APPENDIX I - LETTERS PATENT, ROYAL WARRANTS, REGULATIONS AND MISCELLANEOUS INSTRUMENTS

APPENDIX I - LETTERS PATENT, ROYAL WARRANTS, REGULATIONS AND MISCELLANEOUS INSTRUMENTS

LAWS OF HONG KONG

LETTERS PATENT, ROYAL WARRANTS,
REGULATIONS AND MISCELLANEOUS
INSTRUMENTS

APPENDIX 1





APPENDIX 1

LETTERS PATENT, ROYAL WARRANTS, REGULATIONS AND
MISCELLANEOUS INSTRUMENTS

Date or Title or Subject-matter Enabling law Current Page
G.N. Number edition

10 March 1911 Decoration for Officers of the Executive Authority 1964 A 1
(G.N.A. 218 of 1952) Royal Naval Volunteer
Reserve Extended to the
Auxiliary Naval Forces of His
Majesty's Dominions beyond
the Seas
22 June 1962 Regulations recommended by Royal Warrant 1964
(G.N.A. 52 of 1962) the Governor and approved
by the Lords Commissioners
of the Admiralty
10 March 1911 Medals for Conspicuous Executive Authority 1964 B 1
(G.N.A. 219 of 1952) Gallantry and for Long Service
and Good Conduct
22 June 1962 Regulations recommended by Royal Warrant 1964
(G.N.A. 53 of 1962) the Governor and approved
by the Lords Commissioners
of the Admiralty
14 February 1917 Hong Kong Letters Patent 1917 Prerogative Powers 1988 C 1
(S.R. & O. 1971 to 1988
p. 1317)
(Proc. No. 3 of 1917)
14 February 1917 Hong Kong Royal Instructions Prerogative Powers 1988 D 1
(Proc. No. 3 of 1917) 1917 to 1988
23 September 1930 Efficiency Medal Executive Authority 1964 F 1
(G.N. 460 of 1931)
G.N.A. 83 of 1955 Regulations made by the Royal Warrant 1964
Governor with the approval
of Her Majesty the Queen
G.N.A. 29 of 1949 Proclamation No. 2 of 1949 Hong Kong (Coinage) 1971 AI 1
(Hong Kong Ten Cent and Order1936
Five Cent Pieces)
G.N.A. 238 of 1949 Air Transport (Licensing of Air Air Navigation Act 1985 G 1
Services) Regulations 1936 as applied by
Colonial Air
Navigation
(Application of
Acts) Orders 1937 to
1947 (Revoked by
S.I. 1952/868.
Notwithstanding
revocation,
Regulations are still
in force)





Date or Title or Subject-matter Enabling law Current Page
G.N. Number edition

1 February 1950 Cadet Forces Medal Executive Authority 1964 H 1
(G.N.A. 82 of 1950)
G.N.A. 82 of 1950 Regulations made by First Royal Warrant 1964
Lord of the Admiralty, the
Secretary of State for War
and the Secretary of State
for Air
G.N.A. 113 of 1950 Samaritan FundResolution of the 1989 BMI
Legislative Council
G.N.A. 138 of 1950 Deprivation of Citizenship Rules British Nationality Act 1964 11
1950 1968
12 April 1951 Air Efficiency Award Executive Authority 1964 J 1
(G.N.A. 5 of 1954)
G.N.A. 88 of 1957 Regulations made by the Royal Warrant 1964
Governor with the approval
of Her Majesty the Queen
17 November 1952 Efficiency Decoration Executive Authority 1964 M 1
(G.N.A. 117 of 1953)
G.N.A. 116 of 1953 Regulations made by the Royal Warrant 1964
Governor with the approval
of Her Majesty the Queen
28 October 1955 Colonial Prison Service Medal Executive Authority 1980 01
(G.N.A. 9 of 1957)
L.N. 245 of 1980 Regulations issued by the Royal Warrant 1980
Governor with the approval
of the Secretary of State for
the Colonies
21 March 1956 Colonial Police Long Service Executive Authority 1972 Q 1
(G.N.A. 96 of 1957) Medal
L.N. 137 of 1972 Regulations made by the Royal Warrant 1972
Governor with the approval
of the Secretary of State for
Foreign and Commonwealth
Affairs
21 March 1956 Colonial Fire Brigades Long Executive Authority 1972 P 1
(G.N.A. 98 of 1957) Service Medal
L.N. 101 of 1972 Regulations made by the Royal Warrant 1972
Governor with the approval
of the Secretary of State for
Foreign and Commonwealth
Affairs
1 April 1957 Colonial Special ConstabularyExecutive Authority 1964 R 1
(G.N.A. 18 of 1960) Medal
G.N.A. 19 of 1960 Regulations made by the Royal Warrant 1964
Governor with the approval
of the Secretary of State for
the Colonies
2 February 1963 Maintenance Orders Act 1923 of Maintenance Orders 1964 U 1
(L.N. 26 of 1964) the Republic of South Africa- Act 1923 of the
Extension to Hong Kong Republic of South
Africa





Date or Title or Subject-matter Enabling law Current Page
G.N. Number edition

8 July 1963 Civil Defence Long Service Executive Authority 1964 V 1
(L.N. 98 of 1963) Medal
L.N. 80 of 1965 United Kingdom Forces United Kingdom 1965 W 1
(Jurisdiction of Colonial Forces (Jurisdiction
Court) (Service Organizations) of Colonial Court)
Order 1965 Order 1965 (S.I.
1965/1203)
L.N. 5 of 1968 Fugitive Offenders Act 1967 Fugitive Offenders Act 1968 Y 1
(Commencement) Order 1967 as extended by
Fugitive Offenders
(Hong Kong) Order
1967
(S.I. 1967/1911)
L.N. 14 of 1968 Fugitive Offenders (Forms) Fugitive Offenders Act 1968 AA 1
Order 1967 as extended by
Fugitive Otrenders
(Hong Kong) Order
1967
(S.I. 1967/1911)
9 October 1968 Standing Orders of the Royal Instructions 1987 E 1
(G.N. 2049 of 1968) Legislative Council of Hong
(G.N. 2050 of 1968) Kong
L.N. 8 of 1969 Visiting Forces Act 1952 (Arrest Visiting Forces Act 1969 AE 1
of Members of United States 1952 as adapted and
Forces) Order modified by the
Visiting Forces Act
(Application to
Colonies) Order
1954
(S.I. 1954/636)
L.N. 14 of 1969 Fugitive Otrenders Act 1967 Fugitive Otrenders Act 1969 AF 1
(Commencement) Order 1969 1967 as extended by
the Fugitive
Otrenders (Hong
Kong) Order 1967
(S.I. 1967/1911)
L.N. 10 of 1973 Exemption from Certain Life Merchant Shipping 1973 AH 1
Saving Appliances (Safety Convention)
Requirements Act 1949
L.N. 103 of 1973 Copyright (Libraries) Copyright Act 1956 1973 AJ 1
Regulations
L.N. 104 of 1973 Copyright (Notice of Copyright Act 1956 1973 AK 1
Publication) Regulations
L.N. 105 of 1973 Copyright Royalty System Copyright Act 1956 1973 AIL 1
(Records) Regulations
L.N. 97 of 1975 Proclamation No. 2 of 1975 Hong Kong (Coinage) 1975 AS 1
(Hong Kong One Thousand Order 1936
Dollar Piece)





L.N. Number Title or Subject-matter Enabling law Current

edition Page

L.N. 191 of 1975 Proclamation No. 4 of 1975 Hong Kong (Coinage) 1975 AT 1
(Hong Kong Twenty Cent and Order 1936
Two Dollar Pieces)
L.N. 75 of 1976 Exemptions Merchant Shipping 1976 AU 1
(Safety Convention)
Act 1949
L.N. 139 of 1976 Oil Pollution (Compulsory Merchant Shipping 1977 AV 1
Insurance) Regulations (Oil Pollution) Act
1971
L.N. 176 of 1977 Proclamation No. 1 of 1977 Hong Kong (Coinage) 1977 AY 1
(Hong Kong Fifty Cent Order 1936
Piece---Nickel-Brass)
L.N. 168 of 1978 Proclamation No. 1 of 1978 Hong Kong (Coinage) 1978 BA 1
(Hong Kong One Dollar Piece) Order 1936
L.N. 247 of 1979 Exemption from Certain Life Merchant Shipping 1979 BD 1
Saving Appliances (Safety Convention)
Requirements Act 1949
L.N. 266 of 1979 Copyright (Performing Right Copyright Act 1956 1979 BF 1
Tribunal) Rules
L.N. 190 of 1980 Hong Kong Air Navigation Air Navigation 1987 N 1
(Fees) Regulations (Overseas
Territories) Order
1977, Article 91
(S.I. 1977/422)
L.N. 16 of 1981 Open General Licence Iran (Trading 1981 BC 1
Sanctions) Order
1980
L.N. 146 of 1981 Proclamation No. 1 of 1981 Hong Kong (Coinage) 1981 AW 1
(Hong Kong Five Dollar Order 1936 to 1978
Piece)
L.N. 140 of 1982 Proclamation No. 1 of 1982 Hong Kong (Coinage) 1982 AR 1
(Hong Kong Ten Cent Piece) Order 1936 to 1978
L.N. 152 of 1982 Hong Kong Letters Patent 1982 Prerogative Powers 1982 BE 1
L.N. 140 of 1983 Proclamation No. 1 of 1983 Hong Kong (Coinage) 1983 AX 1
(Hong Kong Ten Cent Piece) Orders 1936 to 1978
L.N~ 163 of 1983 Merchant Shipping Act 1981 Merchant Shipping 1983 AQ 1
(Commencement) Notice Act 1981 as
extended by the
Carriage of Goods
by Sea (Hong Kong)
Order 1982
L.N. 281 of 1983 Merchant Shipping (Tonnage) Merchant Shipping 1983 AB 1
Regulations Act 1965
L.N 333 of 1983 Hong Kong Civil Aviation Civil Aviation Act 1983 L 1
(Investigation of Accidents) 1949 as applied by
Regulations the Civil Aviation
Act 1949 (Overseas
Territories) Order

1969 ,





L.N. Number Title or Subject-matter Enabling law Current Page
edition

L.N. 66 of 1984 Carriage by Air (Overseas Carriage by Air Act 1984 AD 1
Territories) (Hong Kong 1961 as extended to
Dollar Equivalents) Order Hong Kong by the
Carriage by Air
(Overseas
Territories) Order
1967
L.N. 67 of 1984 Carriage by Air Acts Carriage by Air Acts 1984 AC 1
(Application of Provisions) 1961 as applied to
(Overseas Territories) (Hong Hong Kong by the
Kong Dollar Equivalents) Carriage by Air Acts
Order (Application of
Provisions)
(Overseas
Territories) Order
1967
L.N. 429 of 1984 Merchant Shipping (Prevention Merchant Shipping 1984 K 1
of Oil Pollution) Regulations (Prevention of Oil
Pollution) Order
1983 as modified
and extended to
Hong Kong by the
Merchant Shipping
(Prevention of Oil
Pollution) (Hong
Kong) Order 1984
L.N. 185 of 1986 Hong Kong Disciplined Services Executive Authority 1986 AO 1
Medal
L.N. 287 of 1986 Merchant Shipping Act 1979 Merchant Shipping 1986 AP 1
(Commencement) Order Act 1979 as
modified and
extended to Hong
Kong by the
Merchant Shipping
Act 1979 (Hong
Kong) Order 1980,
etc.
L.N. 12 of 1987 Merchant Shipping (Liability of Merchant Shipping 1987 BJ 1
Shipowners and Others) Act 1979 as
(Calculation of Tonnage) modified and
(Hong Kong) Order extended to Hong
Kong by the
Merchant Shipping
Act 1979 (Hong
Kong) Order 1980
L.N. 115 of 1987 Merchant Shipping (Carriers' Merchant Shipping 1987 BI 1
Liability under Athens Act 1979 as
Convention) (Hong Kong modified and
Dollar Equivalents) Order extended to Hong
Kong by the
Merchant Shipping
Act 1979 (Hong
Kong) Order 1980





L.N. Number Title or Subject-matter Enabling law Current Page
edition
L.N. 116 of 1987 Merchant Shipping Act 1979 Merchant Shipping 1987 AM 1

(Commencement) Order Act 1979 as
modified and
extended to Hong
Kong by the
Merchant Shipping
Act 1979 (Hong
Kong) Order 1980,
etc.

L.N. 118 of 1987 Merchant Shipping (Control of Merchant Shipping 1987 BG 1
Pollution by Noxious Liquid (Prevention and
Substances in Bulk) Control of
Regulations Pollution) Order
1987 as modified
and extended to
Hong Kong by the
Merchant Shipping
(Prevention and
Control of
Pollution) (Hong
Kong) Order 1987
L.N. 119 of 1987 Merchant Shipping (Reporting of Merchant Shipping 1987 BH 1
Pollution Incidents) (Prevention and
Regulations Control of
Pollution) Order
1987 as modified
and extended to
Hong Kong by the
Merchant Shipping
(Prevention and
Control of
Pollution) (Hong
Kong) Order 1987
L.N. 120 of 1987 Merchant Shipping (BCH Code) Merchant Shipping 1987 SI
Regulations (Prevention and
Control of
Pollution) Order
1987 as modified
and extended to
Hong Kong by the
Merchant Shipping
(Prevention and
Control of
Pollution) (Hong
Kong) Order 1987
L.N. 121 of 1987 Merchant Shipping (IBC Code) Merchant Shipping 1987 T 1
Regulations (Prevention and
Control of
Pollution) Order
1987 as modified
and extended to





L.N. Number Title or Subject-matter Enabling law Current Page
edition
Hong Kong by the
Merchant Shipping
(Prevention and
Control of
Pollution) (Hong
Kong) Order 1987

L.N. 173 of 1987 Authorization by the Governor Hong Kong Letters 1987 AN 1
Patent 1917 to 1986
L.N. 371 of 1987 Fugitive Offenders (Designated Fugitive Offenders Act 1987 Z 1
Commonwealth Countries) 1967 as modified
Order and adapted by the
Fugitive Offenders
(Hong Kong) Order
1967
L.N. 256 of 1988 Proclamation No. 1 of 1988 Hong Kong (Coinage) 1988 AG 1
(Hong Kong Five Cent Piece) Orders 1936 to 1978
L.N. 31 of 1989 Merchant Shipping (Prevention Merchant Shipping 1989 X 1
of Oil Pollution) Regulations (Prevention of Oil
(Exemption) Notice 1989 Pollution)
Regulations
L.N. 39 of 1989 Determination of Licence Fees Dumping at Sea Act 1989 AZ 1
1974 (Overseas
Territories) Order
1975
L.N. 79 of 1989 Merchant Shipping (Limitation Merchant Shipping 1989 BB 1
of Shipowners' Liability) (Liability of
(Hong Kong Dollars Shipowners and
Equivalents) Order 1989 Others) Act 1958 as
extended to Hong
Kong by the
Shipowners'
Liability (Colonial
Territories) Orders
1963 and 1977
L.N. 107 of 1989 Multilateral Investment Multilateral 1989 BL 1
Guarantee Agency (Designated Investment
Persons) Order 1989 Guarantee Agency
(Overseas
Territories) Order
1988
L.N. 289 of 1989 Merchant Shipping Act 1979 Merchant Shipping 1989 BN 1
(Commencement) Order 1989 Act 1979
L.N. 331 of 1989 Merchant Shipping (Liability of Merchant Shipping 1989 BK 1
Shipowners and Others) (Rate Act 1979 as
of Interest) (Hong Kong) modified and
Order 1989 extended to Hong
Kong by the
Merchant Shipping
Act 1979 (Hong
Kong) Order 1980






ROYAL WARRANT EXTENDING THE GRANT OF THE
DECORATION FOR OFFICERS OF THE ROYAL NAVAL
VOLUNTEER RESERVE TO THE AUXILIARY NAVAL

FORCES OF HIS MAJESTY'S DOMINIONS
BEYOND THE SEAS.

[Published in the Gazette as G.N.A. 218/52]

Stamp.

WHEREAS His late Majesty King Edward the Seventh was
graciously pleased to institute a Decoration designated 'The Volunteer
Officers Decoration' for the purpose of rewarding the long and
meritorious service of commissioned Officers of Our Royal Naval
Volunteer Reserve:

AND WHEREAS it is Our Desire in a similar manner to recognize
the long and meritorious service of commissioned officers in the
Auxiliary Naval Forces of Our Dominions beyond the Seas.

IT IS HEREBY ORDAINED that the above-mentioned Decoration
may be issued to the Auxiliary Naval Forces of Our Dominions beyond
the Seas under such Regulations as may from time to time be
recommended by the Governor-General of the Dominion of Canada, the
Governor-General of the Commonwealth of Australia
or the Governors-General or Governors of other parts of Our Dominions
and approved by the Lords Commissioners of the Admiralty upon the
recommendation of Our Principal Secretary of State for the Colonies.

GIVEN at Our Court at Saint James. this tenth day of March. 1911.
in the First Year of Our Reign.

By His Majestys Command,

(Signed) L. HARCOURT.





REGULATIONS GOVERNING THE AWARD OF THE RESERVE
RESERVE DECORATION
TO OFFICERS OF THE HONG KONG ROYAL NAVAL
RESERVE AND HONG KONG WOMEN'S
NAVAL RESERVE.

[Published in the Gazette as G.N.A. 52/62.]

1. Officers must have fifteen years' qualifying service over the age
of eighteen which need not be continuous.

2. The following service counts as qualifying service-

(a)All officers' service in the Permanent R.N.R./R.N.V.R. or
(including time served as a Midshipman over the age of
eighteen), and all service as an officer in the R.M.F.V.R.. the
R.N.A.S.B.R.. the R.N.V.(W).R., the Territorial Army. the Royal
Auxiliary Air Force or R.A.F.V.R.. or in the W.R.N.V.R., the
W.R.N.R. and the H.K.W.N.V.R.1H.K.W.N.R. In the case of
officers of the Women's Reserves, only time served after 1st
November, 1958. can be counted towards qualifying service.
Service which has already been counted towards another long
service or efficiency decoration or medal may not be included.

(b) Mobilized service as a Temporary Officer.

(c)All officers' service, and half the time served as a rating or
other rank in the R.N. R.M. Army. R.A.F., W.R.N.S. or similar
oversea Commonwealth or Colonial Force on any engagement.
including Full Time National Service.

(d) Half the time served as a rating or other rank of the
Permanent R.N.V.R., the Permanent R.N.R., the
H.K.R.N.V., the H.K.R.N.R., the R.M.Y.V.R., the
.R.N.A.S.B.R., the R.N.V.(W).R., the Territorial Army,
the Royal Auxiliary Air Force or R.A.F.V.R.. the
W.R.N.V.R., the W.R.N.R., the H.K.W.N.V.R. and the
H.K.W.N.R. In the case of members of the Women's
Reserves, only time served after 1st November. 1958,
can be counted towards qualifying service.
Service
which has already been counted towards another long
service or efficiency decoration or medal may not be
included.

(e)All previous service qualifying for the Colonial Auxiliary
Forces Efficiency Decoration provided it has not already been
awarded.





3. Notwithstanding the above a minimum of seven years must have
been served in the R.N.R./R.N.V.R., H.K.R.N.R./ H.K.R.N.V.R.,
W.R.N.V.R.. W.R.N.R., H.K.W.N.V.R. 1 H.K.W.N.R., in any capacity
before being eligible for the award of the R.D. or V.R.D. respectively. In
any case of members of Women's Reserves, only time served after 1st
November, 1958, can be counted towards qualifying service.

4. Service in any of the above Forces which was solely for duty
with a Cadet Force will not be allowed to count towards these awards.

5. An officer who has previously been granted the R.N.R./ R.N.V.R.
L.S. and G.C. Medal may subsequently be awarded the R.D./V.R.D.
provided he completes both periods of qualifying service.

6. The letters 'R.D./V.R.D.' will be inserted in the Navy List
against the names of the officers to whom the Decoration is awarded.

7. Any officer on whom a decoration has been conferred may be
deprived of it, with His Excellency the Governor's approval, if convicted
of any act derogatory to his honour as an officer or a gentleman.

8. An officer will be eligible for the award of a Clasp to the
R.D.1V.R.D. after completing ten years' additional service on the Active
List. The rules governing the counting of service are the same as for the
award of the Decoration itself.

9. As a transitional measure all 'R.D.' or 'V.R.D.' qualifying
service will reckon for the award of either Decoration for seven and a
half years after introduction of the new style R.N.R. and, during this
period, awards will be inade as follows

(a)The R.D. to all officers except those mentioned in
subparagraph (b) below, provided that they have served at
least seven years in the R.N.R., or the R.N.R./R.N.V.R.
combined; or the W.R.N.V.R. and the W.R.N.R., (the latter
after 1st November, 1958).

(b)The V.R.D. to officers who have gained the greater part of
their qualifying service in the

At the end of this seven and a half years' period the R.D. will
wholly replace the V.R.D. so far as the H.K.R.N.R. and H.K.W.N.R.
officers are concemed-and the V.R.D. will no longer be issued to men or
women H.K.R.N. reservists.





10. Applications for the Decoration are to be made in writing by the
Commanding Officer of the H.K.R.N.R. to the Commodore-in-Charge,
Hong Kong, for the consideration of His Excellency the Governor of
Hong Kong, each case being supported by a statement of the
applicant's service on Form R.N.R. 11, and, when counting half time
served as a rating under paragraph 2(d) above, his Service Certificate.
The Decoration being granted as a reward for good conduct and long
service, Commanding Officers should in each case state in general terms
the reasons which, in their opinion, give the applicant a claim to receive
the Decoration.(a)





ROYAL WARRANT AUTHORIZING THE ISSUE OF MEDALS FOR
CONSPICUOUS GALLANTRY AND FOR LONG

SERVICE AND GOOD CONDUCT TO THE

PERMANENT AND AUXILIARY NAVAL OF I-US
MAJESTY'S DOMINIONS

BEYOND THE SEAS.

[Published in the Gazette as G.N.A. 219/52.]

Stamp.

WHEREAS it is our desire to grant Medals for conspicuous
gallantry and for long service and good conduct to members of the
permanent Naval Forces and of the Auxiliary Naval Forces of Our
Dominions beyond the Seas under Regulations similar, so far as
circumstances permit, to those existing for our Royal Navy and for the
Royal Naval Volunteer Reserve of Our Royal Navy, respectively.

IT IS HEREBY ORDAINED that such Medals may be issued to the
permanent and Auxiliary Naval Forces of Our Dominions beyond the
Seas under such Regulations as may from time to time be recommended
by the Governor-General of the Dominion of Canada, the Governor-
General of the Commonwealth of Australia or the Governors-General or
Governors of other parts of Our Dominions and approved by the Lords
Commissioners of the Admiralty upon the recommendation of Our
Principal Secretary of State for the Colonies.

GIVEN at Our Court at Saint James, this tenth day of March, 1911,
in the First Year of Our Reign.

By His Majesty's Command,

(Signed) L. HARCOURT.





REGULATIONS RESPECTING THE LONG SERVICE AND
GOOD
CONDUCT MEDAL FOR THE HONG KONG ROYAL NAVAL
RESERVE AND HONG KONG WOMEN'S NAVAL RESERVE.

[Published in the Gazette as G.N.A. 53/62.]

1. The Navy and Marine Reserves Long Service and Good Conduct
Medal will be granted to members of the R.F.R., R.N.R., H.K.R.N.R.,
R.M.F.V.R., W.R.N.R. and H.K.W.N.R. after fifteen years' qualifying
service as defined below, provided that during such service their
character has never been assessed below Very Good'. Those who serve
for a further period of ten years' service as defined below, provided that
during such service their character has never been assessed below Very
Good'. may be awarded a clasp to the medal. The clasp may also be
granted under the same conditions to officers who have received the
medal, provided they are not eligible for the award of the Volunteer
Reserve Decoration. The medal or clasp may be granted to those who
have quitted the Reserves if they are qualified.

Note: Should at any time a Reservist receive a character
assessment below Very Good' the calculation of qualifying service
must restart from the date of the lower assessment.

2. The following will be allowed to reckon as qualifying service,
which need not be continuous

Service on any type of engagement over the age of eighteen in
the Royal Navy, R.F.R., R.N.R., R.N.V.R.. H.K.R.N.R.,
H.K.R.N.V.R., R.N.V.(W).R., R.N.V.(P).R., R.M., R.M.F.V.R., the
W.R.N.V.R.. W.R.N.R. and H.K.W.N.R., H.K.W.N.V.R. (after
1st November, 1958), the Army, the Royal Air Force, or their
Active Reserves, or the Royal Auxiliary Air Force, or similar
oversea Commonwealth or Colonial Forces.

All the above service counts in full towards the award of the medal.
Service rendered solely for duty with one of the Cadet Forces will not
be permitted to count. Service which has already culminated in the
award of a long service or efficiency medal cannot count.

3. An officer who has previously been granted the Reserves Long
Service and Good Conduct Medal, and is subsequently awarded a
Reserve Decoration. may wear both Medal and Decoration.





4. Applications for the Medal are to be made in writing by the
Commanding Officer, H.K.R.N.R., to the Commodore-inCharge, Hong
Kong, accompanied by a copy of the Service Certificate and a
recommendation for the award which will then be forwarded to His
Excellency the Governor for his consideration.

5. When the conduct of a member after he or she has been awarded
the medal is considered to be such as to disqualify him or her from
wearing it, he or she may be deprived of it by His Excellency the
Governor. The deprivation is to be reported to the Admiralty.

Note: While a Reservist is mobilized the rules for the forfeiture or
deprivation of the Long Service and Good Conduct Medals, as laid
down in Queen's Regulations and Admiralty Instructions, Article 1969,
will apply.

6. A minimum period of three years' service with continuous 'Very
Good' character is required for the restoration of the Medal, and a medal
which has been forfeited or of which a Reservist has been deprived may
be restored on the Reservist's discharge from the Reserve at the
discretion of His Excellency the Governor, provided that the above
condition has been fulfilled. Should the Reservist complete five years'
service with continuous Very Good' character before he or she is
discharged, the Medal may be restored on completion of that period at
the discretion of His Excellency the Governor.

7. When it is desired to replace a medal which has been
accidentally lost by the holder, a declaration must be made before a
Magistrate or before a Commissioned Officer of the Royal Navy, R.N.R.
or H.K.R.N.R., stating the circumstances in which the loss occurred, and
the name, rank, and official number of the man to whom the medal
belonged. This declaration will be sent to His Excellency the Governor
through the Commanding Officer, H.K.R.N.R. in the case of a man who
is still serving, and direct in the case of one who has retired. The medal
will be replaced, on payment, if the explanation of its loss is considered
satisfactory, or at public expense when it is shown that the loss has
been incurred as a result of enemy action or is due entirely to
unavoidable circumstances arising out of the exigencies of the service.

8. Rosettes, which are issued at the same time as the Clasp, are to
be worn on the ribbon of the Reserves Long Service and Good Conduct
Medal when the ribbon is worn without the medal.





HONG KONG LETTERS PATENT 1917 to 1988 -


ARRANGEMENT OF ARTICLES
Article
I. Office of Governor constituted .......C 2
II. Governor's powers and authorities ....C 2

III.........................Publication of Governor's Commission .. C 3

0aths to be taken by Governor ........C 3
IV. Public Seal ..........................C 3
V. Executive Council ....................C 3
VI. Legislative Council ..................C 3
VII. Governor, with advice and consent of Council to make Laws C 4
VIII.......................................Disallowance of Laws C 4
IX. Power of legislation reserved to the Crown C 4
X. Assent to Bills ......................C 4
Xl. Reserved Bills .......................C 4
XII. Governor and Legislative Council to observe Instructions C 5
XIII.......................................Disposal of lands C 5
XIV. Governor empowered to appoint Judges and other public officers C 5
XIVA.......................................Concurrent appointments C 5
XV. Grant of pardon ......................C 5
Remission of fines ...................C 6

Proviso ..............................--
..........................C 6

Banishment prohibited ................C 6
Exception ............................C 6
Political offences ...................C 6
XVI. Dismissal and suspension of officers .C 6
XVIA.......................................Tenure of office of Supreme Court or district judge C 6
XVII.......................................Acting Governor C 8

XVIIA. Deputy to..........................Governor .............................................................................
.. C8



XVIII.......................................Officers and others to obey and assist Governor C 9
XIX. Term 'the Governor' explained .........C 9

XX. Power reserved to His Majesty to revoke, alter, or amend present Letters

Patent ................................C 9
XXI........................................Publication of Letters Patent C 9





HONG KONG LETTERS PATENT 1917 TO 1988

PASSED UNDER THE GREAT SEAL OF THE UNITED KINGDOM,
CONSTITUTING THE OFFICE OF GOVERNOR AND
COMMANDER-IN-CHIEF OF THE COLONY OF HONG KONG
AND ITS DEPENDENCIES.

DATED 14TH FEBRUARY, 1917 (S.R. & O. 1917, c. 1317) (PROC. No.
3 OF 1917).

[Amended 30th April 1938 (S.R. & O. 1938 II, p. 3449)
(Proc. No. 4 of 1938).

Amended 29th June 1939 (S.R. & O. 1939 II, p. 3573)
(Proc. No. 9 of 1939).

Amended 16th March 1950 (S.I. 1950 II, p. 1545)
(G.N.A. 111/50).

Amended 1st March 1955 (S.I. 1955 II, p. 3185)
(G.N.A. 19/55).

Amended 26th August 1960 (S.I. 1960 III, p. 4169)
(G.N.A. 92/60).

Amended 17th November 1967 (L.N. 173/67).

Amended 5th February 1971 (L.N. 5/71).

Amended 3rd May 1976 (L.N. 114/76).

Amended 17th February 1977 (L.N. 42/77).

Amended 30th April 1982 (L.N. 152/82).

Amended 4th April 1985 (L.N. 85/85).

Amended 22nd August 1986 (L.N. 202/86).

Amended 9th April 1988 (L.N. 110/88).

1. There shall be a Governor and Commander-in-Chief in and over Our
Colony of Hong Kong and its Dependencies (hereinafter called the Colony), and
appointments to the said Office shall be made by Commission under Our Sign
Manual and Signet.

11. We do hereby authorize, empower, and command Our said Governor
and Commander-in-Chief (hereinafter called the Governor) to do and execute all
things that belong to his said office, according to the tenour of these Our Letters
Patent and of any Commission issued to him under Our Sign Manual and
Signet, and according to such Instructions as may from time to time be given to
him, under Our Sign Manual and Signet, or by Order in Our Privy Council, or
by Us through one of Our Principal Secretaries of State, and to such laws as are
now or shall hereafter be in force in the Colony.





III. Every person appointed to fill the office of Governor shall,
with all due solemnity, before entering upon any of the duties of his
office, cause the Commission appointing him to be Governor to be read
and published in the presence of the Chief Justice or other Judge of the
Supreme Court, and of such Members of the Executive Council of the
Colony as can conveniently attend; which being done he shall then and
there take before them the Oath of Allegiance, in the form provided by
an Act passed in the Session holden in the Thirty-first and Thirty-
second years of the reign of Her Majesty Queen Victoria, intituled 'An
Act to amend the Law relating to Promissory 0aths'; and likewise the
usual Oath for the due execution of the office of Governor and for the
due and impartial administration of justice; which 0aths the said C '
Chief Justice or Judge, or if they be unavoidably absent, the senior
Member of the Executive Council then present, is hereby required to
administer.

IV. The Governor shall keep and use the Public Seal of the Colony
for sealing all things whatsoever that shall pass the said Public Seal.

V. There shall be an Executive Council in and for the Colony, and
the said Council shall consist of such persons as We shall direct by
Instructions under Our Sign Manual and Signet, and all such persons
shall hold their places in the said Council during Our pleasure. The
Governor may upon sufficient cause to him appearing suspend from the
exercise of his functions in the Council any Member thereof pending
the signification of Our pleasure, giving immediate notice to Us through
one of Our Principal Secretaries of State. If the suspension is confirmed
by Us through one of Our Principal Secretaries of State the Governor
shall forthwith by an instrument under the Public Seal of the Colony
revoke the appointment of such Member, and thereupon his seat in the
Council shall become vacant.

VI. (1) There shall be a Legislative Council in and for the Colony,
and the said Council shall consist of

(a) the Governor;

(b)three ex officio members, being the persons for the time being
lawfully discharging the functions of Chief Secretary, Attorney
General and Financial Secretary of the Colony;

(c) not more than seven persons holding office under the
Crown in e Colony as the Governor may, from time to
time, appoint (who, together with the ex officio members,
shall be styled 'Official Members');
(d)not more than twenty persons as the Governor may, from time to
time, appoint (who shall be styled 'Appointed Members');
and

(e) twenty six elected members (who shall be styled 'Elected
Members') being persons who are qualified and elected as





elected members in accordance with a law in that behalf in
force in the Colony.

(2) Appointments to the Legislative Council shall be made by the
Governor, in pursuance of any Instructions under Our Sign Manual and
Signet or through one of Our Principal Secretaries of State, by an
instrument under the Public Seal of the Colony. Official Members and
Appointed Members shall hold their places in the said Council during
Our pleasure and, subject thereto, in accordance with any Instructions
under Our Sign Manual and Signet.

(3) Subject to any Instructions under our Sign Manual and Signet,
Elected Members shall hold their places in the Legislative Council, and
vacate their seats, in accordance with a law in that behalf in force in the
Colony.

VII. (1) The Governor, by and with the advice and consent of the
Legislative Council, may make laws for the peace, order, and good
government of the Colony.

(2) Without prejudice to the generality of paragraph (1), a law of
the Colony may provide for the election of Elected Members of the
Legislative Council and, in particular, may determine the constituencies
and the number of members of the said Council to be elected by each
constituency, the qualifications and disqualifications of electors,
candidates and Elected Members, and the tenure of office of Elected
Members.

VIII. We do hereby reserve to Ourselves, Our heirs and
successors, full power and authority to disallow, through one of Our
Principal Secretaries of State, any such law as aforesaid. Every such
disallowance shall take effect from the time when the same shall be
promulgated by the Governor in the Colony.

IX. We do also reserve to Ourselves, Our heirs and successors,
Our and their undoubted right, with the advice of Our or their Privy
Council, to make all such laws as may appear necessary for the peace,
order, and good government of the Colony.

X. When a Bill passed by the Legislative Council is presented to
the Governor for his assent he shall, according to his discretion, but
subject to any Instructions addressed to him under Our Sign Manual
and Signet or through one of Our Principal Secretaries of State, declare
that he assents thereto, or refuses his assent to the same, or that he
reserves the same for the signification of Our pleasure.

Xl. A Bill reserved for the signification of Our pleasure shall take
effect so soon as We shall have given Our assent to the same by Order
in Council, or through one of Our Principal Secretaries of State, and the
Governor shall have signified such assent by message to the
Legislative Council or by proclamation: Provided that no such message
shall be issued after two years from the day on which the Bill was
presented to the Governor for his assent.





XII. In the making of any laws the Governor and the Legislative
Council shall conform to and observe all rules, regulations, and
directions in that behalf contained in any Instructions under Our Sign
Manual and Signet.

XIII. (1) The Governor, on Our behalf, may make and execute
grants and dispositions of any lands within the Colony that may be
lawfully granted or disposed of by Us.

(2) The powers conferred on the Governor by this Article may be
exercised on behalf of the Governor by any person authorized, whether
by name or by reference to an office, to exercise those powers by the
Governor and such authorization shall be notified in the Hong Kong
Government Gazette.

