Convention or to the 1974 SOLAS
Convention 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).
(4) These regulations do not apply to—
(a) a warship;
(b) a naval auxiliary; or
(c) any other ship owned or operated by a government
and used only on government non-commercial service.
(L.N. 94 of 2018)
(L.N. 94 of 2018)

2A. Power of Director in respect of appointments

(24 of 2023 s. 36)
(1) The Director may, in writing, appoint persons to be
Government surveyors for the purposes of these regulations.
(L.N. 94 of 2018)
(2)-(3) (Repealed 24 of 2023 s. 36)

2AB. Director may recognize organizations to survey ships and issue

International Certificates of Fitness etc.
The Director may recognize an organization for—
(a) carrying out surveys of Hong Kong ships;
(b) issuing International Certificates of Fitness for the
Carriage of Dangerous Chemicals in Bulk in respect of
Hong Kong ships;

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

14
Regulation 2AC Cap. 413E

(c) making endorsements on the International Certificates

of Fitness for the Carriage of Dangerous Chemicals in
Bulk issued by the organization;
(d) with the prior written consent of the Director, granting
extensions of the validity periods of the International
Certificates of Fitness for the Carriage of Dangerous
Chemicals in Bulk issued by the organization;
(e) altering any particulars contained in the International
Certificates of Fitness for the Carriage of Dangerous
Chemicals in Bulk issued by the organization;
(f) issuing certified true copies of the International
Certificates of Fitness for the Carriage of Dangerous
Chemicals in Bulk issued by the organization; and
(g) specifying any corrective actions which the organization
considers necessary to be taken in respect of Hong Kong
ships.
(L.N. 94 of 2018)

2AC. Director may request Convention countries to survey Hong

Kong ships and issue or endorse International Certificates of
Fitness
The Director may request any Convention country—
(a) to carry out a survey of a Hong Kong ship on behalf of
the Director in conformity with Chapter 1 of the IBC
Code; and
(b) to do the following—
(i) issue an International Certificate of Fitness for
the Carriage of Dangerous Chemicals in Bulk in
respect of the ship in conformity with Chapter 1 of
the IBC Code; or

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

16
Regulation 2AD Cap. 413E

(ii) endorse on an International Certificate of Fitness

for the Carriage of Dangerous Chemicals in Bulk
issued in respect of the ship in conformity with
Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

2AD. Director may at request of Convention countries survey

non-Hong Kong ships and issue or endorse International
Certificates of Fitness
The Director may, at the request of any Convention country—
(a) cause a non-Hong Kong ship that is within the waters of
Hong Kong to be surveyed under regulation 4 as if the
ship were a Hong Kong ship; and
(b) do the following—
(i) issue an International Certificate of Fitness for
the Carriage of Dangerous Chemicals in Bulk in
respect of the ship under regulation 5 as if the ship
were a Hong Kong ship; or
(ii) endorse on an International Certificate of Fitness
for the Carriage of Dangerous Chemicals in Bulk
issued in respect of the ship in conformity with
Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

2B. Fees
Fees shall be payable in respect of surveys and other service
provided by the Director or a Government surveyor under these
regulations and shall be determined as prescribed by the Merchant
Shipping (Prevention and Control of Pollution) (Fees) Regulation
(Cap. 413 sub. leg. L) and, as respects the time involved, by
reference to the hourly rate calculated in accordance with the
Regulation.

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

18
Regulation 3 Cap. 413E

(L.N. 94 of 2018)

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.
(L.N. 185 of 1995)

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)

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 and Cargo Ship Safety Radio Certificate or Cargo
Ship Safety Certificate is issued) of a chemical tanker shall be
subjected to the following surveys— (L.N. 94 of 2018)
(a) an initial survey before the ship is put in service or
before the International Certificate of Fitness for the
Carriage of Dangerous Chemicals in Bulk is issued in
respect of the ship for the first time; an initial survey
shall be such as to ensure that the structure, equipment,

