Merchant Shipping (Prevention and Control of Pollution) (Amendment) Bill 1999

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Amend the Merchant Shipping (Prevention and Control of Pollution) Ordinance.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Merchant Shipping (Prevention and Control of Pollution) (Amendment) Ordinance 1999.

2. Interpretation

Section 2 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413) is amended by repealing the definition of "oil" and substituting---

""oil" (油類) 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;".

3. Regulations for the prevention and
control of pollution

Section 3 is amended---

(a) in subsection (2), by repealing "Governor in Council" and substituting

"Secretary for Economic Services";

(b) by adding---

"(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.";

(c) in subsection (5)---

(i) by repealing "subsection (2)" and substituting "subsections (2) and (2A)";

(ii) by adding---

"(ba) for the boarding of any ships within the waters of Hong Kong to carry out inspections for the purposes of the regulations;";

(iii) by repealing paragraph (f);

(iv) in paragraph (vii), by repealing "Governor in Council" and substituting "Secretary for Economic Services or Chief Executive in Council (as the case may be)".

4. Section added

The following is added---

"3A. Supplementary regulation-making power
in relation to international
agreements applicable
to Hong Kong

For the purpose of giving effect (whether in whole or in part) to any provisions of any international agreements applicable to Hong Kong (including the Convention and the Protocol as defined in section 3(1))---

(a) as in force from time to time; and

(b) so far as the agreement relates to any matter for or in relation to which provision may be made by regulations made under this Ordinance, any such regulations may---

(i) set out or refer to those provisions (whether in a schedule or otherwise); and

(ii) specify (whether in a schedule or otherwise) amendments, modifications or adaptations subject to which those provisions shall have effect.".

5. Application of Part III

Section 5(2) is amended by repealing "Governor" and substituting "Director".

6. Offences in relation to section 6

Section 8(2)(a) is amended by repealing "Governor" and substituting "Director".

7. Service of directions under section 6

Section 9 is amended by repealing "Governor" where it twice appears and substituting "Director".

8. Savings, amendments and repeals

Section 12(1)(b) is amended by repealing "Governor in Council" and substituting "Secretary for Economic Services".

Explanatory Memorandum

The purpose of this Bill is to---

(a) amend the definition of "oil" in section 2 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap. 413) in order to make it in line with the definition set out in Annex I of the Convention as defined in Part II of the Ordinance (clause 2);

(b) transfer the regulation-making power (except the power to make regulations for fees) from the Chief Executive in Council to the Secretary for Economic Services (clauses 3 and 8);

(c) provide that regulations made under the Ordinance may include provisions for the boarding of ships within the waters of Hong Kong to carry out inspections for the purposes of the regulations (clause 3(c)(ii));

(d) provide for the supplementary regulation-making power in relation to international agreements applicable to Hong Kong (clause 4);

(e) transfer the power of giving directions in cases of shipping casualties which involve a risk of pollution from the Chief Executive to the Director of Marine (clauses 5, 6 and 7).