(3) Any such authority shall be subject to such conditions and
restrictions (if any) as the Governor may specify, and may be varied or
revoked by the Governor, and such conditions, restrictions, variation or
revocation shall be notified in the Hong Kong Government Gazette.

(4) Grants and dispositions of land made under this Article shall be
made in conformity with the provisions of such Instructions as may
from time to time be given to the Governor under Our Royal Sign
Manual and Signet or through a Secretary of State and such laws as
may for the time being be in force in the Colony.

XIV. The Governor may constitute and appoint such Judges,
Justices of the Peace and other public officers as may be lawfully
appointed, all of whom shall, unless otherwise provided by law, hold
their offices during Our pleasure.

XIVA. (1) When the holder of the Office of Governor or of any
office constituted under Article XIV of these Letters Patent is on leave
of absence pending relinquishment of his office, it shall be lawful for
another person to be appointed substantively to the same office.

(2) When two or more persons are holding the same office by
reason of an appointment made pursuant to paragraph (1) of this
Article, then for the purposes of Articles XVII and XVIIA of these
Letters Patent and for the purpose of any function conferred upon the
holder of that office, the person last appointed to the office shall be
deemed to be the holder of the office.

XV. When any crime or ofTence has been commited within the
Colony, or for which the offender may be tried therein, the Governor
may, as he shall see occasion, in Our name and on Our behalf, grant a
pardon to any accomplice in such crime or offence who shall give such
information as shall lead to the conviction of the principal offender, or
of any one of such offenders, if more than one; and further, may grant
to any offender convicted of any crime or offence by any court of law in
the Colony (other than a court martial





established under any Act of Parliament), either free or subject to such
conditions as the Governor may think fit to impose, a pardon or any
remission of the sentence passed on such offender, or any respite of
the execution of such sentence for such period as the Governor thinks
fit, and may remit any fines, penalties, or forfeitures due or accrued to
Us. Provided always that the Governor shall in no case, except where
the offence has been of a political nature unaccompanied by any other
grave crime, make it a condition of any pardon or remission of sentence
that the offender shall be banished from or shall absent himself or be
removed from the Colony.

XVI. Subject to the provisions of Article XVIA, the Governor may,
subject to such instructions as may from time to time be given to him by
Us through one of Our Principal Secretaries of State, upon sufficient
cause to him appearing, dismiss or suspend from the exercise of his
office any person holding any public office within the Colony, or,
subject as aforesaid, may take such other disciplinary action as may
seem to him desirable.

XVIA. (1) Subject to the provisions of this Article, ajudge of the
Supreme Court or a Judge of the District Court shall vacate his office
when he attains the retiring age:

Provided that, notwithstanding that he has attained the retiring
age, a person holding such an office may continue in office for so long
after attaining that age as may be necessary to enable him to deliver
judgment or to do any other thing in relation to proceedings that were
commenced before him before he attained that age.

(2)(a) For the purposes of the preceding paragraph 'retiring age'
means

(i) in relation to the Chief Justice and any other judge of
the Supreme Court, the age of sixty-five years; and

(ii) in relation to ajudge of the District Court who was
appointed to be such judge before 1st January 1987, the age
of sixty years; and

(iii) in relation to a judge of the District Court who was
appointed to be such judge on or after 1st January 1987, the
age of sixty-five years.

(b) Notwithstanding the preceding subparagraph-

(i) a person may be appointed to be a judge of the Supreme
Court (whatever his age and whether or not he has previously
held office as such) for a specified period or periods not
exceeding five years in the aggregate;

(ii) the term of office of a judge of the Supreme Court (other
than a person appointed to be a judge of the Supreme Court
under this sub-paragraph) or a judge of the District Court
referred to in sub-paragraph (a)(ii)

*Note: For the avoidance of doubt, see p. BE (L.N. 152/82) in this Appendix.





may be extended for a specified period or periods not
exceeding five years in the aggregate,

and in any such case the judge shall accordingly be regarded for the
purposes of the preceding paragraph as having attained the retiring
age at the expiration of the specified period or periods.

(3) A judge of the Supreme Court or the District Court may at
any time resign his office by writing under his hand addressed to the
Governor.

(4) A judge of the Supreme Court or the District Court maybe
removed from office only for inability to discharge the functions of
his office (whether arising from infirmity of body or mind or from
any other cause) or for misbehaviour, and shall not be so removed
except in accordance with the provisions of paragraph (5) of this
Article.

(5) A judge of the Supreme Court or the District Court shall
be removed from office by the Governor by instrument under the
Public Seal if the question of his removal from office has, at the
request of the Governor made in pursuance of paragraph (6) of this
Article, been referred by Us to the Judicial Committee of the Privy
Council under section 4 of the Judicial Committee Act 1833 or
any other enactment enabling Us in that behalf, and the Judicial
Committee has advised Us that the judge ought to be removed from
office for inability as aforesaid or for misbehaviour.

(6) If the Governor considers that the question of removing a
judge of the Supreme Court or the District Court from office for
inability as aforesaid or for misbehaviour ought to be investigated,
then-

(a)the Governor shall, by instrument under the Public Seal
(which he may vary or revoke by another such instrument),
appoint a tribunal, which shall consist of a Chairman and
not less than two other members selected by the Governor
from among judges who hold or have held office as judge
of a court having unlimited jurisdiction in any part of the
Commonwealth or a court having jurisdiction in appeals
from any such court;

(b)the tribunal shall enquire into the matter and report on
the facts thereof to the Governor and recommend to the
Governor whether he should request that the question of
the removal of the judge should be referred by Us to the
Judicial Committee; and

(c)if the tribunal so recommends, the Governor shall request
that the question should be referred accordingly.

(7) If the question of removing a judge of the Supreme Court
or the District Court from office has been referred to a tribunal
appointed under paragraph (6) of this Article, the Governor may
suspend the judge from performing the functions of his office.





(8) Any such suspension may at any time be revoked by the
Governor and shall in any case cease to have effect-

(a)if the tribunal recommends to the Governor that he should
not request that the question of the removal from office of
the judge should be referred by Us to the Judicial Commit-
tee; or

(b)if the Judicial Committee advises Us that the judge ought
not to be removed from office.

XVII. (1) During any period when the office of Governor is
vacant or the holder thereof is absent from the Colony or is for any
other reason unable to perform the functions of his office, those
functions shall, during Our pleasure, be assumed and performed
by-

(a)such person as may be designated under Our Sign Manual
and Signet or by instructions given by Us through one of
Our Principal Secretaries of State; or

(b)if there is no person in the Colony so designated and
able to perform those functions, the person lawfully dis-
charging the functions of Chief Secretary.

(2) Before assuming the functions of the office of Governor for
the first time, any person as aforesaid shall make the oaths directed
by Article III of these Our Letters to be made by the holder thereof.

(3) Any such person as aforesaid shall not continue to perform
the functions of the office of Governor after the holder thereof, or
some other person having a prior right to perform those functions,
has notified him that he is about to resume, or assume, those
functions.

(4) The holder of the office of Governor or any other person as
aforesaid shall not, for the purposes of this Article, be regarded as
absent from the Colony or as unable to perform the functions of
that office at any time when there is a subsisting appointment of a
Deputy under Article XVIIA of these Our Letters.

XVIIA. (1) Whenever the Governor-

(a)has occasion to be absent from the Colony for a period
which he has reason to believe will be of short duration; or

(b)is suffering from any illness which he has reason to believe
will be of short duration; or

(c) considers for any reason that the public interest so requires,

he may by instrument under the Public Seal appoint a person to be
his Deputy and in that capacity to perform on his behalf such of the
functions of the office of Governor as may be specified in such
instrument.





(2) The powers and authority of the Governor shall not be
abridged, altered or in any way affected by the appointment of a
Deputy under this Article and a Deputy shall comply with all
instructions which the Governor may address to him, but the
question whether a Deputy has in any matter complied with such
instructions shall not be enquired into by any court.

(3) Any appointment under this Article may be revoked at any
time by Us by instructions given by Us through one of Our Principal
Secretaries of State or by the Governor by instrument under the
Public Seal, and subject thereto a person appointed under this
Article shall hold that appointment for such period as may be
specified in the instrument by which he is appointed.

XVIII. And We do hereby require and command all Our
officers and ministers, civil and military, and all other the inhabit-
ants of the Colony, to be obedient, aiding and assisting unto the
Governor and to any person for the time being administering the
Government of the Colony.

XIX. In these Our Letters Patent the term 'the Governor'
shall include every person for the time being administering the
Government of the Colony.

XX. And We do hereby reserve to Ourselves, Our heirs and
successors, full power and authority, from time to time, to revoke,
alter, or amend these Our Letters Patent as to Us or them shall seem
meet.

XXI. And We do further direct and enjoin that these Our
Letters Patent shall be read and proclaimed at such place or
places within the Colony as the Governor shall think fit, and
shall come into operation on a day to be fixed by the Governor
by Proclamation.

effected by Proclamation No. 3 of 1917 in the Hong Kong Government
Gazette of 20 April 1917.





HONG KONG ROYAL INSTRUCTIONS 1917 TO 1988

ARRANGEMENT OF CLAUSES

Clause

I. Administration of Oaths .......D3
II. Constitution of Executive Council ....D3

Vacation of seats ......D3
III. Provisional appointment of Members of the Executive Council......D4
IV. Such provisional appointments to be immediately reported ......D 4
V. [Revoked] ..............................D 4
VI. Governor to communicate Instructions to Executive Council D 4

VII. Summoning of Executive Council .......D 4
VIII...........Presiding in Executive Council D 4
IX. Proceedings in Executive Council .....D 5
X. Governor to consult Executive Council D 5
XI. Governor alone entitled to submit questions D 6
XII. Governor may act in opposition to Executive Council D 6
Reporting grounds for so doing .......D 6
Members may require their adverse opinions to be recorded on Minutes D 6
XIIA..........Election to Legislative Council D 6

XIII. Legislative Council; Suspension of Official or Appointed Members D 6
XIV. Provisional appointment of members ..D 6
Where there has been a vacancy ...........D 7
XV. [Revoked] ............................D 7

XVI. Tenure of office of Official and Appointed Members of Legislative Council D 7

XVII.......................................Declaration of vacancy among Appointed Members D 7
XVIII......................................Resignation of Official or Appointed Members D 8
XIX. Council may transact business notwithstanding vacancies D 8
Quorum ...............................D 8
XX. [Revoked] ............................D 8
XXI. Presiding in Legislative Council .....D 8
XXIA.......................................Sessions and sittings of Legislative Council D 9
XXII.......................................Questions to be decided by a majority D 9
Governor to have original and casting vote D 9
XXIII......................................Rules and Orders to be made D 9
XXIV.......................................Questions, etc. for debate D 9

XXV. Rules and regulations under which Ordinances are to be enacted D 9
1 . Form of enacting Ordinances ..........D 9
2. Ordinances to be numbered and methodically arranged D 9
3. Different subjects not to be mixed in same Ordinance D10
No clause to be introduced foreign to what title of Ordinance imports DIO
Temporary Ordinances .................D10
XXVI. Description of Bills not to be assented to D10
Proviso in cases of emergency for immediate operation of an Ordinance D 11
XXVII.......................................Private Bills D 11
XXVIll......................................Ordinances, etc. to be sent home duly authenticated D 11





Clause ......................................Page
XXVIIIA......................................Dissolution of Council D11
XXIX. [Revoked] ............................D 12
XXX. [Revoked] ............................D 12
XXXI. Surveys and reservations to be made before waste lands are disposed of D 12
Governor not to purchase lands .......D 12
XXXII. [Revoked] ............................D 12

XXXIII. [Revoked] .........................D 12

XXXIV.......................................Regulation of power of pardon in capital cases D 12
Judge's report to be laid before Executive Council D 12
Governor to take advice of Executive Council in such cases D 12
May exercise his own judgment; entering his reasons on Council Minutes, if
unable to accept the advice of the majority D 12
XXXV. [Revoked] ............................D 12

XXXVI............................Governor's absence ...............................
D 12

XXXVII......................................Term 'the Governor' explained D 12





HONG KONG ROYAL INSTRUCTIONS 1917 TO 1988

PASSED UNDER THE ROYAL SIGN MANUAL AND SIGNET TO THE
GOVERNOR AND COMMANDER-IN-CHIEF OF THE COLONY
OF HONG KONG AND ITS DEPENDENCES.

DATED 14 FEBRUARY 1917 (PROC. No. 3 OF 1917)

[Amended 15 November 1928 (G.N. 20/29)
Amended 30 April 1938 (G.N. 519/38)

Amended 1 March 1955 (S.I. 1955 II, p. 3190) (G.N.A. 20/55) Amended
1 July 1964 (S.I. 1964 II, p. 3119) (L.N. 83/64)

Amended 6 January 1966 (L.N. 3/66)

Amended 17 November 1967 (L.N. 174/67)
Amended 28 February 1969 (L.N. 21/69)

Amended 5 February 1971 (L.N. 6/71)
Amended 14 July 1972 (L.N. 139/72)

Amended 24 September 1976 (L.N. 245/76)
Amended 26 August 1977 (L.N. 211/77) Amended
3 October 1980 (L.N. 275/80) Amended 1
September 1983 (L.N. 318/83) Amended 1
September 1984 (L.N. 291/84) Amended 4 April
1985 (L.N. 86185)

Amended 22 August 1986 (L.N. 203/86)

Amended 28 November 1986 (L.N. 283/86)
Amended 9 April 1988 (L.N. 111/88)

1. The Governor may, whenever he thinks fit, require any person in
the public service of the Colony to take the Oath of Allegiance, in the
form prescribed by the Act mentioned in Our said recited Letters Patent,
together with such other Oath or 0aths as may from time to time be
prescribed by any laws in force in the Colony. The Governor is to
administer such 0aths, or to cause them to be administered by some
public officer of the Colony.

11. The Executive Council of the Colony shall consist of the Officer
for the time being in command of Our regular forces within the Colony
(hereinafter called the Commander British Forces), the persons for the
time being lawfully discharging the functions of Chief Secretary, of
Attorney-General, and of Financial Secretary of the Colony, who are
hereinafter referred to as ex officio Members, and of such other persons
as We may from time to time appoint by any Instructions or Warrant
under Our Sign Manual and Signet, or as the Governor in pursuance of
Instructions from Us through one of Our Principal Secretaries of State
may from time to time appoint by an Instrument under the Public Seal of
the Colony. Persons so appointed are hereinafter referred to as Official
Members or Appointed Members according as they hold, or do not
hold, office under the Crown in the Colony at the time of appointment.

Every Appointed Member shall vacate his seat at the end of five
years from the date of the Instrument by which he is appointed or of
such other period as may be specified in that Instrument, but shall be
eligible to be re-appointed in the manner aforesaid. for a further period
or periods, each period not exceeding five years:





Provided that if any such Member is provisionally appointed to
fill a vacant scat in the Council and his provisional appointment is
immediately followed by his definitive appointment, the said period
of five years shall be reckoned from the date of the Instrument
provisionally appointing him.
If any Official Member cease to hold office under the Crown in
the Colony his seat in the Council shall thereupon become vacant.

III. Whenever any Member, other than an ex officio Member,
of the Executive Council of the Colony shall, by writing under his
hand, resign his seat in the Council, or shall die, or be declared by
the Governor by an Instrument under the Public Seal of the Colony
to be incapable of exercising his functions as a Member of the
Council, or be absent from the Colony, or shall be acting in an office
the holder of which is an ex officio Member of the Council, or shall
be suspended from the exercise of his functions as a Member of the
Council, or whenever the scat of any such Member shall otherwise
become vacant, the Governor may, by an Instrument under the
Public Seal of the Colony, provisionally appoint any public officer to
be temporarily an Official Member of the Council, and any person
not a public officer to be temporarily an Appointed Member of the
Council in the place of the Member so resigning, or dying, or being
suspended, or declared incapable, or being absent, or sitting as an ex
officio Member.
Such person shall forthwith cease to be a Member of the
Council if his appointment is disallowed by Us, or if the Member in
whose place he was appointed shall be released from suspension, or,
as the case may be, shall be declared by the Governor by an
Instrument under the Public Seal capable of again discharging his
functions in the Council, or shall return to the Colony, or shall cease
to sit in the Council as an ex officio Member.

IV. The Governor shall, without delay, report to Us, for
Our confirmation or disallowance, through one of Our Principal
Secretaries of State, every provisional appointment of any person as a
Member of the said Executive Council. Every such person shall hold
his place in the Council during Our pleasure, and the Governor may
by an Instrument under the Public Seal revoke any such appointment.

V. [Revoked 1.3.55.]

VI. The Governor shall forthwith communicate these Our
Instructions to the Executive Council, and likewise all such others,
from time to time, as We may direct, or as he shall find convenient
for Our service to impart to them.

VII. The Executive Council shall not be summoned except by
the authority of the Governor.

VIII. (1) The Governor shall, so far as is practicable, preside
at meetings of the Executive Council.





(2) In the absence of the Governor there shall preside at any
meeting of the Council

(a)such Member of the Council as the Governor may appoint; or

(b)in the absence of a Member so appointed, the senior ex
officio Member present; or

(e)in the absence of a Member so appointed or of an ex officio
Member, the senior Official Member present.

(3) For the purposes of sub-paragraphs (b) and (c) of paragraph (2)
of this clause

(a)the Commander British Forces shall not be regarded as an ex
officio Member of the Council;

(b)the remaining ex officio Members of the Council shall have
seniority in the order in which their offices are mentioned in
clause II of these Instructions; and

(c)the Official Members of the Council shall have seniority
according to the priority of their respective appointments to
the Council:

Provided that Members appointed by the same
Instrument shall have seniority among themselves according
to the order in which they are named therein.

IX. (1) No business except that of adjournment shall be transacted
in the Executive Council if objection is taken by any Member present
that there are less than four Members present besides the Governor or
the Member presiding.

(2) Subject to the provisions of paragraph (1) of this clause, the
Executive Council shall not be disqualified for the transaction of
business by reason of any vacancy in the membership of the Council,
and any proceedings in the Council shall be valid notwithstanding that
some person who was not entitled to do so took part in those
proceedings.

(3) The Governor or the Member presiding, when in his opinion the
business before the Executive Council makes it desirable, may summon
any person to a meeting of the Council, notwithstanding that that
person is not a Member of the Council.

X. In the execution of the powers and authorities granted to the
Governor by Our said recited Letters Patent, he shall in all cases consult
with the Executive Council, excepting only in cases relating to the
appointment, disciplinary control or removal from office of a public
officer or in cases which may be of such a nature that, in his judgment,
Our service would sustain material prejudice by consulting the Council
thereupon, or when the matters to be decided shall be too unimportant
to require their advice, or too urgent to admit of their advice being
given by the time within which it may be necessary for him to act in
respect of any such matters. In all such urgent cases he shall, at the
earliest practicable period, communicate to the Executive Council the
measures which he may so have adopted, with the reasons therefor.





Xl. The Governor shall alone be entitled to submit questions to the
Executive Council for their advice or decision; but if the Governor
decline to submit any question to the Council when requested in
writing by any Member so to do, it shall be competent to such Member
to require that there be recorded upon the Minutes his written
application, together with the answer returned by the Governor to the
same.

XII. The Governor may, in the exercise of the powers and
authorities granted to him by Our said recited Letters Patent, act in
opposition to the advice given to him by the Members of the Executive
Council, if he shall in any case deem it right to do so; but in any such
case he shall fully report the matter to Us by the first convenient
opportunity, with the grounds and reasons of his action. In every such
case it shall be competent to any Member of the said Council to require
that there be recorded at length on the Minutes the grounds of any
advice or opinion he may give upon the question.

XIIA. (1) An election for all Elected Members of the Legislative
Council in accordance with a law in force in the Colony shall be held

(a) in 1985; and

(b)within three months after any subsequent dissolution of the
Council.

(2) Elections for casual vacancies among the Elected Members
shall be held in accordance with a law in that behalf in force in the
Colony.

XIII. The Governor may upon sufficient cause to him appearing
suspend from the exercise of his functions in the Legislative Council
any Official or Appointed Member thereof pending the signification of
Our pleasure, giving immediate notice to Us through one of Our
Principal Secretaries of State. If the suspension is confirmed by Us
through one of Our Principal Secretaries of State, the Governor shall
forthwith by an instrument under the Public Seal of the Colony revoke
the appointment of such Official or Appointed Member and thereupon
his seat in the Legislative Council shall become vacant.

XIV, Whenever any Member of the Legislative Council, other than
an ex officio Member or an Elected Member, shall, in the manner
hereinafter provided, have resigned his seat in the Council or shall die,
or whenever the seat of any such Member shall otherwise become
vacant, or whenever any such Member shall be suspended from the
exercise of his functions as a Member of the Council, or be declared by
the Governor by an Instrument under the Public Seal to be incapable of
exercising his functions as a Member of the Council, or be absent from
the Colony, or shall be acting in an office the holder of which is an ex
officio Member of the Council, the Governor may, by an Instrument
under the Public Seal, appoint some person to be provisionally a
Member of the Council in the place of such Member.





Such person shall hold his place in the Council during Our
pleasure and shall forthwith cease to be a Member of the Council if his
appointment is disallowed by Us, or revoked by the Governor or
superseded by the definitive appointment of a Member of the Council,
or if the Member in whose place he was appointed shall be released
from suspension, or, as the case may be, shall be declared by the
Governor capable of again exercising his functions in the Council, or
shall return to the Colony, or shall cease to sit in the Council as an ex
officio Member.

When any person shall be lawfully discharging the functions of
more than one of the offices the holders of which are ex officio
Members of the said Council, the Governor may, by an Instrument
under the Public Seal, appoint any fit person to be provisionally a
Member of the Council so long as the said offices shall continue to be
so discharged by one person but any such appointment may be
disallowed or revoked as aforesaid.

The Governor shall, without delay, report to Us, through one of
Our Principal Secretariat of State, every provisional appointment of any
person as a Member of the Legislative Council.

XV. [Revoked 15.11.28.]

XVI. (1) If any Official Member of the Legislative Council ceases to
hold office under the Crown in the Colony his seat in the Council shall
thereupon become vacant.

(2) Every Appointed Member of the Legislative Council shall
vacate his seat at the end of

(a)such period as may be specified in the Instrument by which
he is appointed; or

(b)the day immediately before the commencement of the session
of the Council commencing next after the holding of an
election for all the Elected Members of the Council,

whichever first occurs.

(3) An Appointed Member who vacates his seat under paragraph
(2) of this clause shall, if appropriately qualified, be eligible to be
reappointed.

XVII. Without prejudice to clause XIII, if the office of any
Appointed Member of the Legislative Council would become vacant
(directly or by reason of a disqualification for holding office) under a
law in force in the Colony were he an Elected Member of the Council on
any of the following grounds

(a)that he holds any office specified in such law or has been
dismissed therefrom;

(b) that he has been convicted of any offence so specified;

(c)that he has been sentenced to any punishment so specified,
whether in the Colony or elsewhere;





(d)on the ground of his bankruptcy or other ground relating to
indebtedness so specified;

(e)on the ground of his non-attendance at sittings of the
Council;

that he has been elected as an Elected Member of the
Council,

the Governor shall declare in writing that the seat of such Appointed
Member is vacant and, immediately on the publication of such
declaration in the Hong Kong Government Gazette, he shall cease to be
a Member of the Council.

XVIII. Any Official or Appointed Member of the Legislative
Council, other than an ex officio Member, may resign his seat in the
Council by writing under his hand, but no such resignation shall take
effect until it be accepted by the Governor in writing, or by Us through
one of Our Principal Secretaries of State.

XIX. The Legislative Council shall not be disqualified from the
transaction of business on account of any vacancies among the
Members thereof, but the said Council shall not be competent to act in
any case unless (including the Governor or the Member presiding)
there be present at and throughout the meetings of the Council twenty
Members at the least.

XX. [Revoked 1.3.55.]

XXI. (1) The Governor shall, so far as is practicable, preside at
meetings of the Legislative Council.

(2) In the absence of the Governor from a meeting of the
Legislative Council there shall preside at that meeting

(a)such Member of the Council as the Governor may appoint; or

(b)in the absence of a Member so appointed, the senior Official
Member present.

(3) For the purposes of sub-paragraph (b) of paragraph (2) of this
clause the Official Members of the Council shall have seniority as
follows

(i) first, the persons discharging the functions of the offices
specified in Article VI(1)(b) of Our Letters Patent as set out in
the Hong Kong Letters Patent, in the order in which those
offices are mentioned therein;

(ii) second, the other Members according to the priority of their
respective appointments to the Council:

Provided that Members appointed by the same Instrument shall
have seniority among themselves according to the order in which they
are named therein.





XXIA. (1) The sessions of the Legislative Council shall commence
on such date and end on such date as the Governor shall from time to
time appoint by notice published in the Hong Kong Government
Gazette, but the period between the last sitting of one session of the
Legislative Council and the first sitting of the next session shall not
exceed three months.

(2) The Governor, by notice published in the Hong Kong
Government Gazette, may summon special sittings of the Legislative
Council to be held in any period between the end of one session of the
Council and the beginning of the next session.

(3) The consideration of any Bill or other business of the
Legislative Council shall not be affected by the termination of a session
and may be resumed at any subsequent sitting, but shall lapse on a
dissolution of the Legislative Council.

XXII. All questions proposed for debate in the Legislative Council
shall be decided by the majority of votes, and the Governor or the
Member presiding shall have an original vote in common with the other
Members of the Council, and also a casting vote, if upon any question
the votes shall be equal.

XXIII. The Legislative Council may from time to time make
standing rules and orders for the regulation of their own proceedings,
provided such rules and orders be not repugnant to Our said recited
Letters Patent, or to these Our Instructions, or to any other Instructions
from Us under Our Sign Manual and Signet.

XXIV. It shall be competent for any Member of the Legislative
Council to propose any question for debate therein; and such question
shall be debated and disposed of according to the standing rules and
orders:

Provided always that every ordinance, vote, resolution, or
question, the object or effect of which may be to dispose of or charge
any part of Our revenue arising within the Colony, shall be proposed by
the Governor, unless the proposal of the same shall have been
expressly allowed or directed by him.

XXV. In the passing of Ordinances the Governor and the Council
shall observe, as far as practicable, the following Rules

1. Laws may be enacted in English or Chinese. All laws shall be
styled 'Ordinances' and the enacting words shall be 'enacted by the
Governor of Hong Kong, with the advice and consent of the Legislative
Council thereof ', or the corresponding style and words in Chinese.

2. All Ordinances shall be distinguished by titles, and shall be
divided into successive clauses or paragraphs numbered consecutively.
The Ordinances of each year shall be distinguished by consecutive
numbers, commencing in each year with the number one.





Except in the case of Bills reserved for the signification of Our
pleasure, all Ordinances passed by the Legislative Council in any one
year shall, if assented to by the Governor, be assented to by him in that
year, and shall be dated as of the day on which the assent of the
Governor is given, and shall be numbered as of the year in which they
are passed. Bills not so assented to by the Governor, but reserved by
him for the signification of Our pleasure, shall be dated as of the day
and numbered as of the year on and in which they are brought into
operation.

3. Each different matter shall be provided for by a different
Ordinance, without intermixing in one and the same Ordinance such
things as have no proper relation to each other; and no clause is to be
inserted in or annexed to any Ordinance which shall be foreign to what
the title of such Ordinance imports, and no perpetual clause shall be
part of any temporary Ordinance.

XXVI. The Governor shall not, except in the cases hereunder
mentioned, assent in Our name to any Bill of any of the following
classes

1. Any Bill for the divorce of persons joined together in holy
matrimony:

2. Any Bill whereby any grant of land or money, or other donation
or gratuity, may be made to himself.

3. Any Bill affecting the Currency of the Colony or relating to the
issue of Bank notes:

4. Any Bill establishing any Banking Association, or amending or
altering the constitution, powers, or privileges of any Banking
Association:

5. Any Bill imposing differential duties:

6. Any Bill the provisions of which shall appear inconsistent with
obligations imposed upon Us by Treaty:

7. Any Bill interfering with the discipline or control of Our forces
by land, sea, or air:

8. Any Bill of an extraordinary nature and importance, whereby
Our prerogative, or the rights and property of Our subjects not residing
in the Colony, or the trade and shipping of Our United Kingdom and its
Dependencies, may be prejudiced:

9. Any Bill whereby persons not of European birth or descent may
be subjected or made liable to any disabilities or restrictions to which
persons of European birth or descent are not also subjected or made
liable:





10. Any Bill containing provisions to which Our assent has been
once refused, or which have been disallowed by Us:

Unless in the case of any such Bill as aforesaid the Governor shall
have previously obtained Our instructions upon such Bill through one
of Our Principal Secretaries of State, or unless such Bill shall contain a
clause suspending the operation of such Bill until the signification of
Our pleasure thereupon, or unless the Governor shall have satisfied
himself that an urgent necessity exists requiring that such Bill be
brought into immediate operation, in which case he is authorized to
assent in Our name to such Bill, unless the same shall be repugnant to
the law of England, or inconsistent with any obligations imposed on Us
by Treaty. But he is to Transmit to Us, by the earliest opportunity, the
Bill so assented to, together with his reasons for assenting thereto.

XXVII. Every Bill, not being a Government measure, intended to
affect or benefit some particular person, association or corporate body
shall contain a section saving the rights of Us, Our heirs and
successors, all bodies politic and corporate, and all others except such
as are mentioned in the Bill and those claiming by, from, and under
them. No such Bill shall be introduced into the Legislative Council until
due notice has been given by not less than two successive publications
of the Bill in the Hong Kong Government Gazette, and in such other
manner as may be required by the Standing Rules and Orders for the
time being in force; and the Governor shall not assent thereto in Our
name until it has been so published. A certificate under the hand of the
Governor shall be transmitted to Us with the Bill signifying that such
publication has been made.

XXVIll. When any Ordinance shall have been passed or when any
Bill shall have been reserved for the signification of Our pleasure, the
Governor shall transmit to Us, through one of Our Principal Secretaries
of State, for Our final approval, disallowance or other direction
thereupon, a full and exact copy in duplicate of the same, duly
authenticated under the Public Seal of the Colony, and by his own
signature. Such copy shall be accompanied by such explanatory
observations as may be required to exhibit the reasons and occasion for
passing such Ordinance or Bill.

XXVIIIA. (1) The Governor may at any time, by Order published in
the Hong Kong Government Gazette, dissolve the Legislative Council:

Provided that the Legislative Council shall stand dissolved in the
third year after the latest election for all the Elected Members of the
Legislative Council on such date as the Governor shall fix being a date
not earlier than 60 days and not later than 30 days before the
anniversary of that election.

(2) On the dissolution of the Council, all the Elected Members shall
vacate their seats:





Provided that if, for the consideration of any urgent business, the
Governor shall appoint a time for a sitting of the Council after the
dissolution but before the day appointed for the holding of an election
for all the Elected Members of the Legislative Council (as required by
Clause XIIA of these Instructions), the persons holding office as
Elected-Members of the Council immediately before such dissolution
shall continue to sit as Elected Members until the commencement of the
day (or, if more than one, the first day) appointed for the holding of
such elections.

XXIX. [Revoked 5.2.71.]

XXX [Revoked 17.11.67.]

XXXl. Before disposing of any vacant or waste land to Us
belonging, the Governor shall cause the same to be surveyed, and such
reservations to be made thereout as he may think necessary for roads or
other public purposes. The Governor shall not, directly or indirectly,
purchase for himself any of such lands without Our special permission
given through one of Our Principal Secretaries of State.

XXXII. [Revoked 5.2.71.]

XXXIII. [Revoked 30.4.38.]

XXXIV. Whenever any offender shall have been condemned by
the sentence of any Court in the Colony to suffer death, the Governor
shall call upon the Judge who presided at the trial to make to him a
written report of the case of such offender, and shall cause such report
to be taken into consideration at a meeting of the Executive Council,
and he may cause the said Judge to be specially summoned to attend at
such meeting and to produce his notes thereat. The Governor shall not
pardon or reprieve any such offender unless it shall appear to him
expedient so to do, upon receiving the advice of the Executive Council
thereon; but in all such cases he is to decide either to extend or to
withhold a pardon or reprieve, according to his own deliberate
judgment, whether the Members of the Executive Council concur
therein or otherwise, entering, nevertheless, on the Minutes of the
Executive Council a Minute of his reasons at length, in case he should
decide any such question in opposition to the judgment of the majority
of the Members thereof.

XXXV. [Revoked 17.11.67.]

XXXVI. The Governor shall not upon any pretence whatever quit
the Colony without having first obtained leave from Us for so doing
under Our Sign Manual and Signet, or through one of Our Principal
Secretaries of State.

XXXVII. In these Our Instructions the term---theGovernor' shall,
unless inconsistent with the context, include every person for the time
being administering the Government of the Colony.