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

20
Regulation 4 Cap. 413E

fittings, arrangements and materials fully comply with

the relevant provisions of the IBC Code;
(b) a renewal survey at intervals not exceeding 5 years
which shall be such as to ensure that the structure,
equipment, fittings, arrangements and materials fully
comply with the relevant provisions of the IBC Code;
(c) an intermediate survey within the period commencing
3 months before and ending 3 months after the second
anniversary date of the International Certificate of
Fitness for the Carriage of Dangerous Chemicals in
Bulk issued in respect of the ship or within the period
commencing 3 months before and ending 3 months after
the third anniversary date of the International Certificate
of Fitness for the Carriage of Dangerous Chemicals in
Bulk issued in respect of the ship; intermediate surveys
shall be such as to ensure that the equipment and
associated pump and piping systems fully comply with
the relevant provisions of the IBC Code and are in good
working order; a record of such surveys in the form
appropriate to an intermediate survey included in the
form entitled “Endorsement for Annual and Intermediate
Surveys” set out in the appendix to the IBC Code
shall be endorsed by the surveyor on the International
Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk;
(d) an annual survey within the period commencing
3 months before and ending 3 months after each
anniversary date of the International Certificate of
Fitness for the Carriage of Dangerous Chemicals in
Bulk issued in respect of the ship which is to include
a general inspection of the structure, equipment,
fittings, arrangements and materials referred to in
subparagraph (a) to ensure that they have been

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

22
Regulation 5 Cap. 413E

maintained in accordance with regulation 6 and that

they remain satisfactory for the service for which the
ship is intended; a record of such survey in the form
appropriate to an annual survey included in the form
entitled “Endorsement for Annual and Intermediate
Surveys” set out in the appendix to the IBC Code
shall be endorsed by the surveyor on the International
Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk;
(e) an additional survey, either general or partial according
to the circumstances, shall be made when it has been
determined under regulation 6(3) to be necessary, or
whenever any important repairs or renewals are made;
such a survey shall ensure that the necessary repairs
or renewals have been effectively made, that the
materials and workmanship of such repairs or renewals
are satisfactory, and that the ship is fit to proceed to
sea without danger to the ship or persons on board or
without presenting any unreasonable threat of harm to
the marine environment. (L.N. 94 of 2018)
(2) If an intermediate survey of the ship has been carried out by
reference to an anniversary date, the annual survey of the ship
by reference to the anniversary date for the relevant year is
not required to be carried out. (L.N. 94 of 2018)

5. Issue of International Certificate of Fitness

(1) Upon satisfactory completion by a Government surveyor
of an initial or renewal survey under regulation 4 of these
regulations and under regulation 23 of the Control of
Pollution by Noxious Liquid Substances Regulations the
Director shall issue to a ship which complies with the
relevant requirements of the IBC Code and of Annex II to

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

24
Regulation 5 Cap. 413E

the Convention an International Certificate of Fitness for the

Carriage of Dangerous Chemicals in Bulk. (L.N. 94 of 2018)
(2) The Certificate is valid for the period specified by the
Director in the Certificate. (L.N. 94 of 2018)
(3) The period specified by the Director must not exceed 5 years
from the date of issue stated in the Certificate. (L.N. 94 of
2018)
(4) In the case of a ship which has transferred from registry
in another Convention country to registry in Hong Kong
the Director may, subject to such requirements as to
survey or otherwise as he may think fit, if he is satisfied,
notwithstanding that the surveys referred to in regulation
4 were not carried out by a Government surveyor, that—
(L.N. 94 of 2018)
(a) the ship has, in conformity with Chapter 1 of the IBC
Code, already been subjected to an initial or renewal
survey and to any intermediate, annual or additional
surveys required; and
(b) the ship was issued by or on behalf of the Convention
country concerned with an International Certificate of
Fitness for the Carriage of Dangerous Chemicals in
Bulk which would, but for the change of registry, have
remained valid; and
(c) the condition of the ship and its equipment has been
maintained in conformity with the provisions of the IBC
Code; and
(d) since completion of the surveys referred to in sub-
paragraph (a) no change has been made in the structure,
equipment, fittings, arrangements and materials covered
by those surveys without the sanction of the Convention
country concerned or of the Director, except by direct
replacement,

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

26
Regulation 5A Cap. 413E

issue to that ship an International Certificate of Fitness for the

Carriage of Dangerous Chemicals in Bulk. (L.N. 94 of 2018)
(5) The Certificate issued under paragraph (4) must not
expire after the expiry date of the Certificate mentioned in
subparagraph (b) of that paragraph. (L.N. 94 of 2018)
(6)-(8) (Repealed L.N. 94 of 2018)

5A. Keeping and inspection of International Certificate of Fitness

An International Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk must be kept on board the ship and
must be readily available for inspection at all reasonable times.
(L.N. 94 of 2018)

5B. Duration of International Certificate of Fitness issued after

renewal survey
A new International Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk issued in respect of a ship as a result
of a renewal survey under regulation 4 is valid for such period as
may be specified by the Director in the Certificate in accordance
with paragraph 1.5.6 of Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

5C. Duration of International Certificate of Fitness after early

completion of surveys
(1) This regulation applies if—
(a) an intermediate survey of a ship is completed before
the period within which the survey is required to be
completed under regulation 4(1)(c); or
(b) an annual survey of a ship is completed before the
period within which the survey is required to be
completed under regulation 4(1)(d).