STANDING ORDERS OF THE LEGISLATIVE CO
OF HONG KONG

TABLE OF CONTENTS

Order

Number Title

PART A

MEMBERS AND OFFICERS OF THE COUNCIL

1. Oath or Affirmation of Allegiance.. ............ E 4

2. Language......................... .. ............ E 4

3. Presiding in Council and in Committee of the whole Council ........ E 4

4. Duties of the Clerk.. .......... E 5

PART B

SESSIONS. SITTINGS AND ADJOURNMENTS OF THE COUNCIL

5. Sessions.... .............. E 5

6. Proceedings at First Sitting of Session .. .............. E 5

7. Commencement of Sittings.. ............ E 6

8. Hours of Sitting.... .............. E 6

9. Motions for the Adjournment of the Council.. ............ E 7

10. Quorum..... ............ E 7

PART C

ARRANGEMENT OF BUSINESS

11. Order of Business at a Sitting.. .. .............. E 8

12. The Order Paper.. ............ E 9

PART D

PETITIONS AND PAPERS

13. Presentation of Petitions.... .............. E 9

14. Presentation of Papers.. .. .............. E 9

PART E

QUESTIONS TO THE GOVERNMENT

15. Nature of Questions..................... .. .. - .......... E 10

16. Question Time.... ............ E 10
17. Notice of Questions........................... .............. E 10
18. Contents of Questions.. ............ E 10









19. Asking and Answering of Questions ....Ell
PART F
STATEMENTS
20. Statements by ex officio Members and Official Members .......... E 12





Order Title Page
Number
PART G
MOTIONS

21......................Notice of Motions and Amendments .................. E 13

22..............................Manner of Giving Notice of Motions and Amendments .......... E 13
23..............................Motion and Amendments requiring Recommendation .......... E 13

24...................Manner of Debating Motions .................... E 13

25..........................Manner of Debating Amendments to Motions .............. E 14
26..........................Withdrawal of Motions and Amendments .............. E 14

PART H

RULES OF DEBATE

27.'.................Time and Manner of Speaking . .................... E 14

28..............................Occasions when a Member may speak more than once .......... E 15

29. Interruptions.. .. .............. E 15

30.................................Adjournment of Debate or of Proceedings of a Committee ........ E 16

31...............Contents of Speeches..... .................. E 16

32......................Behaviour of Members not Speaking .................. E 16

PART I

RULES OF ORDER

33.................Decision of Chair Final.. .................. E 17

34......................Order in Council and Committee .................. E 17

PART J

VOTING

35...............Decision of Questions.. .................. E 17

36. Collection of Voices......... .. ...... .............. E 17

37..........Divisions.... ................ E 18

PART K

PROCEDURE ON BILLS

38..........Form of Bills..... .................. E 18

39...................Notice of Presentation of Bills .................... E 19
40...................Presentation and Publication of Bills .............. E
19

41...............First Reading of Bills.. .. .................... E 19
42...............Second Reading..... ...... - ........ E 20

43.............Committal of Bills.. .......... ........ E 20
44. Functions of Committees on Bills E 20







45. Amendments to Bills.................... --.......... E 21
46. Procedure in Committee of the whole Council on a Bill............... E 21
47. Procedure on Reporting of Bill from Committee of the whole Council........E 23
48. Procedure in Select Committee on a Bill......................E 23
49. Procedure on Reporting of Bill from a Select Committee.......E 23
so. Procedure on Recommittal of Bill reported from Select COMMITTEE.......E 23
51. Third Reading.................... -............E 24
52. Withdrawal or postponement of Bills......................... E 24
53. Presentation of Bill for Assent of Governor.................... E 24





STANDING ORDERS OF THE LEGISLATIVE COUNCIL
OF HONG KONG

TABLE OF CONTENTS

Order
Number Title Page

PART A

MEMBERS AND OFFICERS OF THE COUNCIL

1. Oath or Affirmation................................E 4
2. Language.....................................E 4
3. Presiding in Council and in Committee of the whole Council.......... E 4
4. Duties of the Clerk................................E 5
4A. Counsel to the Legislature..1......................... E 5

PART B

SESSIONS, SITTINGS AND ADJOURNMENTS OF THE COUNCIL

5. Sessions.. .......... .......... ................. E 5
6. Proceedings at First Sitting of Session..... ................. E 6
7. Commencement of Sittings........................... E 6
7A. Special Sittings during recess .......... ................. E 6
8. Hours of Sitting....... .......... ................. E 7
9. Motions for the Adjournment of the Council.................E 7
10. Quorum .......... ....... ................. E 8

PART C

ARRANGEMENT OF BUSINESS

11. Order of Business at a Sitting...........................E 8
12. The Order Paper................................... E 9

PART D

PETITIONS AND PAPERS

13. Presentation of Petitions.............................. E 9
14. Presentation of Papers................................E 10

PART E

QUESTIONS TO THE GOVERNMENT

15. Nature of Questions................................E 10
16. Question Time................................... E 10
17. Notice of Questions................................E 11
18. Contents of Questions................................E 11
19. Asking and Answering of Questions......................... E 12





Order
Number Title Page

PART F

STATEMENTS

20..................Statements by Official Members .................... E 13

PART G

MOTIONS

21....................Notice of Motions and Amendments .................. E 13

22. Manner of Giving Notice of Motions and Amendments .......... E 13
23. Motion and Amendments requiring Recommendation .......... E 14
24..................Manner of Debating Motions .................... E 14

25...........................Manner of Debating Amendments to Motions ............ E 14
26.........................Withdrawal of Motions and Amendments ............ E 15

PART H

RULES OF DEBATE

27..................Time and Manner of Speaking .................... E 15

28.............................Occasions when a Member may speak more than once .......... E 15
29.........Interruptions.. .. .................. E 16

30...............................Adjournment of Debate of Proceedings of a Committee ........ E 16
31..............Contents of Speeches...................... E 16
32.......................Behaviour of Members not Speaking ................ E 17

PART I

RULES OF ORDER

33................Decision of Chair Final................ .... E 17
34. Order in Council and Committee .................... E 17

PART J

VOTING

35..............Decision of Questions.. .. .................... E 18
36..............Collection of Voices...................... E 18

37..........Divisions.................... E 18

PART K

PROCEDURE ON BILLS

38..........Form of Bills.. .. .................. E 19
39..................Notice of Presentation of Bills .................... E 19
40..................Presentation and Publication of Bills .................. E 20
41. First Reading of Bills..E 20





Order
Number Title Page

42............Second Reading....................... E 20
43............Committal of Bills ..........- . .................. E 20
44....................Functions of Committees on Bills .................. E 21
45..............Amendments to Bills...................... E 21
46.............................Procedure in Committee of the whole Council of a Bill .......... E 22
47......................................Procedure on Reporting of Bill from Committee of the whole Council .. E 23
48.......................Procedure in Select Committee on a Bill ................ E 23
49...............................Procedure on Reporting of Bill from a Select Committee ........ E 23
50....................................Procedure on Recommittal of Bill reported from Select Committee .... E 24
51............Third Reading.. .. ................ E 24
52.......................Withdrawal or postponement of Bills ...... ........ E25
53.........................Presentation of Bill for Assent of Governor .............. E25

PART L

FINANCIAL PROCEDURE

54................................Presentation and Second Reading of Appropriation Bill ........ E25
55..................................Procedure in Committee of the whole Council on Appropriation Bill .... E 25
56. Amendments to Heads of Estimates in Committee of the whole Council on
Appropriation Bill................................E 26
57.......................Third Reading of Appropriation Bill - . ................ E 27
58................................Supplementary Estimates and Excess Financial Provisions ........ E27
59....................Supplementary Appropriation Bills ...... . .. .... E 28

PART M

COMMITTEES

60..............Finance Committee.. .. .................. E 28
60A...................Public Accounts Committee... .................. E30
61..............Select Committees.. .. .................. E 31
62..................Procedure of Select Committees .................... E 31
63....................Premature Publication of Evidence .................. E 32

PART N

MISCELLANEOUS MATTERS

64.............................Employment of Members in Professional Capacity .. ...... E 32
65.........................Personal Pecuniary Interest to be Disclosed .............. E33
66. Admission of Press and Public E 33
67. Withdrawal of Strangers.............................. E 33
68. Suspension of Standing Orders......................... E33
69. Procedure if Standing Orders do not provide............... E 34
70. Interpretation................................... E 34






STANDING ORDERS

of the

LEGISLATIVE COUNCIL OF HONG KONG

MADE BY THE LEGISLATIVE COUNCIL OF HONG KONG ON THE
NINTH DAY OF. OCTOBER 1968 IN PURSUANCE OF THE
PROVISIONS OF CLAUSE XXIII OF THE HONG KONG
ROYAL INSTRUCTIONS 1917 TO 1986.

PART A

MEMBERS AND OFFICERS OF THE
COUNCIL

1. (1) Except for the purpose of enabling this order to be complied with,
no Member of the Council shall sit or vote therein until he has made or
subscribed an oath or affirmation in accordance with the provisions of the 0aths
and Declarations Ordinance.

(2) The Clerk shall whenever necessary administer the oath or affirmation
before the transaction of any other business.

2. (1) A Member may address the Council in either the English or the
Cantonese language.

(2) Every petition shall be in the English language or the Chinese language.

(3) A petition in the Chinese language shall be accompanied by an English
translation certified to be correct by a court translator.

(4) A petition in the English language shall be accompanied by a Chinese
translation certified to be correct by a court translator.

(5) This Standing Order shall come into effect on such date as the
Governor may appoint by notice in the Gazette.

3. (1) The Governor shall be the President of the Council.

(2) Save as otherwise provided in this order, the President
shall preside at sittings g of the Council and shall act as Chairman of
committees of the who whole Council; in the absence of the President the
Member appointed by the Governor shall so preside. In default of
such appointment or in the absence of such Member, the senior
Official Member present shall
preside.

(3) A Member, other than the President, when presiding in the Council or
acting as Chairman of a committee of the whole Council shall, while so
presiding or acting, enjoy all powers conferred by these Standing Orders on the
President or Chairman as the case may be.





4. (1) The Clerk shall be responsible for keeping the minutes of the
proceedings of the Council and of committees of the whole Council.
The minutes of proceedings shall record the Members attending, all
decisions taken, and details of every division held.

(2) The Clerk shall be responsible for preparing from day to day an
Order Book showing all future business of which notice has been given.
The Order Book shall be open to the inspection of Members at all
reasonable hours.

(3) The Clerk shall be responsible for preparing for each sitting an
Order Paper showing the business for that sitting.

(4) The Clerk shall be responsible for the custody of the votes,
records, bills and other documents laid before the Council, which shall
be open to inspection by Members of the Council at all reasonable
hours, and by other persons under arrangements approved by the
President.

(5) The Clerk, acting under the directions of the President, shall be
responsible for the production of an official report of all proceedings in
the Council and in the committee of the whole Council.

(6) The Clerk shall be responsible for providing the Finance
Committee and every select committee of the Council with a clerk.

(7) The Clerk shall perform the further duties laid upon him in these
Standing Orders, and all other duties in the service of the Council
ordered by the Council or directed by the President.

4A. (1) The Law Draftsman shall be the Counsel to the Legislature.

(2) The Counsel to the Legislature shall-

(a)be responsible for advising the President and the Clerk to the
Council on all matters relating to the procedure of the Council;

(b)have the general duty of advising the President and the Clerk
to the Council on legal questions arising in relation to the
business or administration of the Council; and

(c)discharge such other duties as may be assigned to him by or
under these Standing Orders.

PART B

SESSIONS, SITTINGS AND ADJOURNMENTS OF THE
COUNCIL

5. (1) There shall be a session of the Council once in every
calendar year.

(2) A session shall end on such date as the Governor may appoint
by notice published in the Gazette





(3) A session shall begin on such date as the Governor may
appoint by notice published in the Gazette, save that the period
between the last sitting of one session and the first sitting of the next
session shall not exceed 3 calendar months.

6. (1) At the first sitting of a session Members who have not
yet taken or subscribed an oath or affirmation in accordance with
the provisions of the 0aths and Declarations Ordinance, shall then
do so.

(2) The Governor, if he so wishes, shall then address the
Council.

(3) Immediately after the Governor has addressed the Coun-
cil, the sitting may be suspended for such period, or the Council may
be adjourned until such day, as the President may determine.

(4) At the resumption of the sitting, or on the day to which the
Council is adjourned under paragraph (3) of this order, a motion
may be moved without notice for an address of thanks to the
Governor for his address.

(5) A motion under paragraph (4) of this order shall be moved
in the following form:

'That this Council thanks the Governor for his address.'

(6) Amendments may be moved to the motion described in
paragraph (5) of this order only by way of adding words at the end
of the motion.

7. (1) Sittings of the Council during each session shall be
held on such days and shall begin at such hour as the Governor shall
determine but a period of six weeks shall not elapse between the date
of one sitting and the date appointed for the next sitting in the same
session.

(2) Written notice of every sitting of the Council other than
the first sitting of a new session shall be given by the Clerk to
Members at least five clear days before the day of the sitting but in
cases of emergency the Governor may dispense with such notice and
in that event the longest possible notice shall be given.

(3) The Governor may, at any time after he has determined the
day and hour upon which a sitting is to begin, change the day or
hour so determined to a later day or hour, or in cases of emergency
to an earlier day or hour.

7A. Notwithstanding that a session may have ended ant the
next following session has not yet begun, the Governor may, where
he is satisfied that the public interest so requires, determine that a
sitting of the Council shall be held on such day and shall begin at
such hour as he may specify, and for this purpose these Standing
Orders shall apply to that sitting as they apply to a sitting held
during a session.





8. (1) Unless otherwise determined under Standing Order No. 7
(Commencement of Sittings), every sitting other than the first sitting of
a session shall begin at 2.30 p.m.

(2) At 6 p.m. the proceedings on any business under consideration
shall be interrupted, any motion which has been moved in pursuance of
Standing Order No. 30 (Adjournment of Debate or of Proceedings of a
Committee) shall lapse, and if the Council is in committee the Council
shall resume:

Provided that, if the President is of opinion that the proceedings
on which the Council is engaged could be concluded by a short
deferment of the moment of interruption, he may in his discretion defer
interrupting the business.

(3) If a division is in progress at 6 p.m., the business shall not be
interrupted until after the declaration of the result of the division.

(4) Save as provided in paragraph (4) of Standing Order No. 9
(Motions for the Adjournment of the Council), no new business shall
be entered upon after the interruption of business under paragraph (2)
of this order; but a motion to suspend this order shall not be new
business.

(5) If the interval between two sittings is less than seven days,
both such sittings should be deemed to constitute one sitting.

(6) The President may at any time suspend a sitting or adjourn the
Council.

9. (1) When for any sufficient reason it is not desired to formulate a
motion in express terms for the purpose of debating a matter or matters,
a motion that the Council do now adjourn may be moved for the
purpose of such a debate.

(2) Such a motion shall not require notice and may be moved only
between two items of business. It shall be moved by an Official
Member, save that a Member other than an Official Member may move
such a motion, with the permission of the President, if the President is
satisfied that the adjournment is for the purpose of discussing a specific
matter of urgent public importance.

(3) If such a motion shall be agreed to, the Council shall stand
adjourned.

(4) After the interruption of business under paragraph (2) of
Standing Order No. 8 (Hours of Sitting) or at the conclusion of all the
business on the Order Paper, whichever is the earlier, an Official
Member may move that this Council do now adjourn.

(5) On a motion moved under paragraph (4) of this order a Member
other than an Official Member may raise any public matter for which the
Government is responsible, with a view to eliciting a reply from an
Official Member.

(6) A Member who wishes to raise a matter under the provisions of
paragraph (5) of this order shall give notice of the matter in writing to
the President not less than seven clear days before the sitting at which
he wishes to do so:





Provided that the President may in his discretion dispense with
such notice.

(7) If at the expiration of forty-five minutes, or such longer period
as the President may at any sitting determine, from the moving of a
motion under paragraph (4) of this order an Official Member has not yet
been called upon to reply, the President shall direct the Member then
speaking to resume his seat and shall call upon an Official Member to
reply.

(8) If at the expiration of one hour, or such longer period as the
President may at any sitting determine, from the moving of the motion
under paragraph (4) of this order such motion has not been agreed to,
the President shall adjourn the Council without putting any question,
provided that, with the permission of the President, valedictory
speeches may be made without notice on the occasion of the retirement
of a Member from the Council.

10. (1) The quorum of the Council and of a committee of the whole
Council shall consist of twenty Members including the President or
Chairman.

(2) If the attention of the President is drawn to the fact that a
quorum is not present, he shall direct the Members to be summoned. If
after fifteen minutes have expired he is satisfied that a quorum is not
present, he shall adjourn the Council without question put.

(3) If the attention of the Chairman in committee of the whole
Council is drawn to the fact that a quorum is not present, he shall act as
provided in paragraph (2) of this order, save that if he is satisfied that a
quorum is not then present the Council shall be resumed and the
President shall count the Council. If a quorum is then present the
Council shall again resolve itself into committee but if a quorum is not
present the President shall adjourn the Council without question put.

(4) If frorn the number of Members taking part in a division,
including those who abstained from voting, it appears that a quorum is
not present, the division shall be invalid, the question on which it was
held shall stand over until the next sitting, and the procedure prescribed
in paragraph (2) or paragrpah (3) of this order shall be followed.

PART C

ARRANGEMENT OF BUSINESS

11. (1) The business of each sitting other than the first sitting of a
session shall be transacted in the following order:

(a) Administration of oath or affirmation.

(b)Reading by the President of messages and announcements
by the President.

(c) Presentation of petitions.





(d)Laying on the Table of papers and of reports of select
committees.

(e)Asking and answering of questions put to the Government.

Statements by Official Members.

(g) Personal explanations.

(h) Obituary and other ceremonial speeches.

(i) Proceedings on motions and bills.

Proceedings on motion for the adjournment of Council under
Standing Order No. 9(4) to (8).

(2) The items of business mentioned in sub-paragraphs (a), (b),
(c), (d), (e), (f), (g) and (h) of paragraph (1) of this order shall not
require notice; but with the exception of items (a) and (b) they shall not
be entered upon save with the previous leave of the President.

12. (1) All items of business for a sitting of which notice has been
given shall be placed on the Order Paper for that sitting in the order
required by Standing Order No. 11 (Order of Business at a Sitting).

(2) Oral questions to the Government shall be placed on the Order
Paper in accordance with the provisions of paragraphs (1) and (2) of
Standing Order No. 19 (Asking and Answering of Questions).

(3) Motions proposed to be made by and bills in the charge of
Official Members shall be placed on the Order Paper before motions
proposed to be made by and bills in the charge of Members other than
Official Members.

PART D

PETITIONS AND PAPERS

13. (1) A petition may be presented to the Council only by a
Member.

(2) A Member who wishes to present a petition to the Council shall
inform the President not later than the day before the sitting at which he
wishes to present it. When so informing the President he shall certify in
writing to the President that the petition is respectful and, in his
opinion, deserving of presentation.

(3) Except on the recommendation of the Governor, the President
shall not permit a petition to be received if, in his opinion, the petition
requests that provision should be made for imposing or increasing a tax,
for imposing. or increasing a charge on the revenue or other public
moneys of Hong Kong or for altering such a charge otherwise than by
reducing it, or for compounding or remitting a debt due to the Crown.





(4) The signification of the Governor's recommendation shall
be recorded in the minutes of proceedings.

(5) No speech shall be made by a Member presenting a
petition beyond a summary statement of the number and description
of the petitioners and the substance of the petition.

(6) If, immediately after a petition has been presented, a
Member rises in his place and requests that the petition be referred
to a select committee, the President shall call upon those Members
who support the request to rise their places. If not less than twenty
Members then rise the petition shall stand referred to a select
committee.

14. (1) A paper may be presented to the Council by an
Official Member, or, with the permission of the President, by a
Member other than an Official Member.

(2) Whenever a Member wishes to present a paper he shall
send a copy of it to the Clerk, who shall, distribute a copy to each
Member and may also arrange for its publication. A copy of the
paper shall be laid on the Table of the Council at the opening of the
next sitting and the Clerk shall record its laying and the date of
publication in the minutes of the proceedings of that sitting.

(3) Whenever a paper has been laid on the Table of the
Council, the Member presenting it may, with the permission of the
President, address the Council thereon.

(4) At any sitting a Member may, with the consent of the
President, address the Council on subsidiary legislation laid on the
Table of the Council at that sitting or at any of the three sittings
immediately preceding that sitting, but no debate may arise thereon.
A Member who wishes to address the Council under this paragraph
at any sitting shall inform the President of his wish before the
beginning of that sitting.

PART E

QUESTIONS TO THE GOVERNMENT

15. (1) Any Member other than an Official Member may
address a question to the Government relating to a public matter for
which the Government is responsible, and either seeking informa-
tion on such matter or asking for official action with regard to it.

(2) A question shall specify whether an oral or a written reply
is required.

16. (1) Questions may be asked at any sitting except the first
sitting of a session.

(2) Not more than twenty questions of which notice has been
given may be asked at any one sitting.





17. (1) A question shall not be asked without notice except as
provided in paragraph (4) of this order.

(2) A Member shall give notice of a question by delivering to the
office of the Clerk, not later than four clear days before the sitting at
which an answer is required, a copy thereof signed by the Member.

(3) A Member may not ask more than three questions of which
notice has been given at any one sitting.

(4) If a Member asks the permission of the President to ask a
question without notice on the ground that it is of an urgent character
and relates to a matter of public importance, the President may permit
the question to be asked without notice, if he is satisfied that it is of
that nature and that sufficient private notice of the question has been
or is to be given by the Member concerned to the Government to
enable the question to be answered.

18. (1) A question shall conform to the following rules:

(a)A question shall not include the names of person, or
statements which are not strictly necessary to make the
question intelligible.

(b)A question shall not contain a statement which the Member
who asks the question is not prepared to substantiate.

(c)A question shall not contain arguments, inferences, opinions,
imputations or epithets, or tendentious, ironical or offensive
expressions.

(d)A question shall not refer to debates or answers to questions
in the current session.

(e)A question shall not refer to proceedings in a committee
before that committee has made its report to the Council.

A question shall not seek information about a matter which is
of its nature secret.

(g) A question shall not reflect on the decision of a court of
law or be so drafted as to be likely to prejudice a case
pending in a court of law.

(h) A question shall not be asked for the purpose of obtaining an
expression of opinion, the solution of an abstract legal
question, or the answer to a hypothetical proposition.

(i) A question shall not be asked whether statements in the
press or of private individuals or private concerns are
accurate.

(j) A question shall not be asked about the character or conduct
of any person mentioned in paragraphs (7) and (8) of Standing
Order No. 31 (Contents of Speeches) and a question shall not
be asked about the character or conduct of any other person
except in his official or public capacity.





(k)A question shall not be asked seeking information which
can be found in accessible documents or ordinary works of
reference.

(l)A question which has been fully answered shall not be
asked again during the same session.

(2) If the President is of opinion that a question of which
a Member has given notice to the Clerk or which a Member has
sought to ask without notice infringes any of the provisions of
Standing Order No. 15 (Nature of Questions) or of this order, he
may direct-

(a)that it be placed on the Order Paper with such alterations
as he may direct; or

(b)in the case of a question which a Member has sought to ask
without notice, that it may be so asked with such altera-
tions as he may direct; or

(c)that the Member concerned be informed that the question
is out of order.

19. (1) Every question in respect of which a Member has
given due notice under the provisions of Standing Order No. 17
(Notice of Questions) and which complies with the provisions of
Standing Order No. 18 (Contents of Questions) shall be put on the
Order Paper for the sitting at which the Member has stated that he
wishes to ask it.

(2) The questions to be asked at each sitting shall, subject to
the provisions of paragraph (2) of Standing Order No. 16 (Question
Time), be placed on the Order Paper by the Clerk in the order in
which notice of them was received by him, and when a Member has
given notice of several questions at the same time in the order
indicated by the Member.

(3) When each question is reached on the Order Paper the
President shall, except in the case of a question for which a written
answer has been sought, call on the Member in whose name the
question stands. The Member called shall then rise in his place and
ask the question and the Official Member who is to answer it shall
give his reply.

(4) After an answer has been given to a question supplementary
questions may be put by any Member for the purpose of elucidating
that answer, but the President shall refuse to allow a supplementary
question to be answered, if in his opinion it introduces matter which
is not related to the original question or answer or which infringes
any of the provisions of Standing Order No. 15 (Nature of Ques-
tions) or Standing Order No. 18 (Contents of Questions).

(5) A Member shall not address Council on a question and a
question shall not be made a pretext for a debate.

(6) If a Member is not present to ask his question when his
name is called, the question may with his consent be asked by





another Member or otherwise shall be postponed until the next
sitting.

(7) In the case of a question for which a written answer has
been sought, or in the case of a supplementary question for which a
written answer has been offered, a written answer shall be supplied
to each Member and shall be printed in the Official Report.

PART F

STATEMENTS

20. (1) An Official Member who wishes to make a statement
on some public matter for which the Government is responsible shall
inform the President of his wish before the beginning of the sitting
at which he wishes to make the statement.

(2) No debate may arise on such a statement but the President
may in his discretion allow short questions to be put to the Member
making the statement for the purpose of elucidating it.

PART G

MOTIONS

21. (1) Except as otherwise provided in these Standing Orders,
no motion shall be moved in the Council unless notice of it has been
given not less than four clear days before the day on which the
motion is to be considered by the Council or a committee thereof.

Provided that the President or Chairman, as the case may be,
may in his discretion dispense with such notice.

(2) Except as otherwise provided in these Standing Orders, no
amendment shall be moved to a motion unless-

(a)notice of the amendment has been given not later than the
day before that on which the motion concerned is to be
considered by the Council or a committee thereof, or

(b)the President or Chairman, as the case may be, gives leave
to dispense with notice of the amendment.

22. (1) Notice of a motion or an amendment shall be given by
delivering a copy of the motion or amendment in writing to the office
of the Clerk. The notice shall be signed by the Member wishing to
move the motion or amendment.
(IA)
(2) A notice of a motion or an amendment shall be submitted
to the President, who shall direct-

(a) that it be printed in the terms in which it was handed in; or

(b) that it be printed with such alterations as he may direct; or





(e)that it be returned to the Member who signed it, as being in
his opinion out of order.

23. A motion or amendment, the object or effect of which may,
in the opinion of the President or Chairman, be to dispose of or
charge any part of the revenue or other public moneys of Hong
Kong, shall, unless moved by an Official Member, require the
recommendation of the Governor, which shall be notified by the
Member when moving the motion or amendment.

24. (1) A Member called upon by the President or Chairman
to move a motion shall rise in his place and in moving the motion
shall make such remarks as he may wish.

(2) When a motion has been moved, the President or Chair-
man shall propose the question thereon to the Council or the
committee; debate may then take place on that question.
(3) Amendments of which notice has been given or dispensed
with in accordance with paragraph (2)(a) or (2)(b) of Standing Order
No. 21 (Notice of Motions and Amendments) may be moved to a
motion at any time after the question has been proposed on the
motion by the President or Chairman and after all the amendments
have been disposed of the President or Chairman shall again
propose the question on the motion, or shall propose the question
on the motion as amended, as the case may require, and a further
debate may take place.

(4) When no more Members wish to speak the President or
Chairman shall put the question on the motion as amended to the
Council or to the committee for its decision.

25. (1) A Member called upon by the President or Chairman
to move an amendment to a motion shall rise in his place and after
making such remarks as he may wish to make shall move the
amendment.

(2) An amendment to a motion shall take one of the following
forms-

(a) To leave out one or more words of the motion.

(b)To insert or add one or more words in the motion or at the
end of the motion.

(c)To leave out one or more words of the motion and to insert
or add one or more words instead.

(3) When an amendment has been moved the President or
Chairman shall thereupon propose the question that the amendment
be made; and a debate may then take place on that question.

(4) When two or more amendments are proposed to be moved
to the same motion the President or Chairman shall call on the
movers in the order in which their amendments relate to the text of
the motion, or in cases of doubt in the order decided by the President
or Chairman.





26. (1) A motion or an amendment may be withdrawn at the
request of the mover by leave of the Council or committee before the
question is fully put thereon, if there is no dissenting voice. A motion
or amendment which has been so withdrawn may be proposed again
if, in the case of a motion, the notice required by these Standing
Orders is given.

(2) A notice of a motion or an amendment may be withdrawn
at any time before it is moved, if the Member in whose name the
motion or amendment stands gives instructions to that effect to the
Clerk.

PART H

RULES OF DEBATE

27. (1) A Member shall speak standing and shall address his
observations to the President or Chairman.

(2) When the President or Chairman rises, during proceedings
in Council or in committee of the whole Council, every Member
shall be seated.
(3) If two or more Members rise at the same time to speak, the
President or Chairman shall select one Member and call on him to
speak.

(4) When a Member has finished speaking he shall resume his
scat and any other Members wishing to speak shall rise.

28. (1) Save with the leave of the President, a Member may
not speak more than once on a question, except-

(a) in committee; or

(b)in explanation as provided in paragraph (2) of this order;
or

(c)in the case of the mover of a motion, in reply as provided in
paragraph (3) of this order; or

(d)upon a motion 'That this Council thanks the Governor for
his address' as provided in paragraph (6) of this order.

(2) A Member who has spoken on a question may again be
heard, if the President so permits, to explain some part of his speech
which has been misunderstood, but when speaking he shall not
introduce new matter.

(3) In the Council the mover of a motion may reply after all
other Members present have had an opportunity of speaking and
before the question is put; but the mover of an amendment shall not
have the right of reply.
(4) A Member who has spoken on a question may speak again
on an amendment proposed to that question, and on a motion that
the debate now be adjourned moved during the debate on that
question.





(5) No Member may speak on a question after it has been fully
put to the Council or a committee for decision by the President or
Chairman.

(6) An Official Member who has spoken on a motion 'That
this Council thanks the Governor for his address' may speak a
second time upon that motion in reply to any matter raised during
the debate on the motion.

29. A Member shall not interrupt another Member, except-

(a)by rising to a point of order, when the Member speaking
shall resume his seat and the Member interrupting shall
direct attention to the point which he wishes to bring to
notice and submit it to the President or Chairman for
decision; or

(b)to elucidate some matter raised by that Member in the
course of his speech, if the Member speaking is willing to
give way and resume his seat and the Member wishing to
interrupt is called by the President or Chairman.

30. (1) A Member who has risen to speak on a question in the
Council may move without notice that the debate be now adjourned.
Thereupon the President shall propose the question on that motion.

(2) When a motion that the debate be now adjourned has been
agreed to, the debate on the question then before the Council shall
stand adjourned and the Council shall proceed to the next item of
business.

(3) When a motion that the debate be now adjourned has been
negatived, the debate on the question then before the Council
shall be continued and no further motion that the debate be now
adjourned shall be moved during that debate except by an Official
Member.

(4) When the Council is in committee a Member may move
without notice that further proceedings of the committee be now
adjourned. Thereupon the Chairman shall propose the question
on that motion. If the motion is agreed to, the Council shall resume;
but if the motion is negatived, the committee shall continue its
proceedings.

(5) It shall not be in order to move an amendment to a motion
under the provisions of this order.

31. (1) A Member shall restrict his observations to the subject
under discussion and shall not introduce matter irrelevant to that
subject.

(2) Reference shall not be made to a case pending in a court of
law in such a way as, in the opinion of the President or Chairman,
might prejudice that case.





(3) It shall be out of order to attempt to reconsider a specific
question on which the Council has taken a decision during the current
session, except on a substantive motion to rescind that decision made
with the permission of the President.

(4) It shall be out of order to use offensive and insulting language
about Members of the Council.

(5) A Member shall not impute improper motives to another
Member.

(6) The name of Her Majesty or of the Governor shall not be used
to influence the Council.

(7) The conduct of Her Majesty and Members of the Royal Family
shall not be called in question.

(8) The conduct of the Governor, Members of the Executive and
Legislative Councils, and Judges or other persons performing judicial
functions shall not be raised.

32. During a sitting-

(a) all Members shall enter or leave the Council with decorum;

(b)no Member shall cross the floor of the Council
unnecessarily.,

(e)Members shall not read newspapers, books, letters or other
documents, except such matter therein as may be directly
connected with the business of the Council; and

(d)while a Member is speaking all other Members shall be silent
and shall not make unseemly interruptions.

PART I

RULES OF ORDER

33. The President in Council or the Chairman in committee shall be
responsible for the observance of the rules of order in the Council and
committee respectively. His decision on a point of order shall be final.

34. (1) The President or the Chairman, after having called the
attention of the Council or the committee to the conduct of a Member
who persists in irrelevance or tedious repetition of his own or other
Members' arguments in the debate, may direct him to discontinue his
speech.

(2) The President or Chairman shall order a Member whose conduct
is grossly disorderly to withdraw immediately from the Council for the
remainder of that sitting; and the Clerk shall act on orders received by
him from the Chair to ensure compliance with this order.





PART J

VOTING

35. (1) All questions put to the Council shall be decided by a
majority of the votes of the Members present and voting.

(2) The Governor or other Member presiding shall, if the
votes be equally divided, have a casting vote in addition to his
original vote.

36. (1) When the President or Chairman puts a question to
the Council or to the committee for its decision he shall first call
upon those Members who are in favour of the question to say 'Aye'
and then upon those who are against the motion to say 'No'.

(2) As soon as the President or Chairman has collected the
voices of the Ayes and of the Noes, the question being then fully put
no other Member may speak to it.

(3) The President or Chairman may, according to his judg-
ment of the number of voices on either side, then state that he thinks
the Ayes have it or that he thinks the Noes have it, as the case may
be; and if no Member challenges his statement as provided in the
next succeeding paragraph he shall declare the question to have been
so decided.

(4) If a Member challenges the statement of the President or
Chairman that he thinks the Ayes or the Noes have it by claiming a
division, then the President or Chairman shall order the Council or
the committee, as the case may be, to proceed to a division; and the
division shall be held forthwith in the manner prescribed in Standing
Order No. 37 (Divisions).

(5) Notwithstanding paragraph (4) of this order the President
or Chairman may, if in his opinion the division is unnecessarily
claimed, take the vote of the Council or the committee, as the case
may be, by calling upon the Members who support or who challenge
his decision successively to rise in their places; and he shall there-
upon, as he sees fit, either declare the determination of the Council
or the committee or order a division.

37. (1) When a division has been ordered, the votes shall be
taken by the Clerk, who shall ask each Member separately how he
wishes to vote. A Member shall, upon his name being called give his
vote saying 'Aye' or 'No' or by expressly stating that he abstains
from voting.

(2) As soon as the Clerk has taken the votes, the President or
Chairman shall state the number voting for the Ayes and for the
Noes respectively and shall then declare the result of the division.

(3) If a Member states that he voted in error or that his vote
has been counted wrongly, he may claim to have his vote altered, if
his statement is made before the President or Chairman has declared
the result of the division.





PART K

PROCEDURE ON BILLS

38. (1) A bill for presentation to the Council shall conform to the
requirements laid down in this order.

(2) The bill shall be given a short title corresponding with the title
by which it is to be cited if it becomes law.

(3) The bill shall be given a long title setting out the purposes of
the bi in general terms.

(4) The clauses of the bill shall be preceded by the enacting
formula prescribed by law.

(5) The bill shall be divided, into clauses numbered consecutively
and having a descriptive note in the margin of each clause.

(6) An explanatory memorandum stating the contents and objects
of the bill in non-technical language shall be attached to the bill.

(7) In the case of a bill, not being a Government measure, intended
to affect or benefit some particular person, association or corporate
body, there shall be included in the bill a clause saying the rights of Her
Majesty, Her heirs and successors, all bodies politic and corporate, and
all others except such as are mentioned in the bill, and those claiming
by, from and under them.

39. (1) A Member may at any time give notice of his intention to
present a bill; such notice shall be sent to the office of the Clerk and
shall be accompanied by a copy of the bill and memorandum required
by Standing Order No. 38 (Form of Bills), and, in the case of a Member
other than an Official Member, also by a certificate signed by the
Counsel to the Legislature stating that the Bill conforms to the
requirements of that Standing Order and the general form of Hong Kong
legislation.

(2) In the case of a bill having any effect such as is described in
Standing Order No. 23 (Motion and Amendments requiring
Recommendation), the notice shall be accompanied by a certificate
signed by the Chief Secretary, stating that the Governor's
recommendation will be signified to the bill on second reading.

(3) In the case of a bill presented by a Member other than an
Official Member having any effect such as is described in paragraph (7)
of Standing Order No. 38 (Form of Bills), the notice shall be
accompanied by a certificate signed by the Member, stating that the bill
has been published in two successive publication of the Gazette and
that notice of the bill has been given by two advertisements in each of
two daily newspapers published in Hong Kong, one of which shall be a
Chinese language newspaper.

(4) A Member presenting a bill shall be known throughout the
subsequent proceedings on the bill as the Member in charge of the bill.





40. (1) The Clerk shall, after receipt of a bill for presentation
to the Council, cause the text of the bill and its explanatory
memorandum to be published in the Gazette unless-

(a)the Governor directs that the bill shall not be published in
the Gazette before it has been read the first time; or

(b)the bill has already been published in the Gazette in
accordance with paragraph (3) of Standing Order No. 39.

(2) The Clerk shall, after receipt of a bill for presentation to
the Council, cause a copy of of the bill and its explanatory memoran-
dum to be sent to every Member present within Hong Kong, where-
upon the bill shall be deemed to have been presented to the Council.

41. (1) The short title of a bill presented to the Council in
accordance with paragraph (2) of Standing Order No. 40 (Presenta-
tion and Publication of Bills) shall be placed on the Order Paper for
first reading at such sitting as may be specified to the Clerk by the
Member in charge of the bill.

(2) No debate shall be allowed upon the first reading of a bill;
and the bill shall be deemed to have been read the first time upon the
Clerk reading the short title.

(3) When a bill has been read the first time, the Council shall
be deemed to have ordered the bill to be set down for second
reading, and the order of the Council shall be so recorded in the
minutes of proceedings; and notice of motion for second reading
shall not be required to be given by the Member in charge of the bill.

42. (1) In the case of a bill having any effect such as is
described in Standing Order No. 23 (Motion and Amendments
requiring Recommendation), the President shall call for the significa-
tion of the recommendation of the Governor by an Official Member
before the Council enters upon consideration of the second reading
of the bill and the motion that the bill be now read the second time
shall not be moved unless such recommendation has been signified
accordingly.

(2) The signification of the Governor's recommendation shall
be recorded in the minutes of proceedings.

(3) The Council shall proceed to the second reading of a bill
on a motion that the bill be now read the second time; and on this
motion a debate may arise covering the general merits and principles
of the bill.

(4) No amendment may be proposed to the question that the
bill be now read the second time.

(5) When a motion for the second reading of a bill has been
negatived no further proceedings shall be taken on that bill.

43. (1) When a motion for the second reading of a bill has been
agreed to, the bill shall stand committed to a committee of the whole
Council, unless-





(a)the Council, on a motion which may be moved without notice
by any Member immediately after the bill has been read the
second time, commit the bill to a select committee; or

(b)the President is of opinion that the bill would specially benefit
or otherwise specially affect some particular person or
association or corporate body, in which case he may direct
that the bill be committed to a select committee.

(2) Notice of proceedings upon a bill in committee of the whole
Council shall not be required to be given by the Member in charge of
the bill.

(3) Proceedings upon a bill in select committee shall be begun
upon a day appointed in accordance with paragraph (2) of Standing
Order No. 62 (Procedure of Select Committees).

44. (1) Any committee to which a bill is committed shall not
discuss the principles of the bill but only its details.

(2) Any such committee shall have power to make such

amendments therein as they shall think fit, provided that the
a . amendments including new clauses and new schedules, are relevant
to the subject matter of the bill.

45. (1) The provisions of this order shall apply to amendments
proposed to be moved to bills in committee of the whole Council, in a
select committee, and on recommittal.

(2) Notice of amendments proposed to be moved to a bill shall be
given not less than four clear days before the day on which the bill is to
be considered in committee; and except with the leave of the Chairman
no amendment of which notice has not been so given may be moved to
a bill.

(3) The provisions of Standing Order No. 22 (Manner of Giving
Notice of Motions and Amendments) shall apply to notice of
amendments to bills with the substitution of the word 'Chairman' for
'President' in paragraph (2) of that order.

(4) The following provisions shall apply to amendments relating to
bills:

(a)An amendment must be relevant to the subject matter of the
bill and to the subject matter of the clause to which it relates.

(b)An amendment must not be inconsistent with any clause
already agreed to or with any previous decision of the
committee upon the bill.

(c)An amendment must not be such as to make the clause which
it proposes to amend unintelligible or ungrammatical.

(d)An amendment which is in the opinion of the Chairman
frivolous or meaningless may not be moved.







(5) If an amendment refers to, or is not intelligible without, a
subsequent amendment or schedule, notice of the subsequent
amendment or schedule must be given before the first amendment is
moved so as to make the series of amendments intelligible as a whole.

(6) An amendment, the object or effect of which may, in the
opinion of Chairman, be to dispose of or charge any part of the revenue
or other public moneys of Hong Kong, shall, unless moved by an
Official Member, require the recommendation of the Governor, which
shall be notified by the Member when moving the amendment.

46. (1) The Chairman in Committee of the whole Council
shall propose 'That the following clauses stand part of the bill', and
shall direct the Clerk to call the numbers of the clauses. On the
number or numbers of any clause or group of clauses being called,
the question that that clause or group of clauses stand
part of the bill
shall be deemed to have been put. In the event of a clause being
amended the number of the clause, as amended, shall be called again
by the Clerk, and the question that the clause as amended stand part
of the bill shall be deemed to have been put.

(2) In order to save time and repetition of arguments, the Chairman
may allow a single discussion to cover a series of interdependent
amendments.

(3) The provisions of Standing Order No. 25 (Manner of Debating
Amendments to Motions) shall apply to the discussion of amendments
to bills, with the substitution of the word 'clause' for the word
'motion'.

(4) A clause may be postponed, unless a decision has already
been taken. upon an amendment thereto. Postponed clauses shall be
considered after the remaining clauses of the bill have been considered
and before new clauses are brought up.

(5) Any proposed new clause shall be considered after the clauses
of the bill have been disposed of and before consideration of any
schedule of the bill:

Provided that a new clause proposed in substitution for a clause
which has been disagreed to may be considered immediately after such
disagreement.

(6) On the marginal note of any new clause being read by the
Clerk the clause shall be deemed to have been read a first time. The
question shall then be proposed 'That the clause be read a second
time'; if this is agreed to, amendments may then be proposed to the
new clause. The final question to be proposed shall be 'That the
clause (or the clause as amended) be added to the bill'.

(7) Schedules shall be disposed of in the same way as clauses and
any proposed new schedule shall be considered after the schedules of
the bill have been disposed of, and shall be treated in the same manner
as a new clause.





(8) When every clause and schedule and proposed new clause
or schedule has been dealt with, the preamble, if there is one, shall be
considered and the question put 'That this be the preamble to the
bill'. No amendment to the preamble shall be considered which is
not made necessary by a previous amendment to the bill.
(9) If any amendment to the title of the bill is necessary by an
amendment to the bill, it shall be made at the conclusion of the
proceedings detailed above, but no question shall be put that the title
(as amended) stand part of the bill; nor shall any question be put
upon the enacting formula.
(10) An amendment, proposed new clause or proposed new
schedule, upon which a question has been proposed, may be
withdrawn at the request of the mover by leave of the committee
before the question has been fully put on it, if no Member objects.

(11) When all the proceedings upon the bill have been con-
cluded in committee, the Council shall resume and a Member shall
report the bill to the Council with or without amendment as the case
may be.

47. When a bill has been reported from a committee of the
whole Council, the Council shall be deemed to have ordered the bill
to be set down for third reading and the order of the Council shall be
so recorded in the minutes of proceedings; and notice of motion for
third reading shall not be required to be given by the Member in
charge of the bill.

48. (1) A select committee on a bill shall be subject to all the
provisions of Standing Order No. 62 (Procedure of Select Com-
mittees) but before reporting the bill to the Council it shall go
through the bill in the same manner as a committee of the whole
Council as prescribed in Standing Order No. 46 (Procedure in
Committee of the whole Council on a Bill).
(2) When a bill has been amended in a select committee, the
whole text of the bill as amended shall, if practicable, be printed
as part of the report of the select committee, but if this is not
practicable the text of every clause or schedule amended, and of
every new clause or new schedule added, shall be so printed.
(3) When all the proceedings upon the bill have been con-
cluded in a select committee and the committee have agreed to their
report, the Chairman shall, at the next sitting of the Council, report
the bill, with or without amendment as the case may be, to the
Council and shall lay a copy of the report of the committee upon
the Table.

49. (1) When a bill has been reported from a select committee
the Council may consider the bill as reported on a motion that the
report of the select committee on the bill be adopted.
(2) If that motion is agreed to without amendment, the Coun-
cil shall be deemed to have ordered the bill to be set down for third
reading and the order of the Council shall be so recorded in the





minutes of proceedings, and notice of third reading shall not be
required to be given by the Member in charge of the bill.
(3) On a motion to adopt the report of select committee on a
bill moved under paragraph (1) of this order, a Member may
propose an amendment to add at the end of the motion the words
'subject to the recommittal of the bill (either wholly or in respect
only of some particular part or parts of the bill or of some proposed
new clause or new schedule) to a committee of the whole Council'.
(4) If the motion is agreed to as amended in accordance with
paragraph (3) of this order, the bill shall stand recommitted as
required by the motion, and the Council shall immediately resolve
itself into a committee of the whole Council to consider it.

50. (1) When the whole of a bill reported from a select
committee has been recommitted the committee shall go through the
bill as provided in Standing Order No. 46 (Procedure in Committee
of the whole Council on a Bill).
(2) When a bill has been recommitted in respect only of some
specified clause or clauses or schedule or schedules of the bill or
some proposed new clause or new schedule, the committee shall
consider only the matter so recommitted and shall proceed on every
such clause or schedule in the manner provided in Standing Order
No. 46 (Procedure in Committee of the whole Council on a Bill) and
may thereafter if necessary consider amendment of the long or short
title of the bill:
Provided that if the President considers it necessary or desira-
ble he may require the whole bill to be recommitted as provided in
paragraph (1) of this order.
(3) When all proceedings in committee of the whole Council
on a recommitted bill have been completed, the Council shall resume
and the Member in charge of the bill shall report the bill, as amended
(or as not amended) on recommittal, to the Council.
(4) When the bill has been so reported after recommittal, the
Council shall forthwith proceed to the third reading of the bill,
unless the Member in charge states that he wishes the third reading
to be postponed; and in the latter event the provisions of Standing
Order No. 47 (Procedure on Reporting of Bill from Committee of
the whole Council) shall apply, and no further motion to recommit
the bill shall be allowed.

51. (1) The Council shall proceed to the third reading of a bill
on a motion that the bill be read the third time and do pass. Debate
on that motion shall be confined to the contents of the bill and no
amendment may be moved to the motion.
(2) Amendments for the correction of errors or oversights
may, with the President's permission, be made to the bill before the
question for the third reading of the bill is put by the President, but
no amendments of a material character shall be proposed.
(3) When a motion for the third reading of a bill (or bills) has
been agreed to, the Clerk shall read the short title of the bill (or bills)





and shall write at the end of the bill (or bills) the words 'Passed by the
Hong Kong Legislative Council this day' giving the date.

(4) When a motion for the third reading of a bill has been
negatived no further proceedings shall be taken on that bill.

52. The Member in charge of a bill may, at the beginning of the
proceedings on a bill at a sitting, announce that he withdraws or
postpones the bill.

53. A copy of every bill passed by the Council, certified as a true
copy by the Clerk, shall be submitted by the Clerk to the Governor for
his assent.

PART L

FINANCIAL PROCEDURE

54. (1) Any bill containing the estimated financial requirements for
expenditure on all the services of the Government of Hong Kong for the
current or succeeding financial year shall be known as an
Appropriation Bill. Estimates containing the details of the said financial
requirements shall be presented at the same time as any such bill.

(2) After the motion for the second reading of the bill has been
proposed the debate thereon shall be adjourned and shall be resumed
not earlier than the seventh day thereafter. The debate, when resumed,
shall be confirmed to the financial and economic state of Hong Kong
and the general principles of Government policy and administration as
indicated by the bill and Estimates.

(3) Subject to Standing Order No. 60(9), the Estimates shall upon
presentation to the Council stand referred to a committee of the whole
Council and the Appropriation Bill upon being read a second time shall
stand committed to that committee.

55. (1) On the consideration of the Appropriation Bill in committee
of the whole Council the clauses of the bill shall stand postponed until
after consideration of the schedule or schedules.

(2) On the consideration of a schedule each head of expenditure
shall be considered with the appropriate estimate, and any reference in
these Standing Orders to a subhead or an item means a subhead or an
item in the Estimates for the head then under discussion.

(3) On the consideration of a schedule, the Chairman shall propose
'That the sums for the following heads stand part of the schedule', and
shall direct the Clerk to call the numbers of the





heads. On the number or numbers of any head or group of heads being
called, the question that the sums in that head or group of heads stand
part of the schedule shall be deemed to have been put. Unless an
amendment is proposed under the provisions of the next succeeding order,
a debate may take place on that question. Any such debate shall be
confined to the policy of the service for which the money is to be provided
and shall not deal with the details of any item or subhead but may refer to
the details or revenue or funds for which that service is responsible.

(4) When all the heads in a schedule have been disposed of, the
Chairman shall put forthwith, without amendment or debate, the
question 'That the schedule (as amended) stand part of the bill'.

(5) When every schedule has been disposed of, the Chairman shall
propose 'That the following clauses stand part of the bill', and shall
direct the Clerk to call the numbers of the clauses. On the number of any
clause being called, the question that the clause stand part of the bill
shall be deemed to have been put. the event of a clause being amended, the
number of the clause, as amended, shall be called again by the Clerk,
and the question that the clause as amended stand part of the bill shall
be deemed to have been put.

(6) No amendment may be moved to any clause except an
amendment consequential on an alteration in the total sum appropriated
by any schedule. Any such consequential amendment shall be moved
by an Official Member only and may be moved without notice, and the
question thereon shall be put forthwith without amendment or debate.
When the question on the last of any such amendments to a clause has
been decided, the Chairman shall forthwith put the question 'That the
clause as amended stand part of the bill' and that question shall then
be decided without amendment or debate.

(7) When the question upon every clause of the bill has been
decided, the Council shall resume and a Member shall report the bill to
the Council with or without amendment, as the case may be.

56. (1) An amendment which, in the opinion of the Chairman, would
increase the sum allotted to any head of expenditure whether in respect
of any item or subhead or of the head itself shall, unless moved by an
Official Member, require the recommendation of the Governor, which
shall be notified by the Member when moving the amendment.

(2) An amendment to increase a head whether in respect of any
item or subhead or of the head itself shall take precedence over an
amendment to reduce the head in the same respect, and if it is carried no
amendment to reduce the head in that respect shall be called.

(3) An amendment to any head of expenditure to reduce the sum
allotted thereto in respect of any item therein may be moved





by any Member, and shall take the form of a motion 'That head ......

be reduced by $ in respect of (or by leaving out) subhead
item

(4) An amendment to reduce a head in respect of any subhead or
by leaving out a subhead shall only be in order if the subhead is not
itemized.

(5) An amendment to reduce a head without reference to a
subhead therein shall only be in order if the head is not divided into
subheads.

(6) An amendment to leave out a head shall not be in order and
shall not be placed on the Order Paper.

(7) In the case of each head, amendments in respect of items or
subheads in that head shall be placed on the Order Paper and
considered in the order in which the items or subheads to which they
refer stand in the head in the Estimates.

(8) When notice has been given of two or more amendments to
reduce the same item, subhead, or head, they shall be placed on the
Order Paper in the order of the magnitude of the reductions proposed,
the amendment proposing 'the largest reduction being placed first in
each case.

(9) Debate on every amendment shall be confined to the item,
subhead, or head to which the amendment refers, and after an
amendment to an item or subhead has been disposed of no amendment
or debate on a previous item or subhead shall be permitted.

(10) When all amendments standing on the Order Paper in respect
of any particular head of expenditure have been disposed of, the
Chairman shall again propose the question 'That the sum for
head stand part of the schedule' or shall propose the amended
question 'That the (increased) (reduced) sum for head..stand
part of the schedule', as the case may require. The debate on any
such question shall be subject to the same limitations as apply
to a debate arising under paragraph (3) of Standing Order No. 55
(Procedure in Committee of the whole Council on Appropriation
Bill).

57. The motion for third reading of the Appropriation Bill shall be
decided without amendment or debate.

58. (1) If an Official Member presents a paper setting out the
financial requirements of any proposals,

(a)for expenditure incurred or likely to be incurred in the course
of the current financial year either in respect of a service or of
several services for which no provision has been made in the
Estimates for that year or in respect of further financial
provision beyond the total sum already





sanctioned for a particular head or subhead or for particu-
lar heads or subheads; or
(b)for expenditure incurred in the course of a previous financial
year in excess of the total sum sanctioned for a particular
head or subhead or for particular heads or subheads by the
Estimates or Supplementary Estimates for that year,
then that paper shall, subject to Standing Order No. 60(6), be
ordered to be printed and shall stand referred to a committee of
the whole Council.
(2) At any time after a paper has been so referred to a
committee of the whole Council an Official Member may give notice
of a motion 'That this Council approves the proposal (or proposals)
set out in Paper No . ; and such a motion shall be considered in
committee of the whole Council.
(3) To the motion described in paragraph (2) of this order
amendments may be moved to add words either leaving out or
reducing an item or a subhead of any particular proposal or, if there
be more than one proposal, leaving out any particular proposal:
Provided that no amendment shall be moved unless notice
thereof has been given not less than three clear days before the day
on which the motion is to be considered in committee.
(4) When the motion 'That this Council approves the pro-
posal (or proposals) set out in Paper No . or that motion as
amended, has been agreed to in committee, the Council shall resume
and the Member who moved the motion shall report the motion or
the motion as amended to the Council; and the Council shall
thereupon be deemed to have agreed to the motion or to the motion
as amended, as the case may be.

59. If a Supplementary Appropriation Bill is presented appro-
priating only sums of money which have been agreed to by the
Council under Standing Order No. 58 (Supplementary Estimates
and Excess Financial Provisions), then the debate on the second
reading thereof shall be strictly confined to the matters for which
additional expenditure is required and when the question thereon
has been agreed to the bill shall not be committed and the question
'That the bill be now read a third time' may be put forthwith and
shall be decided without debate.

PART M

COMMITTEES

60. (1) There shall be a standing committee, to be called the
Finance Committee, the members of which shall be the Chief
Secretary, the Financial Secretary, one other Official Member, to be
nominated by the President, and all the Members other than Official
Members.
(2) The Chief Secretary shall be the chairman of the committee
and in the absence of the chairman the Financial Secretary shall act
as chairman.





(2A)The functions of the Finance Committee shall be such as are
conferred upon the Committee by the Public Finance Ordinance, any
other law and these Standing Orders, and such as may from time to time
be referred to the committee by the Council.

The committee shall sit at the times A and at the place
determined by the chairman. Written notice of every sitting shall be
given to the Members at least two clear days before the day of the
sitting. The sittings shall be held in public unless the chairman
otherwise orders in accordance with any decision of the committee.

(4) The chairman and eight Members other than Official Member
shall form a quorum. All matters before the committee shall be decided
by a majority of the Members voting but no Official Member shall have
a vote.

(4A) Where the chairman so orders in accordance with a decision
of the committee, any matter for the decision of the committee may be
considered by circulation of papers to the members of the committee
and each member may signify his approval in writing submitted to the
chairman. Where any such matter has not been so approved by all the
members who are then in Hong Kong before the expiry of the period
specified by the chairman for signifying the approval of members in
respect of that matter, that matter shall be deemed to be referred for
decision at a sitting of the committee.

(5) The clerk to the committee appointed under paragraph (6) of
Standing Order No. 4 (Duties of the Clerk) shall attend the sittings of
the committee. He shall keep a record of the proceedings of the
committee and shall distribute a copy thereof to each Member before
the next sitting.

(6) Every proposal involving expenditure from public funds, of the
nature described in paragraph (1) of Standing Order No. 58
(Supplementary Estimates and Excess Financial Provisions) shall first
be considered by the Finance Committee and thereafter every such
proposal which has been approved by the committee shall be submitted
to the Council for its consideration and approval in the manner
provided in Standing Order No. 58 (Supplementary Estimates and
Excess Financial Provisions).

(7) No proposal involving expenditure from public funds which has
not been approved by the Finance Committee under paragraph (6) of
this order shall be submitted to the Council for its consideration and
approval, except on a substantive motion moved for that purpose by an
Official Member.

(8) Nothing in paragraphs (6) and (7) shall limit or prejudice any
action that may be taken under the provisions of the Public Finance
Ordinance.

(9) The Estimates presented in accordance with the provisions of
Standing Order No. 54 (Presentation and Second Reading of
Appropriation Bill) may be referred by the President to the Finance
Committee for their examination before consideration of the Appro





priation Bill in committee of the whole Council. For the purposes of any
such examination the Finance Committee may call before them to give
evidence the public officer responsible for the service or services
provided under any head of the Estimates.

60A. (1) There shall be a standing committee, to be called the
Public Accounts Committee, to consider reports of the Director of Audit

(a) on the accounts of the Government;

(b)on such other accounts required to be laid before the
Legislatiave Council as the Committee may think fit; and

(c)on any matter incidental to the performance of his duties or
the exercise of him powers as the Committee may think fit.

(1A) The Committee shall also consider any report of the Director
of Audit laid on the Table of the Council which deals with examinations
(value for money aduit) carried out by the Director relating to the
economy, efficiency and effectiveness of any Government department
or public body or any organization to which his functions as Director of
Audit extend by virtue of any Ordinance or which receives public
moneys by way of subvention.

(2) The Committee shall consist of a chairman and six members to
be nominated by the President, all of whom shall be Members other
than Official Members. The chairman and two other members shall
constitute a quorum.

(3) A report mentioned in-

(a)paragraph (1) shall be deemed to have been referred by the
Council to the Committee for consideration upon its receipt by
the President;

(b)paragraph (1A) shall be deemed to have been referred by the
Council to the Committee when it is laid on the Table of the
Council.

(3A) Unless the chairman otherwise directs, members of the public
and of the press shall be admitted as spectators at meetings of the
Committee attended by any person called by the Committee under
paragrpah (4).

(4) The Committee may call any public officer, or, in the case of a
report on the accounts of or relating to a non-Government body or
organization, any member or servant of that body or organization, to
give information or any explanation or to produce any records or
documents which the Committee may require in the performance of their
duties; and the Committee may also call any other person to assit the
Committee in relation to any such information, explanation, records or
documents.

(5) The Committee shall make their report upon the report of the
Director of Audit on the accounts of the Government within 3 months
(or such longer period as may be determined under section





12 of the Audit Ordinance) of the date on which the Director's
report is laid on the Table of the Council.

(5A) The Committee shall make their report upon the report
of the Director of Audit mentioned in paragraph (IA) within 3
months (or such longer period as may be determined by the Council)
of the date on which the Director's report is laid on the Table of the
Council.

(6) Subject to these Standing Orders, the practice and proce-
dure of the Committee shall be determined by the Committee.

61. (1) The Council may in each session appoint one or more
select committees to consider matters or bills which the Council may
refer to the committee.

(2) The President shall decide the size of every select commit-
tee and shall nominate the chairman and members thereof.

(3) The quorum of a select committee shall be one third of the
members excluding the chairman, a fraction of a whole number
being disregarded.

(4) A select committee shall, as soon as they have completed
consideration of the matter or bill referred to them, report to the
Council thereon and the committee shall thereupon be dissolved. If
the committee are of opinion that they will not be able to complete
consideration of the matter or bill before the end of the session, they
shall so report to the Council.

(5) At the end of the session every select committee of the
Council shall be dissolved.

62. (1) The deliberations of a select committee shall be con-
fined to the matter or matters referred to them by the Council, and
in the case of a select committee on a bill shall be confined to the
bill committed to them and relevant amendments.

(2) A select committee shall sit at the times determined by
the chairman. The sittings of a select committee shall be held in
private unless the committee otherwise order.

(3) If the chairman is unable to be present at a sitting, the
committee shall elect another chairman whose tenure of office shall
be for the day of his election.

(4) The clerk to the committee appointed under paragraph (7)
of Standing Order No. 4 (Duties of the Clerk) shall attend meetings
of the committee and shall keep the minutes of proceedings of the
committee.

(5) Divisions in a select committee shall be taken by the clerk
to the committee who shall ask each member of the committee
separately how he wishes to vote and record the votes accordingly.

(6) Neither the chairman nor any other member presiding
shall vote, unless the votes of the other members are equally divided
in which case he shall give a casting vote.





(7)(a) A member of a select committee may bring a report for their
consideration. When all the reports have been brought up the
chairman shall propose the reports in order until one is
accepted as a basis for discussion, beginning with his own
report and proceeding with the remainder in the order in which
they were brought up. The question to be proposed by the
chairman on a report shall be that the
chairman's (or Mr..'s) report be read a second time
paragraph by paragraph. When this question has been
agreed to, it shall not be proposed on further reports but
portions thereof may be offered as amendments to the
report under consideration if they are relevant to it.

(b)The committee shall then go through the report paragraph by
paragraph and the provisions of Standing Order No. 46
(Procedure in Committee of the whole Council on a Bill) shall
apply as if the report were a bill and the paragraphs were the
clauses of the bill.

(c)When consideration of the report paragraph by paragraph is
concluded and when all proposed new paragraphs have been
considered the chairman shall put the question that this report
be the report of the committee to the Council.

(8) A select committee may make a special report relating to the
powers, functions and proceedings of the committee on matters which
they think fit to bring to the notice of the Council.

(9) The minutes of proceedings of the committee shall record all
proceedings on consideration of a report or bill in the committee and on
every amendment proposed to the report or bill, with a note of
divisions, if divisions were taken in the committee, showing the names
of members voting in the division or declining to vote.

(10) A report or special report, with the minutes of proceedings of a
select committee and the minutes of evidence, if evidence was taken,
shall be laid on the Table of the Council by the chairman of the
committee.

63. The evidence taken before a select committee and documents
presented to the committee shall not, except in the case of sittings of the
committee held in public, be published by a member of the committee or
by any other person before the committee have presented their report to
the Council.

PART N

MISCELLANEOUS MATTERS

64. No Member shall appear before the Council or a committee
thereof as a legal practitioner for or on behalf of a party or in a capacity
for which he is to receive a fee or award.





65. (1) A Member shall not move any motion or amendment
relating to a matter in which he has a direct personal pecuniary interest
or speak or vote on any such matter, whether in the Council or in any
committee, without disclosing the nature of that interest.

(2) A motion to disallow a Member's vote on the ground of non-
disclosure of his personal pecuniary interest may be moved without
notice by any Member immediately upon the statement of the numbers
voting in the division by the President or Chairman, but not otherwise.

(3) The President or Chairman shall have discretion whether or not
to propose the question upon such a motion; and in exercising such
discretion he shall have regard to the nature of the question upon
which the vote was taken and to the consideration whether the interest
therein of the Member whose vote is challenged is direct and pecuniary
and not an interest in common with the rest of the inhabitants of Hong
Kong and whether his vote was given on a matter of state policy.

(4) If the question for the disallowance of a Member's vote is
proposed, the Member concerned may be heard in his place but he shall
then withdraw from the Council or committee for the duration of the
debate and any vote on the question.

(5) If a motion for the disallowance of a Member's vote is agreed to,
the President or Chairman shall direct the Clerk to alter the numbers
voting in the original division accordingly.

66. Subject to such rules as may from time to time be made by the
President, members of the public and of the press shall be admitted as
spectators of sittings of the Council. The Clerk shall ensure that such
rules are compiled with.

67. (1) A Member may without notice at any time rise and move
that strangers do withdraw, specifying whether the withdrawal is to be
for the remainder of that day's sitting or during the consideration of
certain business. The President or Chairman shall forthwith propose the
question thereon and the Council or committee shall dispose of it before
proceeding further with the business which was before it when the
motion was moved.

(2) The President or Chairman may at any time order strangers to
withdraw and the doors of the Council Chamber to be closed.

(3) When an order has been made by the Council or committee, or
by the President or Chairman, for the withdrawal of strangers, members
of the public and of the press shall forthwith withdraw from the Council
Chamber and the Clerk shall ensure that the order is complied with.

68. A motion which has the object or effect of suspending a
standing order shall not be moved except after notice or with the
consent of the President.





69. In any matter not provided for in these Standing Orders,
the practice and procedure to be followed in the Council shall be
such as may be decided by the President who may, if he thinks fit,
be guided by the practice and procedure of the House of Commons
of the United Kingdom.

70. In these Standing Orders, unless the context otherwise
requires-

(a)references to printing include references to all mechanical,
electrical and photographic methods of reproducing words
in visible form;

(b)the expression 'clear days' excludes the day of the giving
of a notice, the day of a sitting and intervening public
holidays.





ROYAL WARRANT.

THE EFFICIENCY MEDAL.

[Published in the Gazette as G.N. 460/31.]

GEORGE R.I.

GEORGE THE FIFTH, by the Grace of God, of Great Britain, Ireland and
the British Dominions beyond the Seas, King. Defender of the
Faith, Emperor of India, to all to whom these Presents shall come,
Greeting!

WHEREAS Her late Majesty Queen Victoria was graciously
pleased in the year 1894 to institute and create a Medal for the
Volunteer Force to be designated 'The Volunteer Long Service Medal',
and by a Warrant under Her Sign Manual dated the 13th day of June,
1896. did extend the grant of such Medal to Our Indian and Colonial
Volunteer Forces and to Volunteer Forces raised for Our Service in
countries under Our protection;

AND WHEREAS Her late Majesty by a Warrant under Her Sign
Manual dated the 18th day of May, 1899, did subsequently institute
and create a Medal for Our Colonial Auxiliary Forces to be designated
'The Colonial Auxiliary Forces Long Service Medal'. to reward the long
and meritorious services of members of such forces;

AND WHEREAS His late Majesty King Edward the Seventh was
graciously pleased in the year 1904 to approve of a Medal for long
service and good conduct being granted to non-commissioned officers
and men of the Militia, which Medal is designated the Militia Long
Service Medal, and in the year 1906 to extend the grant of the Medal to
certain Militia Forces Overseas.,

AND WHEREAS His late Majesty was graciously pleased in the
year 1908 to approve of a Medal being granted to noncommissioned
officers and men of the Special Reserve, which Medal is designated the
Special Reserve Long Service and Good Conduct Medal;

AND WHEREAS His late Majesty was graciously pleased IN THE
year 1908 to approve of a Medal for efficiency being granted to non-
commissioned officers and men of the Territorial Force, which Medal is
now designated the Territorial Efficiency Medal;

AND WHEREAS We are desirous of instituting a new Medal to
replace the aforesaid Medals in order that throughout Our Empire and
territories under Our protection there may be one Medal to reward the
long and meritorious service of warrant officers, noncommissioned
officers and men of Our Militia in Great Britain, hereinafter referred to as
Our Militia, of Our Territorial Army





in Great Britain, hereinafter referred to as Our Territorial Army, and of
the other authorized Auxiliary Military Forces of Our Empire, or
territories under Our protection, hereinafter referred to as the other
Auxiliary Military Forces of Our Empire, and that thereby the Imperial
character of such service may be recognized;

Now, THEREFORE, it is Our Will and Pleasure that the grant of the
aforesaid Medals shall be discontinued for future service and in lieu
thereof We have instituted, constituted and created and by these
Presents for Us, Our Heirs and Successors. do institute, constitute and
create a new Medal which We are desirous should be highly prized by
members of Our Militia, of Our Territorial Army and of the other
Auxiliary Military Forces of Our Empire., and We are graciously pleased
to make, ordain and establish the following rules and ordinances for the
governance of the same which shall henceforth be inviolably observed
and kept

Firstly: It is ordained that the Medal shall be designated 'The
Efficiency Medal'.

Secondly: It is ordained that the Medal shall be of silver, oval in
shape and shall bear in relief on the obverse the Royal and
Imperial Effigy and on the reverse the inscription 'For
Efficient Service'.

Thirdly: It is ordained that the Medal shall be worn suspended on
the left breast by a green ribbon one inch and a quarter in
width with yellow stripes down the edges.

Fourthly: It is ordained that the Medal shall in all cases bear a
subsidiary title to denote whether at the time the recipient
qualified for the award of the Medal he was serving in Our
Militia or in Our Territorial Army or in one of the other
Auxiliary Military Forces of Our Empire., such subsidiary title
being specified in the regulations hereinafter mentioned and
inscribed on the mount of the Medal.

Fifthly: It is ordained that the Medal shall be awarded to warrant
officers, non-commissioned officers and men who complete
twelve years' efficient service on the active list of Our Militia.
of Our Territorial Army or of the other Auxiliary Military
Forces of Our Empire; and who are recommended by the
Commanding Officer of the unit in which the period of Service
requisite to qualify for the Medal is completed and who are
certified by the responsible military authorities as deserving of
the Medal.

sixthly: It is ordained that a Clasp to be worn on the ribbon of the
Medal shall be awarded to warrant officers, noncommissioned
officers and men who, having been awarded the Medal.
complete a total of eighteen years' efficient service as
aforesaid. and a further Clasp shall be awarded





to those who complete twenty-four years' efficient services as
aforesaid.

Seventhly: It is ordained that service in West Africa (except that
performed by natives of West Africa), shall reckon two-fold
as qualifying service for the Medal or Clasps. but any period
spent on leave therefrom shall reckon only as single
qualifying service.

Eighthly: It is ordained that such war service as may be defined
from time to time in the regulations hereinafter mentioned shall
reckon two-fold as qualifying service, or as single qualifying
service, towards the period of service required for the award
of the Medal or Clasps; and that war service not so defined
shall not reckon as qualifying service: Provided that nothing
in this Our Warrant shall permit service to reckon more than
two-fold as qualifying service for the Medal or Clasps.

Ninthly: It is ordained that such service rendered in the ranks of a
Cadet force as may be defined in the regulations hereafter
mentioned shall count as qualifying service for the Medal or
Clasps.

Tenthly: It is ordained that service on the permanent staff of any of
the aforesaid forces by members of the permanent forces of
Our Empire or territories under Our protection or service in a
Reserve or Auxiliary force involving a liability for service only
and no liability for training in peace, shall not reckon as
qualifying service for the Medal or Clasps.

Eleventhly: It is ordained that the service requisite to qualify for
the Medal or Clasps shall be continuous service except in
special circumstances and all such exceptions shall be defined
in the regulations hereinafter mentioned, provided,
nevertheless, that where service is rendered in more than one
of the aforesaid forces, such forces not being in the same
portion of Our Empire, or territories under Our protection, an
interval not exceeding twelve months between any two
periods of service, shall not be regarded as breaking the
continuity of such service.

Twellthly: It is ordained that such service in the authorized Naval
or Air Auxiliary or Volunteer Forces of Our Empire or
territories under Our protection as may be defined in the
regulations hereinafter mentioned shall count as qualifying
service for the Medal or Clasps.

Thirteenthly: It is ordained that an officer of the aforesaid forces
who has in virtue of service in the ranks thereof been awarded
the Medal or Clasps shall, if The Efficiency Decoration be
subsequently conferred upon him, not be called upon to
surrender the Medal or Clasps, but shall not be permitted to
wear them until such time as he has





completed the full periods of qualifying service in respect of
both the Decoration and the Medal or Clasps.

Fourteetahly: It is ordained that any service reckoned as
qualifying service for the grant of any Long Services, Good
Conduct or Efficiency Medal (or Clasp) which may have been
awarded to a member of Our Militia, Our Territorial Army or of
the other authorized Auxiliary Military Forces of Our Empire
as aforesaid shall not reckon as qualifying service for The
Efficiency Medal or Clasps albeit that the recipient of any of
the above mentioned Medals (or Clasps) may be permitted to
wear them with The Efficiency Medal (with or without Clasps),
provided that he has completed the full periods of qualifying
service in respect of each Medal or Clasp.

Fifteenthly: It is ordained that it shall be competent for Our Army
Council in regard to Our Militia and Our Territorial Army, or
for the Governors-General, Governors or Officers
administering the Government, as the case may be, in regard to
the Auxiliary Military Forces of Our respective Dominions,
Colonies, or territories under Our protection, or for Our
Viceroy in regard to the Auxiliary Forces in India, to cancel
and annul the award of the Medal to any person and also to
restore a forfeited Medal, under the conditions laid down in
the regulations hereinafter mentioned.

Sixteenthly: It is ordained that the Medal shall be awarded under
such regulations as to grant. forfeiture, restoration and other
matters, in amplification of these Our rules and ordinances as
may, with Our approval signified through one of Our Principal
Secretaries of State, be issued from time to time by Our Army
Council in regard to Our Militia and Our Territorial Army, or
by the GovernorsGeneral, Governors or Officers administering
the Government as the case may be, in regard to the Auxiliary
Military Forces of Our respective Dominions, Colonies, or
territories under Our protection, or by Our Viceroy in regard to
the Auxiliary Military Forces in India.