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

28
Regulation 5D Cap. 413E

(2) After a survey in respect of a ship is completed as described

in paragraph (1), the existing International Certificate of
Fitness for the Carriage of Dangerous Chemicals in Bulk
issued in respect of the ship must be endorsed to show a date
described on the endorsement as the “new anniversary date”,
which must be a date that is within 3 months from the date of
completion of the survey (new anniversary date).
(3) For the purposes of any intermediate survey or annual survey
to be carried out in respect of the ship under regulation
4(1)(c) or (d) in any year subsequent to the endorsement, the
period within which the survey must be carried out is to be
ascertained by reference to the new anniversary date.
(4) The duration of an existing International Certificate of
Fitness for the Carriage of Dangerous Chemicals in Bulk
issued in respect of the ship may be varied by the Director
in accordance with paragraph 1.5.6 of Chapter 1 of the IBC
Code.
(L.N. 94 of 2018)

5D. Extension of validity period of International Certificate of

Fitness in certain circumstances
The Director may extend the validity period of an existing
International Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk issued in respect of a ship in accordance with
paragraph 1.5.6 of Chapter 1 of the IBC Code if—
(a) the Certificate is valid for a period of less than 5 years;
(b) a new International Certificate of Fitness for the
Carriage of Dangerous Chemicals in Bulk cannot be
issued or placed on board the ship before the expiry of
the Certificate;
(c) the ship is not in the port in which it is to be surveyed
when the Certificate expires; or

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

30
Regulation 5E Cap. 413E

(d) the ship is engaged in short voyages.

(L.N. 94 of 2018)

5E. International Certificate of Fitness ceases to be valid

(1) An International Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk issued in respect of a Hong
Kong ship ceases to be valid if—
(a) after a survey, without the sanction of the Director,
a material change has been made to the structure,
equipment, fittings, arrangements or materials covered
by the survey, other than the direct replacement of them;
(b) a survey referred to in regulation 4(1)(b), (c) or (d) is
not carried out within the period specified for the survey
in that regulation;
(c) an additional survey referred to in regulation 4(1)(e)
is not carried out within such reasonable time as the
Government surveyor or recognized organization may
specify;
(d) the Certificate is not endorsed under regulation
4(1)(c) or under Chapter 1 of the IBC Code, after an
intermediate survey of the ship is carried out;
(e) the Certificate is not endorsed under regulation 4(1)(d)
or under Chapter 1 of the IBC Code, after an annual
survey of the ship is carried out; or
(f) the ship is transferred to the registry of a place outside
Hong Kong.
(2) In any of the cases specified in paragraph (1)(b), (c), (d) or
(e), the owner of the ship must deliver the Certificate to the
Director on demand.
(L.N. 94 of 2018)

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

32
Regulation 5F Cap. 413E

5F. International Certificates of Fitness issued under regulation 5

regarded as International Certificates of Fitness in Chapter 1
of IBC Code
For the purposes of regulations 5B, 5C and 5D, a certificate issued
under regulation 5 is to be regarded as an International Certificate
of Fitness for the Carriage of Dangerous Chemicals in Bulk
referred to in paragraph 1.5 of Chapter 1 of the IBC Code.
(L.N. 94 of 2018)

5G. Withdrawal of International Certificate of Fitness

(1) A Government surveyor may, by written notice, require the
owner or master of a Hong Kong ship in respect of which
an International Certificate of Fitness for the Carriage of
Dangerous Chemicals in Bulk has been issued to take such
corrective action which the surveyor considers necessary if
on a survey (other than an initial survey) of the ship referred
to in regulation 4, the surveyor determines that the condition
of the ship or its equipment does not correspond substantially
with the particulars in the Certificate.
(2) The surveyor must, on giving notice under paragraph (1),
inform the Director.
(3) If the corrective action is not taken within the period specified
by the surveyor, the surveyor must inform the Director and
the Director may, by written notice to the owner and master
of the ship, withdraw the Certificate.
(4) On receiving a notice under paragraph (3), the owner and
master of the ship must deliver the Certificate to the Director
immediately.
(5) The owner or master of the ship may, after the corrective
action in respect of the ship has been taken, apply to the
Director for the return of the Certificate.

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

34
Regulation 5H Cap. 413E

(6) On receiving an application under paragraph (5), if the

Director is satisfied that the corrective action in respect of the
ship has been taken, the Director must, by written notice to
the owner or master of the ship, return the Certificate to the
owner or master.
(L.N. 94 of 2018)

5H. Cancellation of International Certificate of Fitness

(1) The Director may, by written notice to the owner and master
of a Hong Kong ship, cancel an International Certificate of
Fitness for the Carriage of Dangerous Chemicals in Bulk
issued in respect of the ship in the circumstances set out in
paragraph (2).
(2) The circumstances are that the Director has reasonable
grounds to believe that the Certificate was issued, or any
endorsement on it was made, on the basis of false or
erroneous information.
(3) The Director must give reasons for cancelling the Certificate
in the notice under paragraph (1).
(4) On receiving a notice under paragraph (1), the owner and
master of the ship must deliver the Certificate to the Director
immediately.
(L.N. 94 of 2018)

5I. Form of International Certificate of Fitness

The Director may specify the form of an International Certificate
of Fitness for the Carriage of Dangerous Chemicals in Bulk.
(L.N. 94 of 2018)

5J. Alteration of International Certificate of Fitness

(1) The owner of a ship in respect of which an International

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

36
Regulation 5K Cap. 413E

Certificate of Fitness for the Carriage of Dangerous

Chemicals in Bulk has been issued by the Director may
request the Director to alter any of the particulars contained
in the Certificate.
(2) The Director may refuse to make the alteration if the Director
considers it to be a material alteration.
(3) If the Director agrees to make the alteration, the Director
must, on payment of the prescribed fee, alter the Certificate.
(L.N. 94 of 2018)

5K. Certified true copies of International Certificate of Fitness

(1) The owner of a ship in respect of which an International
Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk has been issued by the Director may apply
to the Director for the issue of a certified true copy of the
Certificate.
(2) The application must be accompanied by the prescribed fee
for the certified true copy.
(L.N. 94 of 2018)

6. Maintenance of conditions after survey

(1) The condition of the ship and its equipment shall be
maintained so as to conform to the provisions of the IBC
Code.
(2) After any survey referred to in regulation 4 has been
completed in respect of a Hong Kong ship, no change shall
be made in the structure, equipment, 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 affects the safety of the ship or

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

38
Regulation 7 Cap. 413E

the efficiency or completeness of its life-saving appliances

or other equipment covered by the IBC Code, 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,
cause investigations to be initiated to 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.
(L.N. 94 of 2018)

7. Equivalents
Where the IBC Code requires that a particular fitting, material,
appliance, apparatus, item of equipment or type thereof should be
fitted or carried in a ship, or that any particular provision should
be made, or any procedure or arrangement should be complied
with, the Director may allow any other fitting, material, appliance,
apparatus, item of equipment or type thereof to be fitted or carried,
or any other provision, procedure or arrangement to be made in
that ship, if he is satisfied by trial thereof or otherwise that such
fitting, material, appliance, apparatus, item of equipment or type
thereof, or any particular provision, procedure or arrangement is at
least as effective as that required by the IBC Code.

8. Exemptions
The Director may exempt any ship or class or description of ship
from any of the requirements of these regulations or of the IBC
Code, subject to such conditions as he may specify, and may alter
or cancel any exemption so granted.

8A. General power of Government surveyors to inspect, examine

etc. ships
(1) Any of the powers conferred by this regulation may be

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

40
Regulation 8A Cap. 413E

exercised for ascertaining whether these regulations have

been or are being complied with.
(2) A Government surveyor may, at any reasonable time—
(a) board a ship that is within the waters of Hong Kong;
and
(b) take with the surveyor any other person and any
equipment or materials required to assist the surveyor.
(3) After boarding the ship, the surveyor may—
(a) inspect the ship;
(b) make any examination and investigation as the surveyor
considers necessary;
(c) take samples of any article or substance found on the
ship that the surveyor may reasonably require for the
inspection, examination or investigation;
(d) inspect, seize and remove from the ship any article or
substance in respect of which the surveyor suspects
on reasonable grounds that an offence under these
regulations has been committed;
(e) detain the article or substance for so long as is
necessary—
(i) for the inspection, examination or investigation;
and
(ii) to ensure that it is available for use as evidence
in any proceedings for an offence under these
regulations;
(f) take any measurements and photographs and make any
recordings that the surveyor may reasonably require for
the inspection, examination or investigation;
(g) require that the ship, or any part of the ship, or anything
on the ship, is to be left undisturbed (whether generally