Lastly: We reserve to Ourself, Our Heirs and Successors, full
power of annulling, altering, abrogating, augmenting.
interpreting or dispensing with these rules and ordinances, or
any part thereof, by a notification under Our Sign Manual.

GIVEN at Our Court at St. James's this 23rd day of September, in
the 21st year of Our Reign, and in the year of Our Lord one thousand
nine hundred and thirty.

By His Majesty's Command,

T. SHAW.





ROYAL WARRANT.

THE EFFICIENCY MEDAL.

(Army Order No. 73 of 1946).

[Published in the Gazette as G.N.A. 39/49.]

GEORGE R.I.

GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland and
the British Dominions beyond the Seas. King, Defender of the
Faith. Emperor of India, to all to whom these Presents may come.
Greeting!

WHEREAS His late Majesty King George V, by a Warrant under
His Sign Manual dated the 23rd day of September, 1930*, was pleased
to make, ordain and establish rules and ordinances for the governance
of The Efficiency Medal, reserving for Himself, His Heirs and
Successors full power of annulling, altering, abrogating, augmenting,
interpreting or dispensing with those rules and ordinances, or any part
thereof, by a notification under Royal Sign Manual;

AND WHEREAS We deem it expedient to make further
provision regarding the conditions under which The Efficiency Medal
and Clasps shall be awarded;

OUR WILL AND PLEASURE is that officers who are
serving or who have served as such on the active list of any of our
Armed Forces during the present Emergency and who were, on the 2nd
September. 1939, serving as officers. warrant officers, noncommissioned
officers, men, or auxiliaries, on the active list of Our Territorial Army or
of Our Auxiliary Territorial Service, or of any Auxiliary Military Forces
raised in Our Indian Empire, Burma, any of Our Colonies, any Territory
under Our Protection, or in any other part of Our Dominions Our
Government whereof shall so desire, or in any Territory under Our
Protection administered by Us in such Government, and were embodied
or called up for service, shall, until Our Further Will and Pleasure be
made known, and subject in other respects to the conditions laid down
in the Warrant of 23rd September, 1930 (as subsequently amended), be
eligible for the award of The Efficiency Medal and Clasps, and be
allowed to reckon their service as officers as qualifying service for the
Medal and Clasps, except that officers who before the 2nd September,
1939, had qualified for the award of The

* Army Order 186 of 1930.
Note:This Royal Warrant amends Royal Warrant dated 23rd September,
1930, (G.N. 460/31).





Efficiency Decoration shall not be eligible for the Medal and Clasps
unless they are qualified under the terms of the Warrant of 23rd
September, 1930.

OUR FURTHER WILL AND PLEASURE is that officers as
aforesaid, who were serving as warrant officers, non-commissioned
officers or men of Our Supplementary Reserve, Category A or B, on 2nd
September, 1939, and who were embodied or called up for service in
accordance with Army Order 158 of 1939 shall until Our Further Will and
Pleasure be made known, and subject in other respects to the conditions
laid down in the Warrant of 23rd September, 1930, be eligible for The
Efficiency Medal and Clasps and be allowed to reckon their service as
officers as qualifying service therefor.

OUR FURTHER WILL AND PLEASURE is that any person who
under the terms of this Our Warrant receives an Efficiency Medal or
Clasps and is or subsequently becomes entitled to an Efficiency
Decoration shall not be permitted to wear such medal or clasps with The
Efficiency Decoration, except under the conditions laid down in the
Warrant of 23rd September, 1930.

GIVEN at Our Court of St. James's, this 10th day of May, in the
tenth year of Our Reign, and in the year of Our Lord one thousand nine
hundred and forty-six.

By His Majesty's Command,

JOSEPH
WESTWOOD.





REGULATIONS GOVERNING THE GRANT, FORFEITURE
AND
RESTORATION OF THE EFFICIENCY MEDAL.

(HONG KONG).

[Published in the Gazette as G.N.A. 83/55.]

1. The Efficiency Medal and Clasps are awarded as a reward for
long and efficient service to a warrant officer, non-commissioned officer
or man of Her Majesty's Authorized Auxiliary Military Forces of the
Commonwealth* (or their Reserves) and are governed by the Royal
Warrant dated 23rd September, 1930.

2. (i) Warrant officers, non-commissioned officers and men of the
Royal Hong Kong Defence Force of Hong Kong who on or after the
23rd September, 1930, have completed the requisite period of qualifying
service as hereinafter defined shall be eligible for the Medal and Clasps.

(ii) A warrant officer, non-commissioned officer or man must have
completed 12 years voluntary continuous efficient service as defined in
these regulations.

(iii) A warrant officer, non-commissioned officer or man who has
been awarded the Medal and who completes a further 6 years voluntary
continuous efficient qualifying service as defined in these regulations
shall be awarded a Clasp to be attached to the ribbon by which the
Medal is suspended and for a further period of 6 years qualifying
service under similar conditions an additional Clasp shall be awarded.

3. The subsidiary title of the Medal awarded to warrant officers,
non-commissioned officers and men who complete the requisite period
of qualifying service while serving in the aforesaid Force of Hong Kong
shall be 'Hong Kong and the words 'Hong Kong shall be inscribed on
the bar brooch of the Medal so awarded.

4. Service as described below if voluntary shall be regarded as
qualifying service, provided that none of it has been previously
counted as qualifying service for the grant of any other Long Service,
Good Conduct or Efficiency Medal or Clasp

*The term 'Her Majesty's Authorized Auxiliary Military Forces of the
Commonwealth means, for the purposes of the Efficiency Medal, the
Territorial Army, the Royal Naval Volunteer Reserve and the Royal
Auxiliary Air Force in the United Kingdom and Her Majesty's similar forces
including volunteer forces in other territories of the Commonwealth to which
attach similar obligations for training in peace; it excludes the Army Reserve
and such like forces. The word 'Commonwealth' includes any territories
under Her Majesty's protection.

See Anny Order No. 186 of 1930.





A. Other rank and cadet service.

(i)Service in the ranks on the active list of the Royal Hong Kong
Defence Force, the Hong Kong Defence Force or the Hong
Kong Volunteer Defence Corps such service having been
efficient in accordance with the regulations governing service
in such Force or Corps.

(ii)Service in the ranks of any Reserve or Auxiliary unit of the
aforesaid Force or Corps such as may have been rendered
while those units performed annual training equivalent to that
normally carried out by the parent Force or Corps, provided
that the individual concerned also performed such training and
that efficiency is determined by the standard required for the
parent Force or Corps.

(iii) Service in the ranks of Her Majesty's other Authorized
Auxiliary Military Forces of the Commonwealth including their
Reserves and associated Officers' Training or Cadet Corps.
such service in every case having been qualifying service in
accordance with the regulations under the Royal Warrant of
the 23rd September, 1930, and applicable to the Force in which
or with whose Reserve or associated Officers' Training or
Cadet Corps the service was rendered.

(iv)Service in the ranks or as a cadet in a duly recognized and
constituted Officers' Training or Cadet Corps in any of Her
Majesty's Dominions. Colonies or territories under Her
Majesty's protection. such service being qualifying service in
accordance with the regulations under the Royal Warrant of
the 23rd September, 1930. applicable to the Force with whose
associated Officers' Training or Cadet Corps the service was
rendered.

(v)Service in the ranks of any Force or Corps mentioned in sub-
paragraph (i). (ii) or (iii) during their embodiment, other than
service covered by those sub-paragraphs, the exact period
only of such embodiment being counted: Provided always both
as regards this service and that referred to in sub-paragraph (i).
(ii) or (iii) that a period of 2 months embodied service in any
calendar year reckoned from 1st January to 31st December will
be allowed to count as the equivalent of efficient service for
that year.

(vi)Service in the ranks on the permanent staff of the Royal Hong
Kong Defence Force, the Hong Kong Defence Force or the
Hong Kong Volunteer Defence Corps by members of the
Permanent Forces of the Commonwealth, except such service
as is covered by sub-paragraph (ii) of paragraph B; service in
any unit of any





such Force or Corps involving a liability for service only and
no liability for annual training in peace shall not reckon as
qualifying service.

B. War Service.

(i)A warrant officer, non-commissioned officer or man who was
serving in the Hong Kong Volunteer Defence Corps on the
2nd September, 1939, and who was embodied or called out for
service on or after that date will reckon as double his service
between the date on which he was embodied or called out and
the date on which he was released from embodiment. (No
service subsequent to the 7th April, 1949, may count as
double qualifying service). A period of 2 months or more
efficient embodied service between 2nd September, 1939, and
7th April, 1949. occurring in any calendar year reckoned from
the 1st January will be allowed to count as the equivalent of
efficient service for that year.

(ii)A warrant officer, non-commissioned officer or man who was
serving in the ranks of the Hong Kong Volunteer Corps of the
Hong Kong Volunteer Reserve or any other Authorized
Auxiliary Force of the Commonwealth including any reserve
associated therewith on 4th August, 1914, and who, before
11th November. 1918, served or accepted an obligation to
serve on military service beyond the borders of the Force of
which he was a member will reckon as double his embodied
service on the active list. whether commissioned or in the
ranks, rendered between the dates of embodiment and of
disembodiment of the Force in which he was serving, whether
such service was in the Royal Navy, Regular Army. Royal Air
Force, Special Reserve, Territorial Force or Dominion or
Colonial Forces.

(iii) Except as provided in sub-paragraph (ii), commissioned
service in the case of those men who were commissioned after
service in the ranks of an Authorized Auxiliary Force of the
Commonwealth during the period of embodiment of the Force
consequent upon the outbreak of war on 4th August, 1914,
and who, having relinquished their commissions, re-enrolled
in the ranks of an Authorized Auxiliary Force of the
Commonwealth prior to 1st January, 1922, shall count as
single qualifying service for the Medal or Clasps.

(iv)Any period during which a warrant officer, non-
commissioned officer or man of the Hong Kong Volunteer
Defence Corps was relegated to unemployment between the
2nd September, 1939, and the 7th April, 1949, otherwise than
at his own request, or for redundancy or inefficiency, will
count as single qualifying service.





(v)Except as provided in sub-paragraph (ii), service in the ranks
in the Royal Navy, the Regular Army, the Royal Air Force or a
permanent Force of a Dominion, Colony or Territory under Her
Majesty's protection during the period from 4th August, 1914,
to 31st December, 1921, and/or from 2nd September, 1939, to
1st November. 1947 (inclusive) shall count as single qualifying
service for the Medal or Clasps.

(vi)No service shall count more than double qualifying service.

C. Continuity of Service.

Service qualifying for the Medal and Clasps must be continuous
except

(i)during the period from 4th August, 1914, to 31st December,
1921, andlor from 2nd September, 1939, to 1st November. 1947
(inclusive).

(ii)that service in different Auxiliary Military Forces not of the
same territory of the Commonwealth shall be deemed to be
continuous if any break in service occurring between service
in one such force and another does not exceed 12 months.,

(iii)that where a warrant officer. non-commissioned officer or man
who, having been discharged from the Hong Kong Volunteer
Defence Corps or from any Approved Auxiliary Force of the
Commonwealth during the war commencing on 3rd September,
1939, by reason of wounds or illness contracted on service,
subsequently during the Corps period of embodiment
voluntarily re-enlisted into the Corps after recovery, the period
between such discharge and re-enlistment shall not be
reckoned as breaking continuity of service.

(iv)that except as provided in sub-paragraph (iii) service in the
aforesaid forces of Hong Kong shall be deemed to be
continuous if any break in service is not due to the individual's
own request or to his own fault and does not exceed 12
months;

(v)that the following periods, although inadmissible as qualifying
service (save in the circumstances hereinbefore described) will
not be reckoned as breaking continuity of service

(a)service in the Royal Navy, Regular Army, Royal Air Force
or in a Permanent Force of a Dominion, Colony or
Territory under Her Majesty's protection, or in the
Reserves of such forces or in the Reserves of any
Authorized Auxiliary Force of the Commonwealth.,





(b)service of men of any of the aforesaid forces of Hong
Kong whilst released from military service for the
purpose of being employed on work of national
importance, which will be defined as occasion arises,
during a period of embodiment;

(c)periods of desertion or absence without leave of men of
any of the aforesaid forces of Hong Kong during
embodiment or training either in camps or barracks,
provided that they continue to serve after their offence
has been dealt with;

(d)periods of detention or imprisonment during annual
training or embodiment.

5. Ineligibility. A person who has been convicted by a Court
Martial, or of an indictable offence by the Civil Power, will not be
eligible for the award of the Medal unless the Governor shall otherwise
direct.

6. Applications for the Medal should be made in writing by
Commandant, Royal Hong Kong Defence Force and should be
supported by a statement of the warrant officer's, non-commissioned
officer's or man's service in Form A appended to these regulations. The
Commandant will forward his recommendations through the usual
channel of correspondence to the Governor, accompanied in each case
by a statement certifying that the person recommended has completed
the qualifying period of efficient service and that he is in every way
deserving of the Efficiency Medal or Clasp.

Applications for Clasp should be dealt with in a similar manner.

7. Grant of Medal and Clasps. The Medal or Clasp will be
awarded on the authority of the Governor and a notification of its
award will be published in the Hong Kong Government Gazette.

8. Loss and Replacement. When the Medal or Clasp has been lost
and it is desired to replace it a declaration must be made before a
magistrate stating the circumstances under which the loss occurred,
and the rank, name and Corps of the person to whom the Medal or
Clasp belonged. This declaration will be forwarded to the Governor
through the usual channel of correspondence in the case of a person
who is still serving, and direct in the case of a person who has retired. If
the explanation as to loss is considered satisfactory the Medal or Clasp
will be replaced on repayment being made by the person to cover the
cost of the Medal or Clasp.





9. Forfeiture and Restoration. A recipient of the Medal who is
convicted by a Court Martial or of an indictable offence by the Civil
Power, or who is dismissed or removed from his Corps or Regiment for
misconduct shall forfeit the Medal unless the Governor shall otherwise
direct.

A Medal forfeited under the preceding regulation may be restored
by the Governor at his discretion.

A notice of forfeiture or of restoration shall in every case be
published in the Government Gazette.

10. The Efficiency Medal will be worn suspended on the left breast
by a green ribbon. one inch and a quarter in width, with yellow stripes
down the edges, but the recipient of any other Long Service, Good
Conduct or Efficiency Medal will only be permitted to wear the
Efficiency Medal (with or without Clasps) with them if he has completed
the full period of qualifying service in respect of each Medal or Clasp.

11. In undress and service uniform when ribbons only are worn, the
grant of Clasps will be denoted by the wearing on the ribbon of a small
silver rose, according to the number of Clasps awarded. The rose or
roses will not be worn on the ribbon when the Medal itself is worn.

FoRm A.
THE EFFICIENCY MEDAL.
(HONG KONG).

Statement of Service of ...............................................................

of the .........................Force/Corps.

N.B. Service which under the Royal Warrant and the Regulations made
thereunder is to count two-fold qualifying service should be shown in the first place
by the actual dates of such service, but only the equivalent single service for
qualifying purposes should be carried forward as service in the 'Total Qualifying
Service' column.






....................I certify that the above is a correct statement of the service
of ...................................and that his total qualifying
service amounts to ......years .....months days.

Date .......................................

(Signed) .......................................................

Administrative Officer,

Royal Hong Kong Defence Force.

(Countersigned) .......................................................

Commandant,

Royal Hong Kong Defence Force.

This statement is to be completed by the Commanding Officer of the
Auxiliary Force in which the period of qualifying service is completed. Where the
period of qualifying service is in more than one Auxiliary Force, the Commanding
Officer signing the statement must satisfy himself that all service reckoned is
qualifying service, and as to the period to be so reckoned.

Where war service is claimed as double qualifying service a separate certificate
by the applicant for the Medal will be afforded to that effect setting out the
circumstances, e.g. that he actually served outside the territory or Colony of the
Force of which he was a member or that he signed or otherwise accepted before
11th November, 1918, an obligation to do so.





AIR TRANSPORT (LICENSING OF AIR
REGULATIONS

ARRANGEMENT OF REGULATION

Regulation

PART I

INTERPRETATION

1. Interpretation............................ ............ G3

PART II

LICENCES AND OPERATING PERMITS FOR SCHEDULED
JOURNEYS

2. Exceptions................ G4
3. Penalties................ G4

4. The Air Transport Licensing Authority.............. G 5

5. Issue of licences.. ............ . G 6

6. Applications for licences................... G 6
7. Publication of applications................... G 6

8. Objections and representations................. G 7

9. Public and private inquiries................ G 7

10. Emergency applications................ G 7

11. General policy of Licensing Authority................ G 7

12. Period licences remain in force................ G 8

13. Provisional licences pending determination of application ........ G 8
14. Provisional licences authorizing continuation of service ........ G 8

15. Publication of decisions by Licensing Authority ............ G 8

16. Revocation or suspension of licences................ G 8

17. Surrender of licences...... G 9

18. Licence fees................. G 9

19. Returns from licensees................. .............. G 9

20. Annual report of Licensing Authority..... ............ G 10

20A.............Operating permits.. .. .................. G 10

PART III

PERMITS FOR JOURNEYS OTHER THAN SCHEDULED
JOURNEYS

21. Exceptions..... ............ G 10
22. Penalties..... ............ G 10
23. Issue of permits.. .. .............. G 11
24. Applications for permits G 11



25. Revocation or suspension of permits G 11





Regulation Page

PART IV

GENERAL PROVISIONS

26. Compliance with air navigation and transport laws and regulations by licence,
operating permit and permit holders......................G 11
27. Transfer and assignment of licences, operating permits and permits.......G 11
28. Information regarding financial resources of an applicant to be treated as
confidential................................... G 12
29. When provisional licences are deemed to be licences............... G 12
30. No right to continuance of any benefits.................... G 12
30A. Power of Director or authorized person to prohibit flight............G 12
31. Proceedings for an offence against the regulations............... G 13

PART V

TRANSITIONAL

32. Transitional...................................G 13

PART VI

CITATION

33. Citation...................................... G 13

Schedule. Forms........................................ G 14





AIR TRANSPORT (LICENSING OF AIR SERVICES)
REGULATIONS

[By the Governor under 26 Geo. 5 & 1 Edw. 8 c. 44,
section 5, as applied by S.R. & O. 1937 No. 378
(G. N. 602/37) and S. R. & O. 1947 No. 2738.]*

[4 November 1949.]

PART I

INTERPRETATION

1. In these regulations and the Schedule, unless the context
otherwise requires

'air service' means any service performed by any aircraft for hire or
reward:

Provided that a member of a club carried in an aircraft
belonging to the club for the purposes of instruction shall not. if
the instructor is also a member of the club, be deemed to be carried
for hire or reward, notwithstanding that payment is made for such
instruction or carriage;

'air services arrangements' means

(a) any inter-governmental air services agreement or
arrangements; and

(b) any agreement between operators concerning air services,

and includes any such agreement or arrangements between the
Government of Hong Kong and the Government of the United
Kingdom;

'authorized person' means any person authorized by the Director of
Civil Aviation, either generally or in relation to a particular case or
class of cases;

'Board of Trade' means the Board of Trade of the United Kingdom;

'Colony' means the Colony of Hong Kong;

'Convention on International Civil Aviation' and 'International Air
Services Transit Agreement' mean respectively, the Convention
and the Agreement so styled which were signed at Chicago on
behalf of the Government of the United Kingdom on 7 December
1944;

'Director of Civil Aviation' means the person for the time being
lawfully discharging in the Colony the functions of the office of
Director of Civil Aviation;

'licence' means a licence granted under regulation 5:

* Note:In force by virtue of S.R. & 0. 1952 No. 868, Article 6 (G.N.A. 161/52).





'Licensing Authority' means the Air Transport Licensing Authority
constituted by regulation 4;

'operating permit' means a licence granted under regulation 20A;

permit means a permit granted under regulation 23;

'provisional licence' means a licence granted under regulation 13 or 14;

' scheduled journey' means one of a series of journeys which are
undertaken between the same two places and which together
amount to a systematic service operated in such a manner that the
benefits thereof are available to members of the public from time to
time seeking to take advantage of them.

PART II

LICENCES AND OPERATING PERMITS FOR SCHEDULED
JOURNEYS

2. Part II shall not apply to the carriage of passengers, mail or
cargo by air for hire or reward upon journeys other than scheduled
journeys.

3. (1 ) Subject to the provisions of these regulations, no person
shall use any aircraft for the carriage in the Colony of passengers. mail
or cargo for hire or reward upon any scheduled journey between two
places, one of which is in the Colony, except under and in accordance
with the provisions of

(a)in the case of an aircraft which is registered in a country or
place other than

(i) [Deleted, L.N. 22/85]

(ii) any of the Channel Islands or the Isle of Man;

(iii) any colony for the government of which Her Majesty's
Government in the United Kingdom is responsible; or

(iv) any country or place; outside Her Majesty's
dominions, in which for the time being She has jurisdiction in
right of Her Majesty's Government in the United Kingdom,

an operating permit which has been granted to the operator of
the aircraft;

(b)in any other case, a licence or provisional licence granted by
the Licensing Authority.

(2) Any person who uses any aircraft in contravention of the
provisions of this regulation shall be liable on conviction in the case of
a first offence to a fine of $7,000 or to imprisonment for 3 months or to
both such fine and such imprisonment, and in the case of a second or
subsequent offence to a fine of 570,000 or to imprisonment for 2 years
or to both such fine and such imprisonment.





(3) The provisions of this regulation shall not apply in respect of
the aircraft of any State, which is a party to the International Air
Services Transit Agreement, which fly across the Colony without
landing, or land in the Colony in accordance with the provisions of that
Agreement.

(4) Notwithstanding the provisions of paragraph (1), a person may
use an aircraft under and in accordance with the provisions of

(a)a licence granted by the Licensing Authority under
regulation 5; or

(b)a provisional licence granted by, the Licensing Authority
under regulation 13,

if such licence or provisional licence, as the case may be, was granted
before the commencement of the Air Transport (Licensing of Air
Service) (Amendment) Regulations 1969, other than regulation 10
thereof.

4. (1) The Licensing Authority for the purposes of this Part shall
consist of such number of members, not being less than 3, as the
Governor may from time to time determine, and shall be known as the
'Air Transport Licensing Authority'.

(2) Every member of the Licensing Authority shall be appointed
by the Governor, and. unless he shall earlier resign his office by writing
under his hand addressed to the Governor. shall hold office for such
term as the Governor shall at the time of making the appointment
determine but shall be eligible for reappointment from time to time on
the expiration of his term of office. The Governor shall nominate one of
the members to be Chairman.

(3) The Governor may from time to time appoint deputy members
to act in the place of members who are ill or absent. Such deputy
members may be appointed either for a specified term or to act in the
place of a specified member during his illness or absence.

(4) The Governor may remove any member or deputy member from
his office for inability or misbehaviour.

(5) Where the Governor proposes to appoint a person to be a
member or deputy member of the Licensing Authority, he shall, before
making the appointment require that person to declare whether he has
any, and if so what, financial interest in any undertaking which
provides transport for passengers or goods or which owns or operates
aerodromes, manufactures aircraft, aircraft engines or accessories, or
supplies aircraft fuel or lubricants. If any member or deputy member of
the Licensing Authority acquires any such financial interest he shall,
within 4 weeks after so doing, give notice thereof in writing to the
Governor specifying the interest so acquired, and the Governor after
taking the matter into consideration may, if he thinks fit, declare that the
member or deputy member has vacated his office and the seat of such
member or deputy member shall thereupon become vacant.





(6)(a) The Governor may appoint a person to be secretary to
the Licensing Authority.

(b)The Licensing Authority may appoint such other officers
and servants as may, in the opinion of the Governor, be
necessary to enable them to discharge their duties.

(e)The number of members which shall form a quorum of the
Licensing Authority for the dispatch of business, and the
way in which the Licensing Authority shall determine
questions for their decision shall be such as the Governor
may prescribe.

5. (1) The Licensing Authority may grant to any person
applying therefor a licence to carry passengers, mail or cargo by air
for hire or reward on such scheduled journeys, and subject to such
conditions, as may be specified in the licence..

(2) The Licensing Authority may attach such conditions to
any licence as they may think fit having regard to the nature and
circumstances of the application therefor.

(3) It shall be a condition of every licence that-

(a)the holder of the licence and any person having a financial
interest in the business of the holder of the licence shall
refrain from stipulating that any other person shall-
(i) refuse booking facilities to any other holder of a
licence;
(ii) grant such facilities to such other holder only on
onerous terms; and
(b)the holder of the licence shall perform all such reasonable
services as the Postmaster General may from time to time
require in regard to the conveyance of mails (and of any
persons who may be in charge thereof) upon journeys
made under the licence. The remuneration for any such
services shall be such as may from time to time be deter-
mined by agreement between the Postmaster General and
the holder of the licence:

Provided that any disputes and disagreements shall be
subject to arbitration under the Arbitration Ordinance.

6. Applications for licences shall be made in the form and
manner, and shall contain the particulars prescribed in Form 1 in the
Schedule. Every applicant shall furnish to the Licensing Authority
such further information as the Licensing Authority may reasonably
require for the discharge of their duties in relation to the application.

7. The Licensing Authority shall cause to be published, in the
manner prescribed in Form 2 in the Schedule such particulars of any
applications for licences received by them as are prescribed in the
said Form 2.





8. Responsible persons or bodies who may reasonably be
considered by the Governor to have an interest private or public in
the matter of the issue or refusal of a licence may, in the form and
manner, and within the time, prescribed in Form 3 in the Schedule,
make representations or objections with regard to any application
for a licence.

9. The Licensing Authority may, if they think fit, for the
purpose of determining applications for licences, hold inquiries in
public or in private and shall hold an inquiry in public if the
applicant, or any person who has duly made an objection, requires
the Licensing Authority, by such notice, in such form, as is
prescribed in Form 4 in the Schedule so to do. Before holding any
such inquiry the Licensing Authority shall give to the applicant and
to any person who has duly made representations or objections with
regard to the application, such notice, in such form, as is prescribed
in the said Form 4 and shall give the applicant and any such person
an opportunity of being heard at the inquiry.

10. Where an application is made to the Licensing Authority
for a licence to remain in force for a period not exceeding 30 days
and they are satisfied that it is in the public interest that the
application should be determined with expedition, they may deter-
mine the application and grant a licence accordingly; and the
provisions of this Part as to the publication of particulars of
applications, the making of objections and representations, and the
holding of inquiries at the instance of the applicant or an objector
shall not in that case apply.

11. In exercising their discretion to grant, or to refuse, a licence
and their discretion to attach conditions to any licence the Licensing
Authority shall have regard to the co-ordination and development
of air services generally with the object of ensuring the most effective
service to the public while avoiding uneconomical overlapping and
generally to the interests of the public, including those of persons
requiring or likely to require facilities for air transport, as well as
those of persons providing such facilities. In particular the Licensing
Authority shall have regard to the following matters-

(a)the existence of other air services in the area through which
the proposed services are to be operated;

(b) the demand for air transport in that area;

(c)the degree of efficiency and regularity of the air services,
if any, already provided in that area, whether by the
applicant or by other operators;

(d)the period for which such services have been operated by
the applicant or by other operators;

(e)the extent to which it is probable that the applicant will be
able to provide a satisfactory service in respect of safety,





continuity, regularity of operation, frequency, punctuality,
reasonableness of charges, and general efficiency;

the financial resources of the applicant;

(g) the type of aircraft proposed to be used;

(h)the remuneration and general conditions of employment of
aircrew and other personnel employed by the applicant,

and the Licensing Authority shall take into consideration any
objections or representations duly made in accordance with the
provision of these regulations.

12. The Licensing Authority may grant licences to remain in force
for such period, not exceeding 5 years, as they may in each case
determine; commencing on the date on which the licence is expressed
to take effect:

Provided that if, on the date of the expiration of a licence, an
application to the Licensing Authority is pending for the grant of a new
licence in substitution for an existing licence held by the applicant, the
existing licence shall continue in force uniti the application is granted or
refused.

13. The Licensing Authority may if they think fit. pending the
determination of an application for a licence, grant to the applicant a
provisional licence which shall remain in force until the application is
determined.

14. Where a person has, within one month of the date when the
provisions of these regulations as to applications for licences come into
operation, duly applied for a licence authorizing him to perform such
journeys as may be necessary to enable him to continue to operate any
air service and satisfies the Licensing Authority that he was
immediately before that date operating that service the Licensing
Authority shall grant to the applicant a provisional licence authorizing
him to continue to operate that service and such provisional licence
shall remain in force-

(a)if the application is granted, until the date from which the
licence is expressed to take effect; or

(b)if the application is refused, for a period of 3 months, from the
date of the decision of the Licensing Authority.

15. The Licensing Authority shall cause to be published in the
manner prescribed in Form 5 in the Schedule such particulars of their
decisions on applications for licences and of their decisions to revoke
or suspend a licence as are prescribed in the said Form 5.

16. (1) Subject to the provisions of paragraph (2), the Licensing
Authority may revoke or suspend a licence if

(a)the holder of the licence has. since the licence was granted,
been convicted of an offence against regulation 3 or 22; or





(b)where the holder of the licence is a body corporate, any
officer of that body corporate has, since the licence was
granted, been convicted, in his capacity as such officer, of an
offence against regulation 3 or 22; or

(c)the holder of the licence has failed to comply with any
condition subject to which the licence was granted.

(2) Before revoking or suspending any licence under paragraph
(1)(c), the Licensing Authority shall give to the holder of the licence
such notice as is prescribed in Form 6 in the Schedule specifying the
grounds upon which it is proposed to revoke or suspend the licence,
and shall not revoke or suspend the licence unless they are satisfied,
after holding a public inquiry if the holder of the licence (by such
notice, in such form as is prescribed in the said Form 6) requires them
so to do, that, owing to the frequency of the failure on the part of the
holder to comply with conditions or to the failure having been wilful,
the licence should be revoked or suspended.

(3) In paragraph (1)(b), 'officer' means a director, general
manager, secretary or other similar officer and includes any person.
who with the authority of the body corporate, acts as such officer.

17. A licence may at any time be surrendered by the holder to the
Licensing Authority for cancellation. If, during the currency of a
licence, the holder applies to the Licensing Authority for a new licence
in substitution for the current licence, he shall, if a new licence is
granted, surrender the current licence for cancellation on the date from
which the new licence is expressed to take effect.

18. (1) There shall be paid to the Director of Accounting Services
in respect of every licence a fee of 5160 in respect of each year or part
of a year of the term for which the licence is expressed to remain in
force.

(2) There shall be paid to the Director of Accounting Services in
respect of any provisional licence granted under regulation 14 a fee of
532.

(3) No refund of any fee paid in respect of the grant of a licence
shall be made, whether on the surrender of the licence or otherwise,
save where a licence is surrendered before its normal date of expiry
upon the grant of a new licence authorizing a service over the same
route, in which case there shall be refunded the sum of $160 for each
full year of the unexpired period of the licence but the holder shall in
addition to the normal fee for the new licence pay the special additional
fee of $32.

19. The holder of a licence shall, if required by the Licensing
Authority, make a return in writing to the Licensing Authority within a
specified time giving in respect of a specified period the particulars set
out in Form 7 in the Schedule with regard to all air services authorized
by the licence.





20. The Licensing Authority shall make an annual report to the
Governor as to the exercise of their functions during the year.

20A. (1) The Director of Civil Aviation may grant an operating
permit to an operator and, in the exercise of his functions under this
paragraph, shall have regard to any relevant air services arrangements.

(2) An operating permit shall contain such conditions as the
Director of Civil Aviation may consider neccessary or expedient
including such conditions as he may consider necessary or expedient to
give effect to any air services arrangements.

(3) Subject to paragraphs (4) and (5) an operating permit shall be in
force for such period as may be specified therein commencing with the
date on which the permit is expressed to take effect.

(4) The Director of Civil Aviation may, if he thinks fit, provisionally
suspend an operating permit pending inquiry into or consideration of
the case.

(5) The Director of Civil Aviation may, at any time, by notice to the
operator, revoke, suspend or vary an operating permit or substitute a
new operating permit for a previous operating permit

(a)where this is necessary or expedient to give effect to any
variation in the air services arrangements; or

(b)on sufficient ground being shown to his satisfaction after due
inquiry.

PART III

PERMITS FOR JOURNEYS OTHER THAN SCHEDULED JOURNEYS

21. Part III shall not apply to the carriage of passengers, mail or
cargo by air for hire or reward on scheduled journeys.

22. (1) Subject to the provisions of these regulations, it shall not be
lawful for any person to use any aircraft for the provision in the Colony
or of any air service except under, and in accordance with the
conditions of, a permit granted by the Director of Civil Aviation.

(2) Any person who uses any aircraft in contravention of the
provisions of this regulation shall be liable on conviction in the case of
a first offence to a fine of $4,000 or to imprisonment for 3 months or to
both such fine and such imprisonment and in the case of a second or
subsequent offence to a fine of $32,000 or to imprisonment for 2 years
or to both such fine and such imprisonment.

(3) The provisions of this regulation shall not apply in respect of
any journey performed on the authority of Article 5 of the Convention
on International Civil Aviation if the aircraft performing the journey flies
across the Colony without landing or lands in





the Colony for non-traffic purposes only, but shall apply in respect
of any such journey if the aircraft performing the journey takes on
or discharges passengers, cargo or mail in the Colony.

23. (1) The Director of Civil Aviation may grant to any
person applying therefor a permit to use aircraft for the provision in
the Colony of such air services (other than such a service as is
referred to in regulation 3(1) ) for such period and on such condi-
tions as may be specified in the permit.

(2) The Director of Civil Aviation may attach such conditions
to any permit as he may think fit having regard to the nature and
circumstances of the application therefor.

24. Applications for permits shall be made in such form, and
shall contain such information as the Director of Civil Aviation may
require.

25. (1) The Director of Civil Aviation may revoke or suspend
any permit if-

(a)the holder of the permit has, since the permit was granted,
been convicted of an offence against regulation 3 or 22; or
(b)where the holder of the permit is a body corporate, any
officer of that body corporate has, since the permit was
granted, been convicted, in his capacity as such officer, of
an offence against regulation 3 or 22; or

(c)the holder of the permit has failed to comply with any
condition subject to which the permit was granted.

(2) In paragraph (1)(b), 'officer' means a director, general
manager, secretary or other similar officer and includes any person
who, with the authority of the body corporate, acts as such officer.

PART IV

GENERAL PROVISIONS

26. It shall be a condition of every licence, operating permit or
permit that the requirements of any law or instrument having the
force of law, for the time being in force in the Colony, relating to air
navigation or air transport shall be complied with at all times during
the currency of the licence, operating permit or permit in connexion
with all journeys made under the licence, operating permit or permit.

27. A licence, operating permit or permit shall not be capable
of being transferred or assigned:
Provided that in the event of the death, incapacity, bankruptcy,
sequestration or liquidation of the holder of a licence, operating
permit or permit, or of the appointment of a receiver or manager or





trustee in relation to the business of the holder of a licence, operating
permit or permit the person for the time being carrying on that
business shall, if within 14 days of his commencing so to do, he
makes application to the Licensing Authority or the Director of
Civil Aviation (as the case may be) for a new licence, operating
permit or permit, be entitled to provide the air services authorized by
the existing licence, operating permit or permit subject to the
conditions thereof, until the application is determined.

28. Nothing in these regulations shall require the disclosure by
any applicant for a licence, operating permit or permit to any person
other than the Licensing Authority or the Director of Civil Aviation
(as the case may be) of information as to the financial resources of
the applicant and any such information received by the Licensing
Authority or the Director of Civil Aviation from any such applicant
shall be treated as confidential.