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

42
Regulation 8A Cap. 413E

or in particular respects) for so long as is necessary for

the inspection, examination or investigation;
(h) require any person who the surveyor reasonably
believes is able to give any information relevant to the
inspection, examination or investigation—
(i) to attend at a place and time specified by the
surveyor;
(ii) to answer the questions that the surveyor thinks fit
to ask; and
(iii) to sign a declaration of the truth of the person’s
answers;
(i) require the production of, and inspect and take copies of
or of any entry in—
(i) any certificates, books or documents that are
required to be kept under these regulations; and
(ii) any other certificates, books or documents that the
surveyor considers necessary for the inspection,
examination or investigation; and
(j) require any person to afford the surveyor such facilities
and assistance with respect to any matters or things
within that person’s control or in relation to which that
person has responsibilities as the surveyor considers
necessary to enable the surveyor to exercise any power
conferred by this regulation.
(4) If an inspection of a ship under paragraph (3) reveals a
deficiency, the Director may give a direction to the master of
the ship requiring the master to cause the ship not to proceed
to sea until the deficiency is rectified.
(5) A master to whom a direction is given under paragraph (4)
must—
(a) comply with the direction;
Last updated date
21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

44
Regulation 8B Cap. 413E

(b) take steps to rectify the deficiency; and

(c) inform the Director once the deficiency is rectified.
(6) If the ship is a Hong Kong ship and the deficiency is not
rectified within the period specified by the Director, the
Director may, by written notice to the owner and master of
the ship, require the surrender of the International Certificate
of Fitness for the Carriage of Dangerous Chemicals in Bulk
issued in respect of the ship to the Director.
(7) On receiving a notice under paragraph (6), the owner and
master of the ship must deliver the Certificate to the Director
immediately.
(8) The owner or master of the ship may, after the deficiency in
respect of the ship has been rectified, apply to the Director for
the return of the Certificate.
(9) On receiving an application under paragraph (8), if the
Director is satisfied that the deficiency in respect of the ship
has been rectified, the Director must, by written notice to the
applicant, return the Certificate to the applicant.
(L.N. 94 of 2018)

8B. Obstruction and non-compliance with requirements

(1) A person must not—
(a) wilfully obstruct a Government surveyor in the exercise
of any power conferred by regulation 8A; or
(b) make a statement or sign a declaration that the person
knows is false, or recklessly make a statement or sign a
declaration that is false, in purported compliance with a
requirement under regulation 8A(3)(h).
(2) A person must comply with a requirement imposed on the
person under regulation 8A(3).
(L.N. 94 of 2018)

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

46
Regulation 9 Cap. 413E

9. Loading and carriage in bulk of listed chemicals

No ship to which these regulations apply shall load in bulk or carry
in bulk any of the substances listed in Chapter 17 of the IBC Code
unless—
(a) (i) there is in force in respect of that ship an
International Certificate of Fitness for the Carriage
of Dangerous Chemicals in Bulk covering the
substance which the ship is loading or carrying;
and
(ii) the loading and carriage is in accordance with the
terms of that certificate; or
(b) (i) either the Director or an Administration has given
written permission for its carriage; and (L.N. 94 of
2018)
(ii) any conditions subject to which that permission
was given are complied with.

10. Penalties
(1) If in respect of any ship there is a contravention of regulation
3, 5A, 5G(4), 5H(4), 6, 8A(5) and (7), 8B or 9, the owner
and the master of the ship each commits an offence and is
liable— (L.N. 94 of 2018)
(a) on conviction upon indictment, to a fine of $100,000;
(b) on summary conviction, to a fine of $10,000. (37 of
1990 s. 12)
(1A) (Repealed L.N. 94 of 2018)
(2) It shall be a defence for a person charged with an offence
under these regulations to prove that he took all reasonable
steps to ensure that the regulations were complied with.

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

48
Regulation 11 Cap. 413E

(3) If an offence under this regulation is committed or would,

but for the operation of paragraph (2), have been committed
by the owner or master of a ship due to the act or omission
of some other person, that other person also commits the
offence and may be charged with and convicted of the offence
whether or not proceedings are taken against the owner or
master. (L.N. 94 of 2018)

11. Power to detain

(1) The Director may, if he has reason to believe that a
contravention of these regulations has occurred in respect of a
ship, detain the ship. (37 of 1990 s. 12)
(2) Where a ship other than a Hong Kong ship is detained under
paragraph (1), the Director shall immediately inform the
consul or diplomatic representative of the State whose flag the
ship is entitled to fly or the appropriate maritime authorities
of that State.

Last updated date

21.7.2023
 MERCHANT SHIPPING (IBC CODE) REGULATIONS

SCHEDULE S-2
Cap. 413E

SCHEDULE

(Repealed L.N. 94 of 2018)

Last updated date

17.7.2018