29. Any references to a licence in regulation 5(2) and (3),
regulations 19, 26, 27 and 30 shall be construed as including
references to a provisional licence.

30. Nothing in these regulations shall confer upon the holder
of a licence, operating permit or permit or upon any other person
any right to the continuance of any benefits arising from the provi-
sions of these regulations or from any licence, operating permit or
permit granted thereunder or from any conditions attached to any
such licence, operating permit or permit.

30A. (1) Where it appears to the Director of Civil Aviation or
an authorized person that any aircraft is intended or is likely to be
flown in such circumstances that any provision of regulation 3 or 22
would be contravened in relation to the flight, the Director of Civil
Aviation or an authorized person may-

(a)direct the operator or commander of the aircraft that he is
not to permit the aircraft to make the particular flight or
any other flight of such description as may be specified in
the direction, until the direction has been revoked by the
Director of Civil Aviation or by an authorized person; and

(b) take such steps as are necessary to detain the aircraft.

(2) For the purposes of paragraph (1), the Director of Civil
Aviation and an authorized person may enter upon and inspect any
aircraft.

(3) Any person who, being the operator or commander of an
aircraft, contravenes any direction given to him under paragraph
(1)(a) shall be guilty of an offence and shall be liable on conviction to
a fine of $7,000 or to imprisonment for 3 months.





31. (1) Proceedings for an offence against these regulations
shall not be instituted except with the consent of the Attorney
General.

(2) Where an offence against these regulations has been com-
mitted by a body corporate, every person who, at the time of the
commission of the offence was a director, general manager, secretary
or other similar officer of the body corporate, or was purporting to
act in any such capacity, shall be deemed to be guilty of that
offence, unless he proves that the offence was committed without
his consent or connivance and that he exercised all such diligence to
prevent the commission of the offence as he ought to have exercised
having regard to the nature of his functions in that capacity and to
all the circumstances.

PART V

TRANSITIONAL

32. (1) Any licence authorizing the use of any aircraft regis-
tered in the United Kingdom for any carriage described in regula-
tion 3 shall, upon the coming into force* of the Air Transport
(Licensing of Air Services) (Amendment) Regulations 1985, be
cancelled, but this paragraph is without prejudice to the power of
the Director of Civil Aviation to grant an operating permit in
accordance with regulation 20A in place of the cancelled licence.

(2) An operating permit granted by the Board of Trade or the
Secretary of State and in force immediately prior to the commence-
ment of the Air Transport (Licensing of Air Services) (Amendment)
Regulations 1985 shall-

(a)continue in force until the date on which it would other-
wise have expired or until 31 March 1986, whichever is the
earlier, and thereafter be cancelled;

(b)be deemed to have been granted by the Director of Civil
Aviation under regulation 20A, and the provisions of that
regulation shall apply accordingly.

PART VI

CITATION

33. These regulations may be cited as the Air Transport
(Licensing of Air Services) Regulations.





SCHEDULE
FORM 1 [reg. 6.]
Hong Kong
APPLICATION FOR LICENCE TO OPERATE A SCHEDULED SERVICE
(ToThe Licensing A Authority through the (Director of Civil A Aviation

1............................APPLICANT (full name)

If a body corporate give full particulars and title of applicant.

2. Nationality of Applicant(s)
.................................................................................
3. Country in which aircraft are registered
..............................................................
4. Registered business address (a) Head Office:
.....................................................
(b) In the Colony:
..................................................

5. Particulars of Route it is desired to operate (1) Point of Departure

---...(2) Point of final Destination

(3) Intermediate landing points
...........................................................................

(a) for traffic purposes:
..(b)
for non-traffic purposes:
.........................................................................

(c) weather alternates:

6. Period for which the Licence is required:
............................................................

7. Type of aircraft to be used and Passenger Seating Accommodation:

..

8. Crew to be carried (Number and function):
.......................................................
9. ANNEXURES: A:Proposed schedule of frequencies, with details of intended*
time tables.

B: Passenger rates (through and intermediate).

C: Freight rates ( do. )

D: Airmail conveyance rates ( do. )

E: Free baggage allowance and excess baggage rates.

F:Total number of aircraft belonging to applicant (individual
types and seating capacity).

G:Total aircrew personnel on pay-roll (e.g. pilots. co-pilots,
navigators, radio-operators, etc.).

H:Details of the insurance of the aircraft for the proposed
route.
Notice:I hereby give notice that 1 desire the Licensing Authority to conduct an
Inquiry (in Public/in Private) to consider this application.







Date ..........Signed

Title
.................................................
........

CONDITIONS
Note:Before the application overleaf is submitted by the Director of Civil
Aviation to the Licensing Authority for consideration. the applicant must
first satisfy the Director of Civil Aviation as regards:

1 . Operational procedures to be observed-including Route Capacity Schedules,
Operations Manual, Route Book for aircrew, Preparations for flight; such
documents as Flight Plans, Log-books, (Aircraft, Engine and Journey). Loadsheet;
Radio apparatus to operate on the required frequencies for the proposed Route.

2. Maintenance Manual and Schedule (based on the Air Registration Board's
(U.K.) requirements). Information is also required as to where major overhauls are
to be done; the cheeks on aircraft and engines; and the availability of adequate
spare parts.

3. Traffic handling
...........................................................................................

4. The adequacy and competence of the staff to be employed.





ENDORSEMENT OF
APPLICATION

(by the Director of Civil Aviation)

The Secretary/ Chairman,

Licensing Authority,

............................................

I CERTIFY that I have verified to the best of my knowledge and ability the
particulars given overleaf and in the Annexures; that I have examined the
applicant's proposed practises in respect of the Conditions 1, 2, 3, and 4 above,
and 1 am of the opinion that

(1) they are satisfactory;
....................................................................................

(2) they are satisfactory on condition that;
.......................................................

(3) they are unsatisfactory for the following reasons:

Date .............Signed

Title
..........................................................

FORM 2 [reg. 7.]

Hong Kong

PUBLICATION, BY LICENSING AUTHORITY, OF
PARTICULARS OF
APPLICATION(S) TO OPERATE SCHEDULED AIR
SERVICE(S)

In accordance with the provisions of regulation 7 of the Air Transport
(Licensing of Air Services) Regulations, the Licensing Authority of the Colony
hereby publish prescribed particulars of the undermentioned application(s) to
operate Scheduled Air Service(s) in, to and from the Colony.

Any representations regarding, or objections thereto,-in accordance with
regulation 8 must be received by the Licensing Authority within 14 days after the
date of the first publication of this Notice; and any Notice, requiring the holding
of a public inquiry must be received within 14 days after the date of the first
publication of this Notice, in Form 3.

PARTICULARS OF APPLICATION(S) TO
OPERATE
SCHEDULED AIR SERVICE(S)

1 Applicant:

2. Date of first publication of application: ..............................................................

3. Route applied for:

4. Purposes of Services (Passenger, Freight, Mails): ................................................

5. Points of departure, final destination and intermediate points of call:

..







6. Frequency of flights:
7. Provisional time table:
8. of aircraft:

Date .............Signed

Chairman,
Licensing Authority.





FORm 3 [reg. 8.]

Hong Kong

Name: ......................................................
Address: ...................................................
Date: ........................................................
Occupation: ..............................................

The Secretary/ Chairman, Licensing Authority.

REPRESENTATIONS OR OBJECTIONS
REGARDING
PROPOSED SCHEDULED AIR SERVICE(S)

With reference to the published Notice dated .....................................................

regarding the undermentioned application to operate a Scheduled Air Serviceand in accordance
with regulations 7 and 8 of the Air Transport (Licensing of Air Services) Regulations-I beg to
submit representations/ objections relating thereto: *and I hereby give notice (in accordance with
regulation 9) that 1 require the Licensing Authority to hold a public inquiry before the said
application shall be determined.

2. The application referred to is that from

Applicant:
To operate a.........service...from
...................................to ..

3. Representations/Object ions are as follows:-

Date ..............Signed

Delete all the words if a public inquiry is NOT desired. Such Notice must be received by the
Licensing Authority within 14 days of the date of the first publication of the application.

FORm 4 [reg. 9.]

Hong Kong

NOTIFICATION OF INQUIRY BEFORE DETERMINING
APPLICATIONS)
TO OPERATE SCHEDULED AIR SERVICE(S)

From: The Secretary, Licensing Authority

Address: ................................

Date: .................................................................

To:

Sir/Madam:

I am directed to notify you-in accordance with regulation 9 of the Air Transport
(Licensing of Air Services) Regulations that the Licensing Authority will hold

a private/public inquiry to consider the application by ..............................................

.......................................

for a licence licence ...to operate the route .......................................
and to invite you to attend this inquiry-for the purpose of being heard with regard to the said
application.





2. The inquiry will be held on (date)
................................................................

at the hour of ....at (place of meeting)

..and I am to request you to notify me at
once

whether or not you will be present or represented.

Signed
......................................................
..Secretary, Licensing
Authority

REPLY.

Name:..Address:
..Date:
..The Secretary,

Licensing Authority. Sir,

I hereby acknowledge receipt of your Notification dated
....................................

Delete I shall
I shall not
whichever is - be presented or represented by
inapplicable.
* at the inquiry to
be held on

(date)
..........................................................................................................................

Signed
...............................................................

FORM 5 [reg. 15.]

Hong Kong

PUBLICATION OF DECISIONS OF THE LICENSING AUTHORITY
REGARDING GRANT, REFUSAL, SUSPENSION, OR
REVOCATION OF LICENCES

In accordance with the provisions of regulations 15 and 16 of the Air
Transport (Licensing of Air Services) Regulations, the Licensing Authority of the
Colony hereby publish the following particulars of their decisions regarding the
grant, conditional grant, or refusal of a licence to operate the undermentioned
proposed Service(s) and/ or of their revocation or suspension of existing licence(s)
to operate the Service(s) specified.

Applicant or Licence Holder:
.....................................................................................

Licence No.:
...............................................................................................................

Date of application or licence:
....................................................................................

Route(s):






.....................................................................................................................

Frequency of flights:
...................................................................................................

Time table:
..................................................................................................................

Type of aircraft:
..........................................................................................................





DECISION(S)

(The reasons stated are at the discretion of the Licensing Authority

(1) Licence granted (no reason)
................................................................................
(2) Application refused for the following reason(s)
..................................................

(3) Licence No . revoked, for the following reason(s)
..............
(4) Licence No . suspended, for the following reason(s)

Date ...............Signed
...................

...............Secretary
Licensing Authority

.................FORM 6 [reg. 16.]
.................Hong Kong
.................NOTIFICATION OF INQUIRY CONCERNING THE REVOCATION/ SUSPENSION
.................OF A LICENCE TO OPERATE SCHEDULED AIR SERVICE(S)
.................From: The Secretary. Licensing Authority.
.................Address:

Date:
........................................................
.........

To:
....................................
...

Sir/Madam:

I am directed to notify you-in accordance with regulation 16(2) of the Air Transport (Licensing
of Air Services) Regulations-that the Licensing Authority of the Colony will hold a private, public
inquiry to consider the REVOCATION SUSPENSION of the Licence you hold No .
...........................................................
to operate the Route .................on the grounds set out below. and to
invite you to be present. 1 am also to request you to state (a) if vou will be present or represented,
and (b) if you desire the inquiry to be held in public. The meeting
will take place at (place) ...........on
(date) ...............................at the hour of

Signed
.......................................................
........

Secretary, Licensing Authority,

REPLY.

From:
.......................................................
........
Address:
.......................................................
....
Date:
.......................................................






..........

The Secretary,

Licensing Authority.

Sir,

I hereby acknowledge receipt of your notification dated .....................................

..and inform you that I shall be present or represented
by ...................................at the meeting, which 1 desire

should be held in private/public.

Signed
........................................................
.......





FORm 7 [reg. 19.]

Hong Kong

RETURNS from ............................................................................................................

Licensed Operator of Route
.......................................................................................

Period from .....to

To:
..............................................................................................................................

Subjoined please find the prescribed Returns in respect of Licence

No . ............held by
to operate route from with
intermediate stages indicated below.

Date ............Signed

Intermediate Stages From To



Type of aircraft:

Frequency of services.






OTHER REMARKS.

Signed ...................................

Title ..................................................................
Date ..................................................................





ROYAL WARRANT.

THE CADET FORCES MEDAL.

[Published in the Gazette as G.N.A. 82/50.]

GEORGE R.

GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland and
the British Dominions beyond the Seas, King, Defender of the
Faith, to all to whom these Presents shall come, Greeting!

WHEREAS We are desirous of honouring those who have
rendered long and meritorious service as Officers, Chief Petty Officer
Instructors and adult Warrant Officers in or with the Services Cadets.

We do by these Presents for Us, Our Heirs and Successors
institute and create a new Medal and we do hereby direct that it shall be
governed by the following rules and ordinances.

First: Style.-The Medal shall be designated and styled 'The Cadet
Forces Medal'.

Secondly: Description.-The award shall be in cupro-nickel in the
form of a circular Medal bearing on the obverse the Crowned
Effigy of the Sovereign and on the reverse the inscription
'The Cadet Forces Medal', and a representation of a torch.
The name of the recipient shall be stamped on the rim of the
Medal.

Thirdly: Ribbon.-The Medal shall be worn on the left breast
suspended from a ribbon one and a quarter inches in width
which shall be in colour green with yellow edges, narrow
stripes of dark blue, red and light blue being superimposed.
The ribbon shall be worn with the dark blue stripe further
from the left shoulder than the stripe of light blue.

Fourthly: Eligibility (Royalty).-The Medal may be worn by Us, Our
Heirs and Successors, Kings and Queens Regnant of Great
Britain, Ireland and the British Dominions beyond the Seas,
and it shall be competent for Us, Our Heirs and Successors, to
confer at Pleasure the award upon any Princes or Princesses
of the Blood Royal.


Fifthly: Eligibility (general).-Those eligible for the Medal
shall be persons granted Commissions by Ourself, Our Heirs
or Successors, or by Our Admiralty or by Our Lieutenants of
Counties or by Our Air Council, in Our Reserve or Auxiliary or
Volunteer Forces, and persons given appointments prior to
1st February, 1942, as





Officers by the Navy League or the Air League of the British
Empire, for service in Units of or with Services Cadets, who
have so served with such Commissions or appointments on or
after 3rd September, 1939, and Chief Petty Officer Instructors
and adult Warrant Officers of Services Cadets who were
serving as such on or after 3rd September, 1939, such Services
Cadets having been raised in Our United Kingdom of Great
Britain and Northern Ireland, any of Our Colonies or a territory
under Our protection; or within any other part of Our
Dominions Our Government whereof shall desire to take part in
the grant of the award. under Regulations approved by Us, or
within any territory under Our protection administered by Us
in such Government.

Sixthly: Service required.-The period of service requisite for the
award shall be twelve years qualifying service subsequent to
3rd September, 1926, inclusive, as defined in the regulations
hereinafter mentioned, qualifying service during the Second
World War, in the period 3rd September, 1939, to 2nd
September, 1945, being reckoned two-fold. Service which has
been, or may be, reckoned as qualifying service for the
Efficiency Decoration or the Efficiency Medal or the Clasps
thereto or service which has been recognized by the award of
any other alternative Efficiency or Long Service Award may
not be reckoned towards the award of the Medal.

Seventhly: Continuity.---Qualifying service shall be continuous,
exception only being made to this rule in the manner
prescribed in the Regulations hereinafter mentioned.

Eighthly: Qualifying service terminated by disability.-It shall be
competent for Our First Lord of the Admiralty, Our Secretary
of State for War or Our Secretary of State for Air, as the case
may be. or for the Governors or Officers administering the
Government, as the case may be, of Our respective Colonies or
territories under Our protection. or the appropriate Ministers
of State in any of Our Dominions, Our Government whereof
shall so desire, or within any territory under Our protection
administered by Us in such Government, in relation to the
Services Cadets within their respective jurisdiction, to approve
the special award of this Medal where qualifying service has
been terminated by disability of a permanent nature directly
attributable to qualifying service during the period 3rd
September. 1939, to 2nd September, 1945. before the
completion of the required period of qualifying service.
provided that in such cases the individual has completed
qualifying service which under the terms of this, Our Warrant,
may be reckoned as eleven years.





Ninthly: Clasp.-A Clasp to the Medal, to be attached to the ribbon
when the Medal itself is worn, and in cupronickel. may be
awarded on the completion of each additional twelve years of
qualifying service after the end of the qualifying period for the
grant of the Medal. A cupro-nickel rose Emblem denoting the
award of each Clasp shall be worn on the ribbon when the
ribbon only is worn.

Tenthly: Certificate of efficiency.-No person shall be recommended
for the Medal or Clasp unless, having completed the
qualifying period of service, it is certified that he is, or was
when he last served, efficient and in every way deserving of
the award.

Eleventhly: Registration.-The names of all those to whom the
Medal or Clasp is awarded shall be recorded in the manner
prescribed in the Regulations hereinafter mentioned.

Twelfthly: Order of wear.-In the official list showing the order in
which Orders, Decorations and Medals are worn the Cadet
Forces Medal shall be placed after The King's Medal for
Champion Shots in the Military Forces and before the Rocket
Apparatus Volunteer Long Service Medal.

Thirteenthly: Miniatures.-Reproductions of the Medal, known as
miniature Medals, which may be worn on certain occasions by
those to whom the Medal is awarded, shall be approximately
half the size of the Cadet Forces Medal, and a sealed pattern
of the miniature Medal shall be kept in the Central Chancery of
Our Orders of Knighthood.

Fourteenthly: Forfeiture, and Restoration.-It shall be competent
for Our First Lord of the Admiralty, Our Secretary of State for
War, or Our Secretary of State for Air. as the case may be, or
for the Governors or Officers administering the Government,
as the case may be, of Our respective Colonies or territories
under Our protection. or for the appropriate Ministers of State
in any of Our Dominions, Our Government whereof shall as
desire, or within any territory under Our protection
administered by Us in such Government, in relation to the
Services Cadets within their respective jurisdiction, to cancel
and annul the conferment of the Medal or Clasp on any
person, under the conditions laid down in the Regulations
hereinafter mentioned, and also to restore a forfeited award
under those Regulations.

Fifteenthly: Regulations.-The award shall be conferred under such
Regulations as to grant, forfeiture, restoration





and other matters, in amplification of this Our Warrant, as may
with Our approval be issued from time to time by Our First
Lord of the Admiralty, Our Secretary of State for War, or Our
Secretary of State for Air, as the case may be, after agreement
has been reached between those three Ministers and Our
Prime Minister, or subject to the agreement of the aforesaid
Ministers. by the Governors or Officers administering the
Government, as the case may be, of Our respective Colonies or
territories under Our protection, in relation to the Services
Cadets within their respective jurisdiction, or by the
appropriate Minister of State in any of Our Dominions, Our
Government whereof shall so desire, or within any territory
under Our protection administered by Us in such Government.

Lastly: Annulment, &c., of rules and ordinances.-We reserve to
Ourself. Our Heirs and Successors. full power of annulling,
altering, abrogating, augmenting. interpreting, or dispensing
with these rules and ordinances, or any part thereof, by a
notification under Our Sign Manual.

GIVEN at Our Court at St. James's, this first day of February, one
thousand nine hundred and fifty, in the fourteenth year of Our Reign.

By His Majesty's Command.

C. R. ATTLEE.





THE CADET FORCES MEDAL REGULATIONS.

[Published in the Gazette as G.N.A. 82/50.]

Made by the First Lord of the Admiralty, the Secretary of State for
War and the Secretary of State for Air, with the agreement of the Prime
Minister, under the terms of the Royal Warrant, and approved by The
King.

February, 1950.

1. Eligibility.

'Services Cadets' shall mean, in the United Kingdom, service in
'open' or 'closed' Units of the Sea Cadet Corps, the Combined Cadet
Force, the Junior Training Corps, the Officers Training Corps, the Army
Cadet Force, or the Air Training Corps.

2. Qualifying service.

Qualifying service shall be

(i) Commissioned service, or enrolled service as a Chief Petty
Officer or adult Warrant Officer, in or with the following

(A)The Services Cadets, as defined in regulation 1 above.

(B)The Navy League Sea Cadets, subsequent to 3rd
September, 1926, and up to 1st February, 1942, inclusive.

(C) The Cadet Force administered by the British National
Cadet Association from the formation of that
Association in 1930 until 1st February, 1942, or
subsequent to 3rd September, 1926, in the Cadet Force
which existed in the United Kingdom before the
formation of that Association.

(D) The Air Defence Cadet Corps administered by the Air
League of the British Empire from 1st July, 1938,
inclusive, until the formation of the Air Training Corps
on 1st February, 1941.

(E) Any officially recognized Services Cadets of any country
of the British Commonwealth, provided that the service
shall not be reckoned at the same time for any similar
award under the regulations of the country concerned.

(ii) Commissioned or other service in the following

(A) During hostilities, the Armed Forces of the Crown or the
Merchant Navy.





(B) In peace-time conditions, the Reserve or Auxiliary Forces,
as specified by the Board of Admiralty, the Army Council
or Air Council, involving a liability to regular periodic
training.

(C)In peace-time conditions, the Armed Forces of the Crown
involving compulsory full-time service.

provided, under (ii) (A), (B), or (C),

(a)that such service shall be reckoned as qualifying
service only where it has interrupted continuous
qualifying service in the Cadet Forces,

(b)that such service shall not have been recognized by
the award of an alternative Efficiency or Long
Service award,

and provided, under (ii), (B). or (C),

(c)that such regular periodic training or compulsory
service shall have been carried out by the candidate.

1. Territorial (General List) service with Cadets.

Service with Cadets of Officers with Territorial (General List)
Commissions is not counted as qualifying service for the Efficiency
Decoration except in the case of ex-Junior Training Corps officers who
will be permitted to complete that current period for the award of the
Decoration or a Clasp, as the case may be, and having completed that
period will cease to be eligible to qualify for a Clasp and further Clasps
and will begin to qualify for the Medal.

4. Cadet service.

Service as a Cadet will not in any circumstances be reckoned as
qualifying service.

5. Continuity of service.

Qualifying service shall be continuous. exception being made at the
discretion of the First Lord of the Admiralty. the Secretary of State for
War or the Secretary of State for Air, as the case may be, should a break
in qualifying service not exceed six months. Exception may also be made,
at the discretion of one of the aforementioned Ministers concemed,
when on transfer from an overseas Cadet Force of the British
Commonwealth to a United Kingdom Cadet Force. the break in
qualifying service does not exceed twelve months.

6. Honorary rank.

Service in an honorary rank, for example, as honorary Colonel of a
Cadet Unit shall not be qualifying service.





7. Registers of recipients.

Registers of those to whom the Medal has been awarded in
the United Kingdom shall be maintained at the Admiralty. War
Office and Air Ministry in relation to the Services Cadets within
their respective jurisdiction.

8. Delegated power to make awards.

Delegated power to make awards under the Royal Warrant
in the United Kingdom shall be vested in the First Lord of the
Admiralty. the Secretary of State for War and the Secretary of
State for Air, as the case may be.

9. Forfeiture.

(a)If the service of an Officer. Chief Petty Officer Instructor
or Warrant Officer is terminated for misconduct or for
neglect of duty, he shall be liable, at the discretion of the
First Lord of the Admiralty, the Secretary of State for
War or the Secretary of State for Air, as the case may
be, to forfeit the Medal.

(b)Any holder of the Medal who is convicted of treason,
sedition, mutiny, cowardice, desertion or disgraceful con-
duct of an unnatural kind, shall forfeit the Medal.

10. Restoration.

A Medal forfeited under regulation 9(a). may be restored
at the discretion of the First Lord of the Admiralty, the Secretary
of State for War or the Secretary of State for Air, as the case
may be.





BRITISH NATIONALITY.

THE DEPRIVATION OF CITIZENSHIP RULES 1950.

MADE 23RD JUNE. 1950.

[Published in the Gazette as G.N.A. 138/50.]

In pursuance of the power conferred on the Governor by
subsection (3) of section 29 of the British Nationality Act 1948, the
following rules have been made

1. (1) When the Governor refers the case of a citizen of the United
Kingdom and Colonies to a committee of inquiry under subsection (7) of
section 20 or subsection (2) of section 21 of the British Nationality Act
1948 (which relate to deprivation of citizenship of the United Kingdom
and Colonies), the committee of inquiry (in these rules referred to as
'the committee') shall, before holding the inquiry, cause notice to be
given to the person to whom the inquiry relates, stating the time when
and the place where it will be held and the nature thereof and informing
him that he will be entitled to be present and to be represented by
counsel or solicitor or, if the committee think fit. by some other person
approved by them.

(2) A notice under this rule may be given-

(a)in a case in which the address of the person concerned is
known, by causing the notice to be delivered to him
personally or by sending it to him at that address by post;

(b)in a case where that person's address is not known, by
sending it to his last known address and in such other
manner, if any. as the chairman of the committee shall
consider fit.

(3) A notice as aforesaid shall be given such time (not being less
than fourteen days) before the holding of the inquiry as the chairman of
the committee shall consider reasonably necessary.

2. A notice under rule 1 of these rules may require the person
concerned to answer it in writing and to furnish in writing to the
committee any information which they consider material, to be verified
in such manner as they may require.

3. (1) The committee shall have all such powers, rights and
privileges as are vested in the Supreme Court or in any judge thereof on
the occasion of any action, in respect of the following matters

(a)the enforcing of the attendance of witnesses and examining
them on oath, affirmation or otherwise, and the issue of a
commission or request to examine witnesses abroad;





(b) the compelling of the production of documents; and

(c) the punishing of persons guilty of contempt.

(2) A summons signed by one or more members of the committee
may be substituted for and shall be equivalent to any formal process
capable of being issued in any action for enforcing the attendance of
witnesses and compelling the production of documents.

4. The committee may act upon any information which is available,
whether or not such information is given on oath or would be admissible
as evidence in a court.

5. The committee may invite any government department which
appears to them to be interested to appoint a person to represent the
department at the inquiry.

6. (1) The committee may act notwithstanding any vacancy in their
number, and the quorum of the committee shall be three.

(2) The committee may delegate one or more of their members to
inquire into any particular matter relating to the inquiry, and the member
or members so delegated shall, for this purpose. have all the powers of
the committee other than their power of punishment.

7. The committee may postpone or adjourn the inquiry from time to
time.

& The committee may allow or refuse to allow the public or any
portion thereof to be present during the whole or any part of the inquiry.

9. Subject to these rules, the procedure at the inquiry shall be such
as the committee may determine.

10. These rules may be cited as the Deprivation of Citizenship
Rules 1950.

J. F. NICOLL,
Officer Administering the
Government.





ROYAL WARRANT.

AIR EFFICIENCY AWARD.

[Published in the Gazette as G.N.A. 5/54.]

GEORGE R.

GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland and
the British Dominions beyond the Seas. King, Defender of the
Faith. to all to whom these Presents shall come. Greeting!

WHEREAS by a Warrant under Our Sign Manual dated the 17th day
of August. 1942, we did institute and create a medal to be available for
officers and airmen and to be designated the 'Air Efficiency Award',
and whereas by a Warrant under Our Sign Manual dated the 27th day
of December, 1946. we did revise the first-mentioned Warrant:

AND WHEREAS We were pleased to approve regulations
governing the said Award, reserving to Us, Our Heirs and Successors
full power of annulling, altering, abrogating, augmenting, interpreting,
or dispensing with these Regulations or any part thereof by a
notification under Our Sign Manual.

OUR WILL MW PLEASURE IS to direct that the aforesaid
regulations be annulled and that the following regulations should
henceforth govern the said Award

1. Description. The Air Efficiency Award shall be in silver and
oval shaped bearing on the obverse, the Effigy of the Sovereign and on
the reverse. the words 'Air Efficiency Award'.

2. Clasp. The clasp shall be in silver, bearing on the obverse an
Eagle with outstretched wings surmounted by a Crown.

3. Ribbon. The award shall be worn on the left breast pendent from
a ribbon of one inch and a half in width which shall be in colour green
with two central stripes of pale blue, one eighth of an inch in width.

4. Miniatures. Reproductions in miniature, which may be worn on
certain occasions by those on whom this award is conferred, shall be
approximately half the size of the award and a sealed pattern of the
miniature award shall be kept in the Central Chancery of Our Orders of
Knighthood.

5. Eligibility (Royalty). The award may be worn by Us, Our Heirs
and Successors, Kings and Queens Regnant of Great





Britain, Ireland and the British Dominions beyond the Seas, and it shall
be competent for Us, Our Heirs and Successors, to confer at Our
Pleasure the award upon any Princes or Princesses of the blood Royal.

6. Eligibility (General.) The award and clasp may be conferred on
officers, airmen and airwomen of any Auxiliary or Volunteer Air Force
raised in Our United Kingdom of Great Britain and Northern Ireland, any
of our Colonies or a territory under Our protection, or within any other
part of Our Dominions. Our Government whereof shall so desire, or
within any territory under Our protection administered by Us in such
Government.

7. Service Required. The period of service requisite for the award
or clasp shall be ten years' qualifying service (as defined in the
regulations hereinafter mentioned) and shall include not less than five
years' actual service (as defined in the regulations hereinafter
mentioned) in an Auxiliary or Volunteer Air Force.

8. Publication and Registration. The names of those upon whom
the award is conferred shall be published and a register of those names
shall be kept in the manner prescribed in the regulations hereinafter
mentioned.

9. Forfeiture and Restoration. It shall be competent for Our Air
Council in regard to Our Royal Auxiliary Air Force and Our Royal Air
Force Volunteer Reserve. or for the Governors or Officers administering
the Government. as the case may be. in regard to the Auxiliary or
Volunteer Air Force of Our respective Colonies or territories under Our
protection, or the appropriate Minister of State in regard to the Auxiliary
or Volunteer Air Forces in any of Our Dominions, Our Government
whereof shall so desire. or within any territory under Our protection
administered by Us in such Government, to cancel and annul the
conferment of the award or clasp on any person and also to restore a
forfeited award or clasp under the conditions laid down in the
regulations hereinafter mentioned.

10. Further Regulations. The award and clasp shall be conferred
under such regulations as to grant. forfeiture. restoration and other
matters, in amplification of these Our regulations as may, with Our
approval be issued from time to time by Our Air Council in regard to Our
Royal Auxiliary Air Force and Our Royal Air Force Volunteer Reserve. or
by the Governors or Officers administering the Government, as the case
may be, in regard to the Auxiliary or Volunteer Air Forces of Our
respective Colonies or territories under Our protection, or the
appropriate





Minister of State in regard to the Auxiliary or Volunteer Air Forces in
any of Our Dominions, Our Government whereof shall so desire, or
within any territory under Our protection administered by Us in such
Government.

11. Annulment, etc. of Regulations. We reserve to Ourselves, Our
Heirs and Successors. full power of annulling, altering, abrogating,
augmenting, interpreting. or dispensing with these regulations or any
part thereof by a notification under Our Sign Manual.

GIVEN at Our Court of St. James's this 12th day of April, 1951 in
the I5th Year of Our Reign.

By His Majesty's Command,

(Signed) A. HENDERSON.





REGULATIONS GOVERNING THE AWARD OF THE AIR
EFFICIENCY
AWARD TO MEMBERS OF THE HONG KONG AUXILIARY AIR
FORCE AND THE HONG KONG WOMEN'S AUXILIARY
AIR FORCE.

[Published in the Gazette as G.N.A. 88/57.]

1. Eligibility. Volunteer Officers, airmen and airwomen of the Hong
Kong Auxiliary Air Force and the Hong Kong Women's Auxiliary Air
Force shall be eligible for the Air Efficiency Award, provided they are
qualified by service calculated under the terms of regulation 2 below,
they have completed the required periods of training, and are certified by
the responsible Air Force authorities as efficient, and in every way
deserving of the award.

2. Qualifying Service. For the purposes of regulation 7 of the Royal
Warrant. qualifying service shall be

(a)Service on an engagement which commenced before 7th
September, 1951.

(i)Service in a flying duties category in the Hong Kong
Auxiliary Air Force shall ordinarily count as time and a
half.

(ii)Other service in the Hong Kong Auxiliary Air Force or
Hong Kong Women's Auxiliary Air Force shall ordinarily
count as single time.

(b)Voluntary service on an engagement which commenced after
7th September, 1951, shall ordinarily count as in 2(a)(i) and
(ii) above.

(c) Other reckonable service---

(i) Service in a regular force in the First World War or in the
Second World War shall count as single time.

(ii) Embodied or mobilized service on a peace time
engagement in other non-regular forces in the First
World War or in the Second World War, shall count as
treble time, or to such less extent as it would have
counted for the Efficiency Award of the force in
question.

(iii) Service in other non-regular forces on an engagement
which commenced before the 3rd September, 1939. shall
count as time and a half. or to such less extent as it would
have counted for the Efficiency Award of the force in
question. Service in the classes of the Royal Air Force
Reserve which were





the predecessors of the Royal Air Force Volunteer
Reserve, shall count as if it were service in the Royal Air
Force Volunteer Reserve (but see regulation 6 below).

(iv) Service in other non-regular forces on an engagement
which commenced after the Second World War. shall
count as single time or to such less extent as it would
have counted for the Efficiency Award of the force in
question.

3. Service without training liability. Service in an auxiliary or
reserve force involving liability for service only and no liability for
training in peace, shall not reckon as qualifying service for the Air
Efficiency Award or Clasp.

4. Service already reckoned. No period of service for which
an efficiency decoration or medal, or a long service and good conduct
medal has already been awarded. shall reckon as qualifying service for
the Air Efficiency Award or Clasp.

5. Continuity. Qualifying service shall he continuous unless the
Governor, by regulation or in special circumstances, shall otherwise
direct. A break between a period of qualifying service, as defined in
regulation 2(c) above, and the date of joining the Hong Kong Auxiliary
Air Force or the Hong Kong Women's Auxiliary Air Force will not be
regarded as breaking the continuity of qualifying service, provided the
said date of joining is not later than six months after 1st March, 1949, or
twelve months in the case of persons from an overseas force.

6. Actual Service. Service on a peace time engagement in the
under-mentioned forces shall count as actual service under regulation 7
of the Royal Warrant

(a) The Hong Kong Auxiliary Air Force.

(b) The Hong Kong Women's Auxiliary Air Force.

(c)The Royal Auxiliary Air Force [excluding the Royal Auxiliary
Air Force General List and the Royal Auxiliary Air Force
Reserve (including the Royal Auxiliary Air Force Reserve of
Officers) ].

(d)The Royal Air Force Volunteer Reserve (including those
classes of the Royal Air Force Reserve which were
predecessors of the Royal Air Force Volunteer Reserve, i.e.
'Classes 'AA', 'BB', 'E2(b)' and 'F', provided the invitation
to transfer to the Royal Air Force Volunteer Reserve, on its
formation, was accepted).

(e) The Women's Auxiliary Air Force.





7. Registration. A register of those on whom the Air Efficiency
Award has been conferred will be maintained at the Headquarters, Royal
Hong Kong Defence Force.

8. Forfeiture. Forfeiture by an officer, airman or airwoman of the Air
Efficiency Award or Clasp will be determined by the same conditions as
are laid down for the Long Service and Good Conduct Medal in Clauses
1 and 2 of paragraph 280 of the Queen's Regulations and Air Council
Instructions for the Royal Air Force, namely

(a)The Award and Clasp shall be forfeited when the person
concerned suffers death from sentence of court martial, is
cashiered, or dismissed, removed or discharged from the
service for misconduct, or discharged in consequence of

(i) having been convicted by the Civil Power of a felony; or

(ii) a sentence of imprisonment;

(iii) a sentence to be discharged with ignominy.

(b)The Award and Clasp may be forfeited at the discretion of the
Governor when the person concerned is convicted by the Civil
Power or dealt with under section 107 of the Criminal
Procedure Ordinance, or is convicted of any of the following
offences

(i) treason,

(ii) sedition,

(iii) mutiny,

(iv) cowardice,

(v) desertion,

(vi) disgraceful conduct of an unnatural kind.

9. Restoration. An Air Efficiency Award or Clasp which has been
forfeited may be restored at the discretion of the Governor.

10. Clasp. The officers, airmen and airwomen of the Hong Kong
Auxiliary Air Force and the Hong Kong Women's Auxiliary Ait Force
Who, subsequent to the award of the medal, complete a further ten
years qualifying service, as defined 'and computed in accordance with
regulation 2 above, may be awarded a clasp to the medal.

11. Application. Application for the grant of the Air Efficiency
Award or Clasp shall be made to the Commanding Officer, Hong Kong
Auxiliary Air Force, who shall forward his recommendation to the
Governor in the form set out in the Schedule.

Eligibility. Qualifying Service. Service in the R.N.R. Service with the Cadet Forces. Wearing of other Long Service Decorations. Navy List. Deprivation. Clasp to the R.D./V.R.D. Transitional period after Unification. Application for the Decoration. Qualifying Service. Wearing of R.D./V.R.D. Application. Forfeiture or Deprivation of Medal. Restoration. Loss of Medal. Rosettes. Office of Governor constituted. Governor's powers and authorities. Publication of Governor's Commission. Oaths to be taken by Governor. 1868 c. 72. Public Seal. Executive Council. Legislative Council. (Replaced on 4.4.85.) (Amended on 9.4.1988.) (Amended on 9.4.1988.) Governor, with advice and consent of Council to make laws. (Added on 4.4.85.) Disallowance of Laws. Power of legislation reserved to the Crown. Assent to Bills. Reserved Bills. Governor and Legislative Council to observe Instructions. Disposal of lands. (Amended on 26.8.60 and 22.8.86.) Governor empowered to appoint Judges and other public officers. (Amended on 5.2.71.) Concurrent appointments. (Amended on 1.3.55.) Grant of pardon. (Amended on 5.2.71.) Remission of fines. Proviso. Banishment prohibited. Exception. Political offences. Dismissal and suspension of officers. (Amended on 30.4.38 and 17.11.67.) Tenure of office of Supreme Court or district judge. (Amended on 3.5.76 and 30.4.82.) (Replaced on 9.4.1988.) (Added on 9.4.1988.) (Replaced on 9.4.1988.) (1833 c. 41.) Acting Governor. (Amended on 17.11.67 and 17.2.77.) Deputy to Governor. (Amended on 17.11.67.) Officers and others to obey and assist Governor. Term 'the Governor' explained. Power reserved to His Majesty to revoke, alter, or amend present Letters Patent. Publication of Letters Patent. Administration of Oaths. Constitution of Executive Council. (Amended on 30.4.38; 17.11.67; 28.2.69; 24.9.76; 1.9.83; 9.4.88.) Vacation of seats. Provisional appointment of Members of the Executive Council. (Amended on 5.2.71; 9.4.88.) Such provisional appointments to be immediately reported. Governor to communicate Instructions to Executive Council. Summoning of Executive Council. (Amended on 17.11.67.) Presiding in Executive Council. (Amended on 1.3.55; 17.11.67.) Proceedings in Executive Council. (Amended on 17.11.67.) Governor to consult Executive Council. (Amended on 28.2.69.) Governor alone entitled to submit questions. Governor may act in opposition to Executive Council. Reporting grounds for so doing. Members may require their adverse opinions to be recorded on Minutes. Election to Legislative Council. (Added on 4.4.85.) Legislative Council; Suspension of Official or Appointed Members. (Replaced on 4.4.85.) Provisional appointment of members. (Amended on 30.4.38; 4.4.85.) Where there has been a vacancy. Tenure of office of Official and Appointed Members of Legislative Council. (Replaced on 4.4.85) Declaration of vacancy among Appointed Members. (Replaced on 4.4.85.) Resignation of Official or Appointed Members. (Amended on 30.4.38; 4.4.85.) Council may transact business notwithstanding vacancies. Quorum. (Amended on 28.2.69; 1.9.83.) Presiding in Legislative Council. (Amended on 1.3.55; 6.1.66; 4.4.85; 9.4.88.) Sessions and sittings of Legislative Council. (Added on 4.4.85.) (Replaced on 9.4.88.) Questions to be decided by a majority. Governor to have original and casting vote. Rules and Orders to be made. Question, etc. for debate. (Amended on 28.2.69.) Rules and regulations under which Ordinances are to be enacted. Form of enacting Ordinances. (Replaced on 22.8.86.) Ordinances to be numbered and methodically arranged. (Amended on 9.4.88.) Different subjects not to be mixed in same Ordinance. No clause to be introduced foreign to what title of Ordinance imports. Temporary Ordinances. Description of Bills not to be assented to. Proviso in cases of emergency for immediate operation of an Ordinance. Private Bills. (Amended on 17.11.67.) Ordinances, etc. to be sent home duly authenticated. (Amended on 9.4.88.) Dissolution of Council. (Added on 4.4.85.) (Replaced on 9.4.88.) Surveys and reservations to be made before waste lands are disposed of. Governor not to purchase lands. Regulation of power of pardon in capital cases. Judge's report to be laid before Executive Council. Governor to take advice of Executive Council in such cases. May exercise his own judgment; entering his reasons on Council Minutes, if unable to accept the advice of the majority. (Amended on 17.11.67.) Governor's absence. Term 'the Governor' explained. G.N. 2049/68. G.N. 2050/68. L.N. 138/71. L.N. 194/72. L.N. 95/73. L.N. 256/76. L.N. 314/76. L.N. 97/78. L.N. 217/80. L.N. 255/83. L.N. 214/84. L.N. 24/85. L.N. 189/85. L.N. 158/86. L.N. 221/87. Oath or Affirmation. L.N. 138/71. L.N. 189/85. (Cap. 11.) L.N. 189/85. Language. L.N. 138/71. [Came into effect on 18.10.72-L.N. 194/72.] Presiding in Council and in Committee of the whole Council. L.N. 221/87. Duties of the Clerk. L.N. 314/76. L.N. 255/83. L.N. 138/71. Counsel to the Legislature. L.N. 214/84. Sessions. L.N. 85/73. Proceedings at First Sitting of Session. L.N. 138/71. L.N. 189/85. (Cap. 11.) Commencement of Sittings. L.N. 85/73. Special Sittings during recess. L.N. 214/84. Hours of Sitting. L.N. 214/84. L.N. 85/73. Motions for the Adjournment of the Council. L.N. 138/71. L.N. 221/87. L.N. 221/87. L.N. 221/87. L.N. 314/76. L.N. 255/83. L.N. 221/87. L.N. 255/83. L.N. 221/87. Quorum. L.N. 138/71. L.N. 255/83. Order of Business at a Sitting. L.N. 189/85. L.N. 138/71. L.N. 221/87. L.N. 138/71. The Order Paper. L.N. 221/87. Presentation of Petitions. L.N. 255/83. L.N. 314/76. L.N. 255/83. Presentation of Papers. L.N. 138/71. L.N. 221/87. L.N. 158/86. Nature of Questions. L.N. 138/71. L.N. 221/87. Question Time. L.N. 256/76. Notice of Questions. L.N. 138/71. Contents of Questions. Asking and Answering of Questions. L.N. 138/71. L.N. 314/76. L.N. 221/87. L.N. 255/83. L.N. 138/71. L.N. 255/83. Statements by Official Members. L.N. 221/87. Notice of Motions and Amendments. L.N. 138/71. Manner of Giving Notice of Motions and Amendments. Motion and Amendments requiring Recommendation. L.N. 138/71. L.N. 255/83. L.N. 221/87. Manner of Debating Motions. L.N. 314/76. L.N. 314/76. Manner of Debating Amendments to Motions. L.N. 138/71. Withdrawal of Motions and Amendments. Time and Manner of Speaking. Occasions when a Member may speak more than once. L.N. 217/80. L.N. 217/80. L.N. 221/87. Interruptions. Adjournment of Debate or of Proceedings of a Committee. L.N. 138/71. L.N. 221/87. Contents of Speeches. Behaviour of Members not Speaking. Decision of Chair Final. Order in Council and Committee. Decision of Questions. Collection of Voices. Divisions. Form of Bills. Notice of Presentation of Bills. L.N. 214/84. L.N. 221/87. L.N. 314/76. L.N. 221/87. L.N. 255/83. Presentation and Publication of Bills. L.N. 138/71. First Reading of Bills. L.N. 138/71. Second Reading. L.N. 221/87. Committal of Bills. Functions of Committees on Bills. Amendments to Bills. L.N. 255/83. L.N. 138/71. L.N. 255/83. L.N. 221/87. Procedure in Committee of the whole Council on a Bill. L.N. 138/71. L.N. 314/76. Procedure on Reporting of Bill form Committee of the whole Council. Procedure in Select Committee on a Bill. Procedure on Reporting of Bill from a Select Committee. Procedure on Recommittal of Bill reported from Select Committee. Third Reading. L.N. 138/71. Withdrawal or postponement of Bills. L.N. 138/71. Presentation of Bill for Assent of Governor. Presentation and Second Reading of Appropriation Bill. L.N. 255/83. L.N. 255/83. Procedure in Committee of the whole Council on Appropriation Bill. L.N. 138/71. L.N. 314/76. L.N. 138/71. L.N. 221/87. L.N. 314/76. Amendments to Heads of Estimates in Committee of the whole Council on Appropriation Bill. L.N. 138/71. L.N. 221/87. Third Reading of Appropriation Bill. Supplementary Estimates and Excess Financial Provisions. L.N. 221/87. L.N. 255/83. L.N. 221/87. Supplementary appropriation Bills. L.N. 138/71. Finance Committee. L.N. 314/76. L.N. 214/84. L.N. 221/87. L.N. 255/83. (Cap. 2.) L.N. 255/83. L.N. 24/85. L.N. 314/76. L.N. 221/87. L.N. 221/87. L.N. 24/85. L.N. 221/87. L.N. 255/83. (Cap. 2.) L.N. 255/83. L.N. 24/85. Public Accounts Committee. L.N. 97/78. L.N. 221/87. L.N. 221/87. L.N. 221/87. L.N. 214/84. L.N. 214/84. L.N. 214/84. (Cap. 122.) L.N. 221/87. Select Committees. Procedure of Select Committees. Premature Publication of Evidence. L.N. 189/85. Employment of Members in Professional Capacity. Personal Pecuniary Interest to be Disclosed. L.N. 255/83. Admission of Press and Public. Withdrawal of Strangers. Suspension of Standing Orders. Procedure if Standing Orders do not provide. L.N. 138/71. Interpretation. L.N. 138/71. G.N.A. 238/49. G.N.A. 187/50. G.N.A. 165/53. L.N. 140/69. L.N. 177/71. L.N. 28/73. L.N. 16/77. L.N. 22/85. Interpretation. L.N. 22/85. L.N. 22/85. L.N. 140/69. L.N. 22/85. G.N.A. 165/53. Exceptions. Penalties. L.N. 140/69. L.N. 177/71. L.N. 22/85. L.N. 140/69. L.N. 140/69. The Air Transport Licensing Authority. Issue of Licences. (Cap. 341.) Applications for licences. Form 1. Publication of applications. Form 2. Objections and representations. Form 3. Public and private inquiries. Form 4. Emergency applications. General policy of Licensing Authority. Period licences remain in force. Provisional licences pending determination of application. Provisional licences authorizing continuation of service. Publication of decisions by Licensing authority. Form 5. Revocation of suspension of licences. Form 6. Surrender of licences. licences fees. L.N. 16/77. Returns from licensees. L.N. 28/73. Form 7. Annual report of Licensing Authority. Operating permits. L.N. 22/85. Exceptions. Penalties. G.N.A. 187/50. Issue of permits. Applications for permits. Revocation or suspension of permits. Compliance with air navigation and transport laws and regulations by licence, operating permit and permit holders. L.N. 140/69. Transfer and assignment of licences, operating permits and permits. L.N. 140/69. L.N. 177/71. L.N. 22/85. Information regarding financial resources of an applicant to be treated as confidential. L.N. 140/69. L.N. 177/71. L.N. 22/85. When provisional licences are deemed to be licences. G.N.A. 165/53. No right to continuance of any benefits. L.N. 140/69. Power of director or authorized person to prohibit flight. L.N. 140/69. Proceedings for an offence against the regulations. Transitional. L.N. 22/85. (L.N. 22/85.) [*1.2.85.] Citation. (Cap. 221) L.N. 429/84. Citation and interpretation. (Cap. 313.) Applications and exemptions. Equivalents. Surveys before issue of a Certificate. Annual survey. Intermediate survey. Issue and duration of Certificate. Responsibilities of owner and master. Procedure to be adopted when corrective action in necessary. Oil Record Book. General exceptions. Ships other than oil tankers and machinery space bilges of oil tankers. Oil tankers. Oil discharge monitoring and control system and oily-water separating and oil filtering equipment. Retention of oil on board. Methods for the prevention of oil pollution from ships operating in special areas. Interpretation of Part IV. General application. Protective location of segregated ballast spaces. Requirements for oil tankers with dedicated clean ballast tanks. Requirements crude oil washing. Existing oil tankers engaged in specific trades. Existing oil tankers having special ballast arrangements. Segregation of oil and water ballast. Tanks for oil residue (sledge). Pumping, piping and discharge arrangement of oil tankers. Interpretation of Part V. Limitation of size and arrangement of cargo tanks. Subdivision and stability. Requirements for offshore installations. Reports to be made in the event of a discharge or likely discharge. Power to inspect. Power to deny entry or detain. (1894 c. 60.) Penalties. L.N. 333/83. Citation. Interpretation. [cf. S.I. 1983/551, r. 2.] Application of regulations. [cf. S.I. 1983/551, r. 3.] Purpose of Accident Investigation. [cf. S.I. 1983/551, r. 4.] Duty to furnish information relating to accidents. [cf. S.I. 1983/551, r. 5.] Information relating to accident. [cf. S.I. 1983/551, r. 6.] Removal of damaged aircraft. [cf. S.I. 1983/551, r. 7.] Inspectors of accidents. [cf. S.I. 1983/551, r. 8.] Powers of Inspectors. [cf. S.I. 1983/551, r. 9.] Inspector's investigation and report. [cf. S.I. 1983/551, r. 10.] Notice of Inspector's report and representations thereon. [cf. S.I. 1983/551, r. 11.] Notice of review. [cf. S.I. 1983/551, r. 12.] Appointment of board of review. [cf. S.I. 1983/551, r. 13.] (Cap. 87.) Proceedings of board of review. [cf. S.I. 1983/551, r. 14.] (Cap. 11.) Publication of reports. [cf. S.I. 1983/551, r. 15.] Reopening of investigation or review. [cf. S.I. 1983/551, r. 16.] Holding of public inquiries. [cf. S.I. 1983/551, r. 17.] (Cap. 11.) Proceedings of public inquiries. [S.I. 1983/551, r. 18.] Rehearing of public inquiries. [S.I. 1983/551, r. 19.] Accidents to aircraft registered outside Hong Kong. [S.I. 1983/551, r. 20.] Extension of time. [S.I. 1983/551, r. 21.] Obstruction of investigation. [S.I. 1983/551, r. 22.] Revocation. (App. 1, p. L, 72 Ed.) G.N.A. 118/55. G.N.A. 118/55. L.N. 190/80. L.N. 77/81. L.N. 102/86. L.N. 313/86. Citation. Interpretation. (Cap. 1.) Fees. Schedule. Payment of fees to Director Official flying tests fees. Withdrawal of an aircraft from service. L.N. 77/81. L.N. 102/86. L.N. 102/86. L.N. 77/81. L.N. 313/86. L.N. 313/86. L.N. 313/86. L.N. 313/86. L.N. 313/86. L.N. 313/86. L.N. 313/86. L.N. 77/81. L.N. 344/80. L.N. 100/72. L.N. 100/72. L.N. 100/72. L.N. 100/72. L.N. 100/72. L.N. 100/72. L.N. 100/72. L.N. 136/72. L.N. 136/72. L.N. 136/72. L.N. 136/72. L.N. 136/72. L.N. 136/72. L.N. 136/72. L.N. 120/87. Citation and interpretation. (Cap. 369.) (App. I, p. BG1.) (Cap. 369.) Schedule. (Cap. 369.) Application. (App. I.p.T1.) Power of Director in respect of appointments and delegations. Fees. (Cap. 281, sub. Leg.) Transitional. Compliance with Code. Survey requirements. (Cap. 369.) Issue of Certificate of Fitness. Maintenance of conditions after survey. Equivalents. Exemptions. Loading and carriage in bulk of listed chemicals. Penalties. Power to detain. (1894, c. 60.) (App. I, p. 51.) Interpretation. L.N. 121/87. Citation and interpretation. (Cap. 369.) (App. I, p. BG1.) (Cap. 369.) Schedule. (Cap. 369.) Application. Power of Director in respect of appointments and delegations. Fees. (Cap. 281, sub. leg.) Compliance with Code. Survey requirements. (Cap. 369.) Issue of International Certificate of Fitness. Maintenance of conditions after survey. Equivalents. Exemptions. Loading and carriage in bulk of listed chemicals. Penalties. Power to detain. (1894 c. 60.) (App. I, p. T1.) Interpretation. L.N. 80/65. Citation. Service organizations prescribed for purposes of Articles 3(1)(c). L.N. 5/68. Citation. Commencement. (1967 c. 68.) Saving. L.N. 371/87. Citation. Designated Commonwealth countries. Schedule. (1967 c. 68.) L.N. 14/68. Citation. Forms. L.N. 281/83. Citation. Schedule 1. Interpretation. Schedule 2. (Cap. 281.) (Cap. 1.) Application of Part II. Schedule 2, 3 and 4. Method of tonnage measurement. Calculation of volumes. Gross tonnage. Schedule 3. Net tonnage. Schedule 3. Miscellaneous tonnages; segregated ballast oil tankers and deck cargoes. Schedule 3. Issue of Certificates. Schedule 4. Cancellation of certificates. Change of net tonnage necessitating issue of certificates. Application of Part III. Schedule 5. Application of Part IV. Schedule 5. Acceptance of foreign tonnage certificates. Ascertainment of tonnage and certification. Application of Part VI. Schedule 5. Failure to deliver up certificate. Schedule 5. Illegal carriage of goods or stores. Schedule 5. Validation of existing certificates. (App. I, p. AB, 80 ED.) (L.N. 150/80.) (Cap. 281) L.N. 67/84. Citation. Specification of equivalent amounts. Schedule. (App. III, p. CH 1.) L.N. 67/84. Citation. Specification of equivalent amounts. Schedule. (App. III, p. CG 1.) L.N. 8/69. Citation. Power of U.K. military forces to arrest members of U.S. forces. L.N. 14/69. Citation. Commencement. (L.N. 5/68.) L.N. 10/73. L.N. 103/73. Citation. Interpretation. (1956 c. 74.) (S.I. 1972/1724.) Prescribed classes of library under section 7(1) and (3). First Schedule. Prescribed classes of library under section 7(5). First Schedule. Second Schedule. Prescribed classes of library under section 15(4). First Schedule. Second Schedule. Prescribed conditions under section 7(1) and (3). Third Schedule. Prescribed conditions under section 7(1) and (3). Restriction on the making or copies. Prescribed conditions under section 15(4). (Cap. 132.) * Delete whichever is inappropriate. L.N. 104/73. Citation. Interpretation. (1956 c. 74.) (S.I. 1972/1724.) Notice to be given in a daily or Sunday newspaper. Notice to be published twice. Particulars to be given in the notice. L.N. 105/73. Citation. Interpretation. (1956 c. 74.) (S.I. 1972/1724.) Notice. Payment of royalties. Ordinary retail selling price. Inquiries. L.N. 116/87. (1979 c. 39.) (S.I. 1980/1514.) (S.I. 1981/425.) (S.I. 1984/356.) L.N. 173/87. L.N. 287/86. (S.I. 1980/1514.) (S.I. 1981/425.) (S.I. 1984/356.) L.N. 163/83. (L.N. 245/82.) L.N. 140/82. L.N. 97/75. L.N. 191/75. L.N. 75/76. L.N. 139/76. L.N. 73/77. Citation. Interpretation. (1971 c. 59.) (S.I. 1975/2169.) Definition of 'persistent oil'. Recognition of certificates. L.N. 73/77. Fees for certificates. Cancellation and delivery up of Certificates. L.N. 146/81. L.N. 140/83. L.N. 176/77. L.N. 301/85. Ending of British sovereignty and jurisdiction over Hong Kong. Short title and supplementary provisions. Section 2(2). 1981 c. 61. 1964 c. 81. L.N. 168/78. L.N. 16/81. (App. III, p. EX 1.) L.N. 247/79. L.N. 152/82. Citation. Construction and commencement. [*30.4.82.] Amendment of Article XVIA of principal Letters Patent. Power reserved to Her Majesty. L.N. 266/79. Citation. Interpretation. (1956 c. 74.) (S.I. 1972/1724.) (S.I. 1979/910.) First Schedule. (Cap. 1.) Commencement of proceedings. Forms 1, 2, 3 & 4. Application for special leave under section 26(2) or 27A(2). Forms 5 & 6. Advertisement of reference or application. objection to originator's credentials. Form 7. Form 8. Form 9. Applications to be made a party. Form 10. Objections to internvener's credentials. Form 11. Form 12. Written answer. Interveners' cases. Amendment of statement of case and answer. Directions. Interlocutory applications. Consolidation of proceedings. Procedure and evidence at hearing. Representation and rights of audience. Withdrawal of reference or application. Decision of the tribunal. Application for reference of question of law to the court. Effect of references to the court. Effect of suspension of order. Application of Arbitration Ordinance. (Cap. 341.) Costs. Fees. Second Schedule. Service of documents. Tim. Office hours. Failure to comply with directions. Power of tribunal to regulate procedure. * Delete whichever is inapplicable. * Delete if inapplicable. * Delete whichever is inapplicable. Insert as appropriate: 'Originator' 'An officer of the originator' 'Solicitor(s) for the originator' 'Agent(s) for the originator' * Delete whichever is inapplicable. * Delete whichever is inapplicable. Insert as appropriate: 'Originator' 'An officer of the originator' 'Solicitor(s) for the originator' 'Agent(s) for the originator' * Delete whichever is inapplicable. Insert as appropriate: 'Originator' 'An officer of the originator' 'Solicitor(s) for the originator' 'Agent(s) for the originator' * Delete whichever is inapplicable. * Delete whichever is inapplicable. * Delete whichever is inapplicable. Insert as appropriate: 'Originator' 'An officer of the originator' 'Solicitor(s) for the originator' 'Agent(s) for the originator' * Delete whichever is inapplicable. * Delete whichever is inapplicable. * Delete whichever is inapplicable. Insert as appropriate: 'Applicant' 'An officer of the Applicant' 'Solicitor(s) for the Applicant 'Agent(s) for the Applicant' * Delete whichever is inapplicable. * Delete whichever is inapplicable. Insert as appropriate: 'Applicant' 'An officer of the Applicant' 'Solicitor(s) for the Applicant 'Agent(s) for the Applicant' * Delete whichever is inapplicable. Insert as appropriate: 'Originator' 'An officer of the originator' 'Solicitor(s) for the originator' 'Agent(s) for the originator' * Delete whichever is inapplicable. * Delete whichever is inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. Insert as appropriate: 'Intervener' 'An officer of the Intervener' 'Solicitor(s) for the intervener' 'Agent(s) for the intervener' * Delete whichever is inapplicable. Insert as appropriate: 'Originator' 'An officer of the originator' 'Solicitor(s) for the originator' 'Agent(s) for the originator' * Delete whichever is inapplicable. * Delete whichever is inapplicable. L.N. 118/87. Citation and interpretation. (App. I, p. SI.) First Schedule. (Cap. 313.) (App. I, p. T1.) Second Schedule. First Schedule. Third Schedule. (App. I, p.K1.) (Cap. 369.) Application. Power of Director in respect of appointments and delegations. Fees. (Cap. 281, sub. leg.) Transitional. Category A substances-discharge. Category A-tank washing in all areas. First Schedule. Category A residual mixtures-discharge. Categories B and C substances-discharge. Categories B and C-unloading in all areas. Categories B and C-tank washing outside Special Areas. Category B-tank washing in Special Areas. Category C-tank washing in Special Areas. Categories B and C residual mixtures-discharge. Categories D substances-discharge. Categories D residual mixtures-discharge. Unassessed liquid substances-discharge. Clean and segregated ballast and non-polluting liquid substances-discharge. Emergency discharges. Exemption-Categories A, B and C. Oil-like substances. Procedures and Arrangements Manual. Cargo Record Book. Pumping arrangements. Equipment and arrangements. Survey requirements. (Cap. 369.) Issue of INLS and HKNLS Certificates. Maintenance of condition after survey. Equivalents. Exemptions. Prohibition on uncertificated carriage. Penalties. Detention. (1894 c. 60.) (App. I, p. BG1.) [regs. 1(2), 2 to 13, 16, 17 and 25.] L.N. 119/87. Citation. Interpretation. (Cap. 313.) (App. I, p. BG1.) (Cap. 369.) Application. Duty to report. (App. I, p. K1.) (App. I, p. BG1.) Contents of reports. Supplementary reports. Reporting procedures. Penalties. L.N. 115/87. Citation. Hong Kong dollar equivalents. (1979 c. 39.) (App. III, p. AN1.) L.N. 12/87. Citation. Calculation of gross tonnage. (1979 c. 39.) (App. I, p. AB 1.) Use of best evidence available of ship's measurements.

SCHEDULE.
FoRm AEA.

HONG KONG AUXILIARY AIR FORCE.
and
HONG KONG WOMEN'S AUXILIARY AIR FORCE
Recommendation for Air Efficiency Award or Clasp.

No . .....Rank ......Name (in full)

A. SERVICE DETAILS

NOTES.


(i) Enter service in chronological order.

(ii) Show in column (a) whether Royal Auxiliary Air Force, Royal Auxiliary Air
Force Reserve of Officers, Royal Air Force Volunteer Reserve, Hong Kong
Auxiliary Air Force or Hong Kong Women's Auxiliary Air Force.

(iii) Use separate lines whenever service counts differently under the provision of
regulation 2.

(iv) Show in column (f) how the service counts. Put '1' for single time, 'Ii' for
time-and-a-half, etc. Calculate the qualifying service for column (g)
accordingly.

(y) Exclude service carrying no liability for training, and service already counted
towards an efficiency award or long service and good conduct medal.

B.PREVIOUS SERVICE-If previous naval or military service is included above,
give identification particulars, i.e. official number, rank, type of reserve
regiment, etc.

C.CERTIFICATE OF THE COMMANDING OFFICER-In my opinion the above-
named is efficient and deserving of the Air Efficiency Award/ Clasp.

D. REMARKS-

Station .........Signature and Rank

Date.................................................. Unit
.........................................





MERCHANT SHIPPING (PREVENTION OF
POLLUTION) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

PART I

GENERAL

1..................Citation and interpretation .................... K 3
2..................Applications and exemptions .................... K 8

3...........Equivalents.................. K 9

PART II

SURVEYS. CERTIFICATES AND OIL RECORD BOOK

4. Surveys before issue of an or HKOPP Certificate.......... K 9

5...........Annual survey ........ .......... --- ...... K 10

6.............Intermediate survey.. .. . .............. K 10

7............................Issue and duration of IOPP and HKOPP Certilicate .......... K 11

8......................Responsibilities of owner and master ................ K 12

9. Procedure to be adopted when corrective action is necessary ........ K 13

10............Oil Record Book..................... K 14

PART III

REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION
CONTROL OF DISCHARGE OF: OIL

11............General exceptions.. ..... .......... --- .... K 16

12. Ships other than oil tankers and machinery space bilges of oil tankers .... K 16

13........Oil tankers..................... K 17

14. Oil discharge monitoring and control system and oily-water separating and

oil filtering equipment.............................. K 18

15.................Retention of oil on board .................... K 20

16. Methods for the prevention of oil pollution from ships operating in special

areas..... ............ K 22

PART IV

REQUIREMENTS FOR THE SEGREGATION OF CARGO OIL AND
BALLAST WATER

17...............Interpretation of Part IV.. .................... K 24

18..............................New oil tankers of 20 000 tons deadweight and above ........ K 24

19..........................Protective location of segregated ballast spaces ............ K 27











Regulation Page

20. Requirements for oil tankers with dedicated clean ballast tanks.......K 28

21. Requirements for crude oil washing....................... K 29

22. Existing oil tankers engaged in specific trades .................K 29

23. Existing oil tankers having special ballast arrangements............K 30

24. Segregation of oil and water ballast....................... K 31

25. Tanks for oil residue (sludge)...........................K 31

26. Pumping, piping and discharge arrangements of oil tankers .......... K 32

PART V

REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL
TANKERS
DUE TO SIDE AND BOTTOM DAMAGE

27...............Interpretation of Part V .. .................... K 34

28............................Limitation of size and arrangement of cargo tanks .......... K 38

29...............Subdivision and stability.. .................... K 39

PART VI

OFFSHORE
INSTALLATIONS

30......................Requirements for offshore installations ................ K 43,

PART VII

REPORTING OF
DISCHARGES

31. Reports to be made in the event of a discharge or likely discharge ...... K 44

PART VIII

POWERS TO INSPECT. DENY ENTRY DETENTION AND
PENALTIES

32. Power to inspect................................K 46
33. Power to deny entry or detain......................... K 47

34. Penalties................ K 47

Schedule 1 Form of IOPP and H HKOPP Certificates.................... K 48
Schedule 2 Form of oil record books........................... K 72

Schedule 3 Performance and test specifications for oily-water separating equipment and
oil content meters............... .......
.......... K 82
Schedule 4 Guidelines and specifications for oil discharge monitoring and control systems
for oil tankers ............... ................. K 110
Schedule 5 Specification for oil/water interface detectors ................. K 121
Schedule 6 Specification for oil tankers with dedicated clean ballast tanks.......... K 124
Schedule 7 Specifications for the design. operation and control of crude oil washing systems K 129
Schedule 8 Specifications for the design. installation and operation of a part-flow system







for control of overboard discharges.. ............ K 141





MERCHANT SHIPPING (PREVENTION OF OIL
POLLUTION) ORDER 1983

(S.I. 1983 No. 1106)

MERCHANT SHIPPING (PREVENTION OF OIL
POLLUTION) (HONG KONG) ORDER 1984

(S.I. 1984 No. 1153)

MERCHANT SHIPPING (PREVENTION OF OIL
POLLUTION) REGULATIONS

[Made by - v the Governor under Article 3(1) of the Merchant Shipping
(Prevention of Oil Pollution) Order 1983 as modified and extended to
Hong Kong by the Merchant Shipping (Prevention of Oil Pollution)
(Hong Kong) Order 19841

[28 December 1984.]

PART I

GENERAL

1. (1) These regulations may be cited as the Merchant Shipping
(Prevention of Oil Pollution) Regulations.

(2) In these Regulations, except where the context otherwise requires

'amidships' means at the middle of the length (L);


'Annex I'' means Annex I to the Convention (which sets out regulations for the
prevention of pollution by oil),

'anniversary date- means the date in each year corresponding to. the . date of
expiry of the IOPP Certificate;

'approved' means approved by the Director or the Secretary of State;

,,area' in relation to a ship shall be calculated in all cases to moulded lines;

'breadth' (B) means the maximum breadth of the ship, measured amidships to
the moulded line of the frame in a ship with a metal shell and to the outer
surface of the hull in a ship with a shell of any other material, measured in
metres;

'centre tank' means any tank inboard of a longitudinal bulkhead:

'Certifying Authority' means the Director or any person authorized by the
Secretary for Economic Services and includes in particular (if so
authorized) Lloyd's Register of Shipping, the British Committee of the
Bureau Veritas the British Committee of Det





norske Veritas. the British Committee of Germanischer Lloyd. and the
British Technical Committee of the American Bureau of Shipping;

-chemical tanker- means a ship constructed or adapted primarily to carry a
cargo of noxious liquid substances in bulk and includes an oil tanker when
carrying a cargo or part cargo of noxious
liquid substances in bulk:

---clean ballast- means the ballast in a tank which, since oil was last carried
therein, has been so cleaned that the effluent therefrom, if it were
discharged from a ship which is stationary into clean calm water on a clear
day would not produce visible traces of oil on the surface of the water or
on adjoining shorelines or cause a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines. If the ballast
is discharged through an approved oil discharge monitoring and control
system evidence based on such a system to the effect that the oil content
of the effluent did not exceed 15 ppm shall be determinative that the
ballast was clean. notwithstanding the presence of visible traces;

,.combination carrier- means a ship designed to carrv either oil or solid cargoes
in bulk:

---the Convention' means the International Convention for the Prevention of
Pollution from Ships 1973. including its protocols, Annex I (but no other
Annex) and appendices thereto (a), as amended by the Protocol of 1978
to that Convention (b);

'Convention country- means a country which is a Party, to the Convention.

-crude oil- means any liquid hydrocarbon mixture occurring naturally in the
earth, whether or not treated to render it suitable for transportation. and
includes

(a)crude oil from which certain distillate fractions may have been
removed; and

(b)crude oil to which certain distillate fractions may have been added,

-crude oil tanker- means an oil tanker engaged in the trade of carrying crude oil;

'deadweight' (DW) means the difference in metric tons between the
displacement of a ship in water of a specific gravity of 1.025 at the load
waterline corresponding to the assigned summer freeboard and the
lightweight of the ship.

'Director' means the Director of Marine.

(a) Cmnd. 5748. (b) Cmnd. 7347.





'discharge', in relation to harmful substances or effluents containing
such substances, 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(a); or

(b)release of harmful substances directly arising from the
exploration, exploitation and associated off-shore processing
of sea-bed mineral resources; or

(c)release of harmful substances for purposes of legitimate
scientific research into pollution abatement or control.

and 'to discharge' shall be constructed accordingly;

'existing ship', without prejudice to regulation 17(2), means a ship
which is not a new ship;

'filtering equipment' means filters or any combination of separators
and filters which are designed to produce effluent containing not
more than 15 ppm of oil,

'forward and after perpendiculars- shall be taken at the forward and
after ends of the length (L). The forward perpendicular shall
coincide with the foreside of the stem on the waterline on which
the length is measured;

'GRT' means gross registered tonnage and the gross registered
tonnage of a ship having alternative gross registered tonnages
shall be taken to be the larger of those tonnages;

'harmful substance' means any substance which, if introduced into the
sea, is liable to create hazards to human health. to harm living
resources and marine life, to damage amenities or to interfere with
other legitimate uses of the sea, and includes oil;

'HKOPP Certificate' means the Hong Kong Oil Pollution Prevention
Certificate;

'Hong Kong oil tanker' means an oil tanker which is registered in Hong
Kong;

'Hong Kong ship' means a ship which is registered in Hong Kong;

'instantaneous rate of discharge of oil content' means the rate of
discharge of oil in litres per hour at any instant divided by the
speed of the ship in knots at the same instant;

'IOPP Certificate' means the International Oil Pollution Prevention
Certificate;

(a) Cmnd. 5169.





'length' (L) means 96 per cent of the total length on a waterline at 85
per cent of the least moulded depth measured from the top of the
keel, or the length from the foreside of the stem to the axis of the
rudder stock on that waterline, if that be greater. In ships designed
with a rake of keel the waterline on which this length is measured
shall be parallel to the designed waterline. The length (L) shall be
measured in metres;

'lightweight' means the displacement of a ship in metric tons without
cargo, fuel, lubricating oil, ballast water, fresh water and feed water
in tanks, consumable stores, and passengers and crew and their
effects;

'major conversion' means a conversion of an existing ship

(a)which substantially alters the dimensions or carrying capacity
of the ship; or

(b) which changes the type of the ship; or

(c)the intent of which in the opinion of the Director is
substantially to prolong its life; or

(d)which otherwise so alters the ship that, if it were a new ship, it
would become subject to relevant provisions of the
Protocol(a) not applicable to it as an existing ship:

but conversion of an existing oil tanker of 20000 tons deadweight
and above to meet the requirements of regulation 18 of these
Regulations shall not be deemed to constitute a major conversion;

-Merchant Shipping Notice- means a Notice described as such, issued
by the United Kingdom Department of Transport and published by
Her Majesty's Stationery Office, and any reference to a particular
Merchant Shipping Notice includes a reference to that Notice as
amended from time to time by a subsequent Notice;

'mile' means an international nautical mile that is to say a distance of 1
852 metres;

'nearest land' in relation to all land other than the part of Australia
specified below, 'from the nearest land' means from the nearest
base-line from which the territorial sea of any territory is
established in accordance with the Geneva Convention on the
Territorial Sea and the Contiguous Zone 1958(b); and in relation to
the part of the North-eastern coast of Australia which lies between
the points 11 00'S 142~08'E and 24~42'S, 153 15 E, 'from the nearest
land' means from the nearest of the straight lines joining
consecutively the following points

(a) Cmnd. 7347. (b) 2511.





11 00'S, 142 08 E; 10 35'S, 141 55'E; 10 00'S, 142 00'E;

9 10'S, 143 52'E; 9 00 'S, 144 30 E; 13 00'S, 144 00'E;
15 00'S, 146 00'E; WOWS, 147 00'E; 21 00'S, 153 00'E
and 24 42'S, 153 1 5E.;

'new ship', except as provided in regulation 17(1), means a ship

(a) for which the building contract was placed after 31 Decem
ber 1975; or

(b) in the absence of a building contract, the keel of which was
laid or which was at a similar stage of construction after 30
June 1976; or

(c) the delivery of which is after 31 December 1979; or

(d) which has undergone a major conversion

(i)for which the contract was placed after 31 December
1975; or

(ii) in the absence of a contract, the construction work of
which was begun after 30 June 1976; or

(iii) which is or was completed after 31 December 1979;

'oil' means petroleum in any form including crude oil, fuel oil, sludge,
oil refuse and refined products, other than petrochemicals
specified in Merchant Shipping Notice No. 1077;

'oil fuel' means any oil used as fuel in connection with the propulsion
and auxiliary machinery of the ship in which such oil is carried;

'oil tanker' means a ship constructed or adapted primarily to carry oil
in bulk in its cargo spaces and includes a combination carrier or a
chemical tanker when it is carrying a cargo or part cargo of oil in
bulk;

'oily mixture' means a mixture with any oil content;

'the Organization' means the International Maritime Organization;

'permeability' of a space means the ratio of the volume within that
space which is assumed to be occupied by water to the total
volume of that space;

'ppm' means parts per million;

'product carrier' means an oil tanker engaged in the trade of carrying
oil other than crude oil;

'proper officer' means a consular officer appointed by Her Majesty's
Government in the United Kingdom and, in relation to a port in a
country outside the United Kingdom which is not a foreign
country, also any officer exercising in that port functions similar to
those of a superintendent;

'sea' includes any estuary or arm of the sea;





'segregated ballast- means the ballast water introduced into a tank
which. is completely separated from the cargo oil and oil fuel
system and which is permanently allocated to the carriage of
ballast or to the carriage of ballast or cargoes other than oil or
noxious liquid substances;

'separating equipment' means either separators or filters, or any
combination of them, which are designed to produce effluent
containing not more than 100 ppm of oil;

'ship' means a vessel of any type whatsoever operating in the marine
environment including waters navigable by sea-going vessels and
includes submersible craft, floating craft and a structure which is a
fixed or floating platform but excludes hovercraft;

'slop tank' means a tank specifically designed for the collection of tank
drainings, tank washings and other oily mixtures;

'special area' means a sea area where, for recognized technical reasons
in relation to its oceanographical and ecological condition and to
the particular character of its traffic, the adoption of special
mandatory methods for the prevention of sea pollution by oil is
required, and shall include those areas listed in regulation 16;

'Surveyor' means a surveyor appointed by the Certifying Authority or
the Secretary for Economic Services;

'tank' means an enclosed space which is formed by the permanent
structure of a ship and which is designed for the carriage of liquid
in bulk;

'volume' in relation to a ship shall be calculated in all cases to moulded
lines;

'waters of Hong Kong' has the same meaning as in section 2 of the
Shipping and Port Control Ordinance;

'wing tank' means any tank adjacent to the side shell plating.

2. (1) Unless expressly provided otherwise, these Regulations
apply to

(a) Hong Kong ships, and

(b) other ships while they are within the waters of Hong Kong.

(2) These Regulations do not apply to any warship, naval auxiliary
or other ship owned or operated by a State and used, for the time being,
only on government non-commercial service.

(3) Any new type of ship whose constructional features are such as
to render the application of any of the provisions of regulation 10 to 30
of these Regulations relating to construction and equipment
unreasonable or impracticable may be exempted by the Director from
those provisions, provided that the construction and





equipment of that ship provides equivalent protection against pollu-
tion by oil, having regard to the service for which it is intended.
Particulars of any such exemption granted by the Director shall be
indicated in the IOPP or HKOPP Certificate referred to in regula-
tion 7.

(4) In ships, other than oil tankers, fitted with cargo spaces
which are constructed and used to carry oil in bulk of an aggregate
capacity of 200 cubic metres or more, the requirements of regula-
tions 10, 12, 13, 15(1),(2) and (3), 16, 24, 26 and 28(4) for oil tankers
shall also apply to the construction and operation of these spaces,
except that where such aggregate capacity is less than 1 000 cubic
metres it shall be sufficient to comply with the requirements of
regulation 15(4) as if they applied to the ship in lieu of those of
regulation 15(1), (2) and (3).

(5) The Director may grant exemptions from all or any of the
provisions of these Regulations (as may be specified in the exemp-
tion) for classes of cases or individual cases on such terms (if any) as
he may so specify and may, subject to giving reasonable notice, alter
or cancel any such exemption.

3. The Director may permit any fitting, material, appliance or
apparatus to be fitted in a ship as an alternative to that required by
these Regulations if such fitting, material, appliance or apparatus is
at least as effective as that required by these Regulations, but shall
not permit the substitution of operational methods to control the
discharge of oil as being equivalent to those design and construction
features which are prescribed by these Regulations.

PART II

SURVEYS, CERTIFICATES AND OIL RECORD BOOK

4. (1) The owner of every Hong Kong oil tanker of 150
GRT and above and every other Hong Kong ship of 400 GRT and
above, shall cause the same to be surveyed before the ship is put into
service or before an IOPP Certificate or HKOPP Certificate in
respect of the ship is issued for the first time, and thereafter at
intervals not exceeding five years by a surveyor. Any application for
a survey shall be accompanied by calculations in accordance with
Part V of these Regulations and such information relating to the
ship as the Certifying Authority may require for the purposes of the
survey.

(2) A Certifying Authority shall upon receipt of an application
for survey and any fee payable on such application cause the ship to
be surveyed by a surveyor.





(3) The surveyor shall survey the ship and satisfy himself that its
structure, equipment, systems, fittings. arrangements and material are in
accordance with the requirements of these Regulations and that the
equipment and associated pump and piping systems, including oil
discharge monitoring and control systems, crude oil washing systems,
oily water separating equipment and oil filtering systems are in good
working order.

(4) The initial and any renewal survey to be carried out under this
regulation shall be in accordance with the procedures specified in
Merchant Shipping Notice M 1076.

(5) The surveyor, if satisfied on the survey that he may properly do
so, shall forward to the Certifying Authority a declaration of survey
containing such particulars of the ship as are required by the Certifying
Authority to enable him to issue the appropriate Certificate in respect of
the ship.

5. (1) The owner of every Hong Kong ship in respect of which an
IOPP Certificate has been issued shall, so long as the certificate remains
in force, cause the ship to be subject to an annual survey, which shall be
carried out within three months before or after the anniversary date of
the IOPP Certificate. provided that no annual survey shall be required
when the intermediate survey pursuant to regulation 6 is carried out
within three months before or after the anniversary date of the IOPP
Certificate.

(2) A Certifying Authority shall upon receipt of an application for
survey and any fee payable on such application cause the ship to be
surveyed by a surveyor.

(3) The surveyor shall survey the ship in accordance with the
procedures specified in Merchant Shipping Notice M 1076 and satisfy
himself--

(a)that such of the parts of the ship and its equipment specified
in that Merchant Shipping Notice as are the subject of the
application for survey remain efficient; and

(b)that no material alterations have been made in the structure,
equipment, systems, fittings, arrangements and material to
which the IOPP Certificate relates without the approval of a
Certifying Authority.

(4) On completion of the survey in accordance with the
requirements of the preceding paragraph the surveyor shall, where he is
so satisfied, endorse the IOPP Certificate to that effect.

6. (1) The owner of every Hong Kong ship in respect of which an
IOPP Certificate has been issued shall so long as the Certificate remains
in force cause the ship to be subject to an intermediate survey during
the period of validity of the Certificate. This intermediate survey shall be
held not earlier than six months before nor later than six months after the
half-way date of the period of validity of the Certificate.





(2) A Certifying Authority shall upon receipt of an application
for a survey and any fee payable on such application cause the ship
to be surveyed by a surveyor.

(3) The surveyor shall survey the ship in accordance with the
procedures specified in Merchant Shipping Notice M 1076 and
satisfy himself---

(a)that such of the parts of the ship and its equipment
specified in that Merchant Shipping Notice as are the
subject of the application for survey are in good working
order and fully comply with these Regulations;

(b)that no material alterations have been made in the
structure, equipment, systems, fittings, arrangements and
material to which the IOPP Certificate relates without the
approval of a Certifying Authority.

(4) On completion of the survey in accordance with the
requirements of the preceding paragraph, the surveyor, where he is
so satisfied, shall endorse the IOPP Certificate to that effect and
forward a report to the Certifying Authority.

7. (1) The Certifying Authority shall, on receipt of a de-
claration of survey under regulation 4(5) which relates to a Hong
Kong ship, issue to the ship the appropriate Certificate in duplicate
which-

(a)in the case of an oil tanker of 150 GRT and above and any
other ship of 400 GRT and above which is engaged in
voyages to ports or off-shore terminals under the jurisdic-
tion of other Parties to the Convention, is an IOPP
Certificate; and

(b)in the case of any other oil tanker of 150 GRT and above
and any other ship of 400 GRT and above, is a HKOPP
Certificate.

(2) The Director may request the Government of another
Party to the Convention to survey a Hong Kong ship and, if they are
satisfied that the provisions of Annex 1 to the Convention are
complied with, they shall issue, or authorize the issue of, an IOPP
Certificate in duplicate to the ship.

(3) A Certificate so issued shall contain a statement to the
effect that it has been issued at the request of the Hong Kong
Government and it shall have the same force and receive the same
recognition as a Certificate issued under paragraph (1) of this
regulation.

(4) The Director may at the request of the Government of
another Party to the Convention survey a ship registered in that
State and entitled to fly the flag of that State as if it were a Hong
Kong ship, and, if satisfied that the provisions of Annex I to the
Convention are complied with, shall issue an IOPP Certificate to





that ship; a Certificate so issued shall contain a statement that it has
been issued at the request of the Government in question.

(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

8. (1) The owner aiid master of everv 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 or a proper officer. either of whom 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.

(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.

9. (1) In any case where the Certifying Authority determines that
the condition of a Hong Kong ship or its equipm~nt 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.

(2) If such corrective action is not taken within such period (being
a reasonable period) as the Certifying Authority may specify, the
Certifying Authority shall, at the end of that time, immediately notify
the Director who may, on receipt of such notification, suspend the
validity of the IOPP or HKOPP Certificate issued in relation to the ship
and shall give notice of any such suspension to the owner and to the
Certifying Authority.





(3) The master shall thereupon deliver up the Certificate issued in
relation to the ship to the Certifying Authority on demand and the
owner shall on receipt of notice of suspension deliver up the duplicate
Certificate to the Director.

(4) When the Certifying Authority is satisfied that corrective action
has been taken it shall notify the Director. The Director shall thereupon,
in any case where the validity of the Certificate has been suspended

(a) restore the validity of the Certificate;

(b)give notice thereof to the Certifying Authority, and the
owner; and

(c) return the duplicate Certificate to the owner.

The Certifying Authority shall return the Certificate issued in relation to
the ship to the master.

(5) Where the 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 and
corrective action in accordance with paragraph (2) of this regulation has
not been taken. the Certifying Authority shall in addition immediately
notify the appropriate authorities of the country in which the port is
situated.

(6) Where, in the case of a ship (other than a Hong Kong ship) of a
country which is a Party to the Convention which is for the time being in
a port in the waters of Hong Kong, the nominated surveyor or the
recognized organization responsible for issuing an IOPP Certificate to
the ship determines that it is necessary to withdraw the Certificate, a
report shall, unless made by the nominated surveyor or recognized
organization, be made by the master of the ship to the Director. The
Director may then take such steps as will ensure that the ship shall not
sail until it can proceed to sea or leave the port for the purposes of
proceeding to the nearest appropriate repair yard available without
presenting an unreasonable threat of harm to the marine environment.

10. (1) Every ship to which these Regulations apply of 400 GRT and
above, other than an oil tanker, and every oil tanker of 150 GRT and
above shall be provided with an Oil Record Book Part 1 (Machinery
Space Operations). Every oil tanker of 150 GRT and above shall also be
provided with an Oil Record Book Part 11 (Cargo/Ballast Operations).
The 011 Record Book, whether it forms part of the ship's official log book
or engine room log book or otherwise, shall be in the form set out in
Schedule 2, hereto.

(2) The Oil Record Book shall be completed on each occasion, on a
tank-to-tank basis if appropriate. whenever any of the following
operations take place in the ship





(a) for machinery space operations (all ships)--

(i) ballasting or cleaning of oil fuel tanks;

(ii) discharge of ballast or cleaning water from oil fuel tanks
which have been ballasted or cleaned;

(iii) disposal of oily residues (sludge);

(iv) discharge overboard of bilge water which has
accumulated in machinery spaces;

(b) for cargo/ballast operation (oil tankers)

(i) loading of oil cargo;

(ii) internal transfer of oil cargo during voyage;

(iii) unloading of oil cargo;

(iv)ballasting of cargo tanks and dedicated clean ballast
tanks;

(v) cleaning of cargo tanks including crude oil washing;

(vi) discharge of ballast except from segregated ballast tanks;

(vii) discharge of water from slop tanks;

(viii) closing of all applicable valves or similar devices after
slop tank discharge operations;

(ix) closing of valves necessary for the isolation of dedicated
clean ballast tanks from cargo and stripping lines after
slop tank discharge operations;

(x) disposal of residues.

(3) In the event of such discharge of oil or oily mixture as is
referred to in regulation 11 or in the event of an accidental or other
exceptional discharge of oil not excepted by that regulation. a statement
shall be made in the Oil Record Book of the circumstances of, and the
reasons for, the discharge.

(4) Each operation described in paragraph (2) of this regulation
shall be fully recorded without delay in the Oil Record Book so that all
entries in the book appropriate to that operation are completed. Each
completed operation shall be signed by the officer or officers in charge
of the operations concerned and each completed page shall be signed
by the master.

(5) The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and, except in the
case of unmanned ships under tow, shall be kept on board. It shall be
preserved for a period of three years after the last entry has been made.

(6) A person authorized by the Certifying Authority may inspect
the Oil Record Book on board any ship whilst the ship is in a port or
offshore terminal and may make a copy of any entry in that book and
may require the master of the ship to certify that the copy is a true copy
of such entry. Any copy so made which has been





certified by the master of the ship as a true copy of an entry in the
ship's Oil Record Book shall be admissible in any judicial proceedings
as evidence of the facts stated in the entry. The inspection of an 011
Record Book and the taking of a certified copy by the competent
authority, or an authorized person, under this paragraph shall be
performed as expeditiously a's possible without causing the ship to be
unduly delayed.

PART III

REQUIREMENTS FOR CONTROL OF OPERATIONAL
POLLUTION
CONTROL oF DISCHARGE OF OIL

11. The provisions of regulations 12, 13 and 16 shall not apply
to

(a)any discharge into the sea of oil or oily mixture which is
necessary for the purpose of securing the safety of a ship or
saving life at sea; or

(b)any discharge into the sea of oil or oily mixture which results
from damage to a ship or its equipment

(i) provided that all reasonable precautions were taken after
the occurrence of the damage or discovery of the discharge
for the purpose of preventing or minimizing the discharge.,
and

(ii) unless the owner or the master acted either with intent
to cause damage, or recklessly and with knowledge that
damage would probably result; or

(c)any approved discharge into the sea of substances
containing oil, when being used for the purpose of combating
specific pollution incidents in order to minimize the damage
from pollution. Any such discharge shall be subject to the
approval of any Government in whose jurisdiction it is
contemplated the discharge will occur.

12. (1) Subject to regulation 11 this regulation applies to-

(a) (i) Hong Kong ships other than oil tankers; and

(ii) Hong Kong oil tankers in relation to discharges from
their machinery space bilges (unless mixed with oil cargo
residue) but excluding cargo pump room bilges,

wherever they may be and to-

(b) (i) other ships other than oil tankers; and

(ii) other oil tankers in relation to discharges from their
machinery space bilges (unless mixed with oil cargo residue)
but excluding cargo pump room bilges,

when they are within the waters of Hong Kong.





(2) Subject to paragraph (3) of this regulation a ship to which this
regulation applies shall not discharge oil or oily mixture into any part of
the sea unless all the following conditions are satisfied

(a) the ship is proceeding on a voyage;

(b) the ship is not within a special area;

(c) the ship is more than 12 miles from the nearest land;

(d)the oil content of the discharge is less than 100 ppm parts of
the mixture; and

(e)the ship has in operation an oil discharge monitoring and
control system. oily-water separating equipment, oil filtering
system or other installation as required by regulation 14.

(3) The provisions of paragraph (2) of this regulation shall not
apply to the discharge of oily mixtures which without dilution have an
oil content not exceeding 15 ppm of the mixture.

(4) No discharge into the sea shall contain chemicals or other
substances in quantities or concentrations which are hazardous to the
marine environment or chemicals or other substances introduced for
the purpose of circumventing the conditions of discharge prescribed
by this regulation.

(5) Insofar as any oil or oily mixture has not been unloaded as
cargo and may not be discharged into the sea in compliance with
paragraph (2) or (3) of this regulation, it shall be retained on board and
shall only be discharged into reception facilities.

13. (1) Subject to regulation 11 this regulation applies to-

(a) every Hong Kong oil tanker; and

(b)every other oil tanker when it is within the waters of Hong
Kong.

(2) Subject to paragraph,(3) of this regulation an oil tanker to which
this regulation applies shall not discharge any oil or oily mixture (except
those for which provision is made in regulation 12) into any part of the
sea unless all the following conditions are satisfied

(a) the tanker is proceeding on a voyage;

(b) the tanker is not within a special area;

(c) the tanker is more than 50 miles from the nearest land;

(d)the instantaneous rate of discharge of oil content does not
exceed 60 litres per mile;





(e)the total quantity of oil discharged into the sea does not
exceed 1/30000 of the total quantity of the particular cargo of
which the residue formed a part, or, in the case of existing
tankers, the total quantity of oil discharged does not exceed
1/50000 of the total quantity of the particular cargo of

which the residue formed a part., and

(f) the tanker has in operation an oil discharge monitoring and
control system and a slop tank arrangement as required by
regulation 15.

(3) The provisions of paragraph (2) of this regulation shall not
apply to the discharge of clean or segregated ballast.

(4) No discharge into the sea shall contain chemicals or other
substances in quantities or concentrations which are hazardous to the
marine environment or chemicals or other substances introduced for the
purposes of circumventing the conditions of discharge prescribed by
this regulation.

(5) Insofar as any oil or oily mixture has not been unloaded as
cargo and may not be discharged into the sea in compliance with
paragraph (2) of this regulation. it shall be retained on board and shall
only be discharged into reception facilities.

14. (1) Subject to paragraph (4) of this regulation, every ship of 400
GRT and above but less than 10 000 GRT to which these Regulations
apply shall be fitted with oily-water separating equipment (100 ppm
equipment) complying with paragraph (6) of this regulation. Any ship to
which these Regulations apply which carries ballast water in. its bunker
fuel tanks shall comply with paragraph (2) of this regulation
(notwithstanding that the ship is of less than 10 000 GRT) or regulation
24(2).

(2) Subject to paragraph (4) of this regulation, every ship of 10 000
GRT and above to which these Regulations apply shall be fitted with
either

(a)oily-water separating equipment (100 ppm equipment)
complying with paragraph (6) of this regulation and with an oil
discharge monitoring and control system complying with
paragraph (5) of this regulation; or

(b)oil filtering equipment (15 ppm equipment) complying with
paragraph (7) of this regulation.

(3) Subject to paragraph (4) of this regulation-

(a)the requirements of paragraphs (1) and (2) of this regulation
need not be complied with in the case of ships which satisfy
both of the following conditions





(i) they are engaged solely within the special areas and are
fitted with holding tanks having a volume adequate (to
the satisfaction of the Director) for the total retention
on board of any oily bilge-water which is to be
discharged into reception facilities; and

(ii) they are not required to hold, and do not hold, an IOPP
Certificate;

(b)ships of less than 400 GRT (other than an oil tanker) shall be
equipped so far as practicable and reasonable, (in the case of
Hong Kong ships to the satisfaction of the Director), with
installations to ensure the storage of oil or oily mixtures on
board and their discharge to reception facilities, or to ensure
the discharge of such mixtures is in accordance with
regulation 12.

(4) For existing ships the requirements of paragraphs (1), (2) and
(3) of this regulation shall not apply until 2 October 1986.

(5) The oil discharge monitoring and control system referred to in
paragraph (2)(a) of this regulation shall be of a design approved as being
in accordance with the specification set out in Schedule 3 hereto. The
system shall be fitted with a recording device to provide a continuous
record of the oil content of the discharge of effluent or oily mixtures in
ppm. This record shall be identifiable as to time and date and shall be
kept for at least three years. The monitoring and control system shall
come into operation when there is any discharge of effluent into the sea
and shall be such as to ensure that any discharge of oily mixture is
automatically stopped when the oil content of the effluent exceeds that
permitted by regulation 12(2)(d). On any failure of the monitoring and
control system the discharge shall be stopped and the failure shall be
noted in the Oil Record Book. The defective unit shall be made operable
before the ship commences its next voyage unless it is proceeding to a
repair port. On existing ships, the system shall comply with all the
requirements of this paragraph, except that the stopping of the discharge
may be performed manually.

(6) The oily-water separating equipment referred to in paragraphs
(1) and (2)(a) of this regulation shall be of a design approved as being
in accordance with the specification set out in Schedule 3 hereto and
shall be such as to ensure that any oily mixture discharged into the sea
after passing through the system shall have an oil content of not more
than 100 ppm.

(7) The oil filtering equipment referred to in paragraph (2)(b) of
this regulation shall be of design approved as being in accordance with
the specification set out in Schedule 3 hereto and shall be such as to
ensure that any oily mixture discharged into the sea after passing
through the system shall have an oil content which does not exceed 15
ppm. It shall be provided with alarm arrangements in accordance with
the specification in the Schedule to indicate when this level is not being
maintained.





(8) The oil filtering equipment referred to in paragraph (2)(b) of this
regulation inav include any combination of a separator, filter or
coalescer or may consist of a single unit designed to produce an
effluent with an oil content not exceeding 15 ppm. If the oil filtering
equipment consists of a combination of oily-water separating
equipmerit. approved as being in accordance with the specifications set
out in Schedule 3 hereto for an effluent of less than 100 ppm. and
attached equipment. the attached equipment shall be of a design
approved as being in accordance with the specifications set out in
Merchant Shipping Notice M 1081.

15. (1) Subject to the provisions of paragraphs (5) and (6) of this
regulation. oil tankers of 150 GRT and above to which these Regulations
apply shall be provided with arrangements in accordance with the
requirements of paragraphs (2) and (3) of this regulation: provided that
in the case of existing ships the requirements for oil discharge
monitoring and control systems and slop tank arrangements shall not
apply until 2 October 1986.

(2)(a) Adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residues and tank
washings from the cargo tanks into a slop tank of a type
approved by a Certifying Authority. In existing oil tankers.
ariv cargo lank may be designated as a slop tank.

(b)Arrangements shall be provided to transfer the oily waste into
a slop tank or combination of slop tanks in such a way that
any effluent discharges into the sea will be such as to comply
with regulation 13.

(c) The slop tank or combination of slop tanks provided pursuant
to sub-paragraph (b) above shall have sufficient capacity to
retain the slops generated by tank washings. oil residues and
dirty ballast residues; anj that capacity shall be not less than 3
per cent of the cargo oil carrying capacity of the ship unless

(i)segregated ballast tanks or dedicated clean ballast tanks
are provided in accordance with regulation 18, or a cargo
tank cleaning system using crude oil washing. in
accordance with regulation 21 . in either of which events
the total capacity of the slop tank or tanks may be
reduced to 2 per cent of the oil carrying capacity of the
ship..

(ii)in the case of combination carriers, the oil cargo is carried
in tanks with smooth walls, when the said total capacity
may be reduced to 1 per cent of the oil carrying capacity
of the ship:

Provided that, where the tank washing arrangements are such
that, once the slop tank or tanks are charged with washing water. this
water is sufficient for the tank washing and, where applicable, for
providing the driving fluid for the pumps (including eductors)





without the introduction of additional water into the system, the
above figures of 3 per cent, 2 per cent and 1 per cent may be reduced
to 2 per cent, 1.5 per cent and 0.8 per cent respectively.

(d)Slop tanks shall be so designed, particularly as regards the
position of inlets, outlets, baffles or weirs (where fitted), as
to avoid excessive turbulence and entrainment of oil or
emulsion with water.

(e)New oil tankers of 70 000 tons deadweight and above shall
be provided with at least two slop tanks.

(3)(a) An oil discharge monitoring and control system of an
approved design shall be fitted. It shall be designed and
installed in compliance with the guidelines and specifica-
tions set out in Schedule 4 hereto.

(b)Any such system shall be fitted with a recording device to
provide, unless otherwise required by Schedule 4, a con-
tinuous record of the discharge of oil in litres per mile and
the total quantity of oil discharged or. in lieu of the total
quantity of oil discharged, the oil content and rate of
discharge of the effluent. The record shall be identifiable as
to the time and date and shall be kept for at least three
years.

(c)The system shall be brought into operation when there is a
discharge of effluent into the sea and shall be such as to
ensure that any discharge of oily mixture is. unless other-
wise permitted by Schedule 4, automatically stopped when
the instantaneous rate of discharge of oil exceeds 60 litres
per mile.

(d)On any failure of the system the discharge shall be stopped
and the failure shall be noted in the 011 Record Book. A
manually operated alternative system shall be provided
and may be used in the event of such a failure, but the
defective unit shall be made operable before the oil tanker
commences its next ballast voyage, unless it is proceeding
to a repair port.

(e)Effective oil/water interface detectors, of a design ap-
proved as being in accordance with the specifications set
out in Schedule 5 hereto, shall be provided for the rapid
and accurate determination of the oil/water interface in
slop tanks and shall be available for use in other tanks
where the separation of oil and water is effected and from
which it is intended to discharge effluent direct to the sea.

(f) Approved instruction manuals on the operation and main-
tenance of the various items comprising the oil discharge
monitoring and control system shall be provided. These
manuals shall contain information on manual as well as





automatic operations and shall be so drawn up as to ensure that at no
time shall oil be discharged except in compliance with the conditions
specified in regulation 13.

(4) The discharge of oil from oil tankers of less than 150 GRT
pursuant to regulation 13 shall be effected by the retention of the oil on
board until subsequent discharge of all contaminated washings to
reception facilities. The total quantity of oil and water used for washing
and returned to a storage or slop tank shall be recorded in the Oil
Record Book. This total quantity shall be-discharged to reception
facilities unless adequate arrangements are made to ensure that any
effluent which is allowed to be discharged into the sea is effectively
monitored to ensure that the provisions of regulation 13 are complied
with.

(5) Paragraphs (1), (2) and (3) of this regulation shall not apply to
any oil tanker which is engaged exclusively on voyages of 72 hours or
less in duration and within 50 miles of the nearest land, provided that

(a)the oil tanker is not required to hold. and does not hold an
IOPP Certificate,

(b)the oil tanker retains on board all oily mixtures for subsequent
discharge to reception facilities,

(c)the Secretary for Economic Services has determined that
adequate facilities are available to receive such oily mixtures.

(6) Paragraphs (1), (2) and (3) of this regulation shall not apply to
oil tankers carrying asphalt or other products subject to the provisions
of these Regulations which, through their physical properties. inhibit
effective product/water separation and monitoring: in such cases the
control of discharge under regulation 13 shall be effected by the
retention of residues on board and the discharge of all contaminated
washings to reception facilities.

16. (1) For the purposes of these Regulations the special areas are
the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the
Red Sea area and the Gulfs area, defined as follows

(a)'the Mediterranean Sea area' means the Mediterranean Sea
including the gulfs and seas therein with the boundary
between the Mediterranean and the Black Sea constituted by
the 41 ~N parallel and bounded to the west by the Straits of
Gibraltar at the meridian of 5~36'W;

(b)'the Baltic Sea area' means the Baltic Sea with the Gulf of
Bothnia, the Gulf of Finland and the entrance to the Baltic Sea
bounded by the parallel of the Skaw in the Skagerrak at
57 44.8'N;





(e)'the Black Sea area' means the Black Sea with the boundary
between the Mediterranean and the Black Sea constituted by
the parallel 41 ~N;

(d)'the Red Sea area' means the Red Sea including the Gulfs of
Suez and Aqaba bounded at the South by the rhumb line
between Ras si Ane (12 8.5'N, 43 19.6'E) and Husn Murad (12
40.4'N, 43 30.2'E); and

(e)'the Gulfs area' means the sea area located north west of the
rhumb line between Ras al Hadd (22 30'N, 59 48'E) and Ras al
Fasteh (25 04'N, 61 25'E).

(2) Subject to the provisions of regulation 11-

(a)any discharge into the sea of oil or oily mixture from any
Hong Kong oil tanker and any Hong Kong ship of 400 GRT
and above other than an oil tanker shall be prohibited while in
a special area;

(b)any discharge into the sea of oil or oily mixture from a Hong
Kong ship of less than 400 GRT other than a Hong Kong oil
tanker shall be prohibited while in a special area, except when
the oil content of the effluent without dilution does not
exceed 15 ppm or alternatively when all the following
conditions are satisfied

(i) the ship is proceeding on a voyage;

(ii)the oil content of the effluent is less than 100 ppm parts
of mixture; and

(iii)the discharge is made as far as practicable from the land,
but in no case less than 12 nautical miles from the
nearest land.

(3)(a) Paragraph (2) of this regulation shall not apply to the
discharge of clean or segregated ballast.

(b)Sub-paragraph (2)(a) of this regulation shall not apply to the
discharge of processed bilge water from machinery spaces,
provided that all the following conditions are satisfied

(i)the bilge water does not originate from cargo pump room
bilges;

(ii) the bilge water is not mixed with cargo oil residues; (iii)
the ship is proceeding on a voyage;

(iv)the oil content of the effluent, without dilution, does not
exceed 15 ppm parts of mixture;

(v)the ship has in operation an oil filtering system
complying with regulation 14(7); and

(vi)the oil filtering system is equipped with a stopping
device which will ensure that the discharge is
automatically stopped if the oil content of the effluent
exceeds 15 ppm parts of the mixture.





(4)(a) No discharge into the sea shall contain chemicals or other
substances in quantities or concentrations which are
hazardous to the marine environment or chemicals or other
substances introduced for the purpose of eircumventing the
conditions of discharge specified in this regulation.'

(b)In any case where any residues of oil or oily mixture may not
be discharged into the sea in compliance with paragraph (2) or
(3) of this regulation. they shall be retained on board and shall
only be discharged into reception facilities.

(5) Nothing in this regulation shall prohibit a ship on a voyage
only part of which is in a special area from discharging outside the
special area in accordance with regulations 12 and 13.

PART IV

REQUIREMENTS FOR THE SEGREGATION OF
CARGO

17. (1) Notwithstanding the provisions of regulation 1(2), for the
purpose of regulations 18. 19. 21 and 26(4), a 'new oil tanker' means
an oil tanker

(a)for which the building contract was placed after 1 June 1979;
or

(b)in the absence of a building contract, the keel of which was
laid, or which was at a similar stage of construction after 1
January 1980. or

(c.) the delivery of which was after 1 June 1982; or

(d) which has undergone a major conversion-

(i) for which the contract was placed after 1 June 1979: or
(ii) in the absence of a contract, the construction work of
which was begun after 1 January 1980; or

(iii) which was completed after 1 June 1982,

except that, for oil tankers of 70 000 tons deadweight and
above, the definition in regulation 1(2) shall apply for the
purposes of regulation 18(1).

(2) For the purposes of regulations 18. 20, 21, 22, 23, 26(5) and
26(6)(c) an 'existing oil tanker' means an oil tanker which is not a new
oil tanker as defined in paragraph (1) of this regulation.

New oil tankers of 20 000 tons deadweight aiid above

18. (1) Every new crude oil tanker of 20 000 tons deadweight and
above and every new product carrier of 30 000 tons deadweight and
above shall be provided with segregated ballast tanks and shall comply
with paragraphs (2), (3) and (4), or paragraph (5) as appropriate, of this
regulation.





(2) The capacity of the segregated ballast tanks shall be such that
the ship may operate safely on ballast voyages without recourse to the
use of cargo tanks for water ballast except as provided for in paragraph
(3) or (4) of this regulation:

Provided that the capacity of the segregated ballast tanks shall be
at least such that, in any ballast condition at any part of the voyage,
including the condition consisting of lightweight plus segregated
ballast only, the ship's draughts and trim can meet each of the following
requirements

(a)the moulded draught amidships (dm) in metres (without taking
into account any ship's deformation) shall not be less than
2.0+0.02L;

(b)the draughts at the forward and after perpendiculars shall
correspond to those determined by the draught amidships
(dm) as specified in sub-paragraph (a) of this paragraph, in
association with the trim by the stern of not greater than
0.015L; and

(c)in any case the draught at the after perpendicular shall not be
less than that which is necessary to obtain full immersion of
the propeller.

(3) In no case shall ballast water be carried in cargo tanks. except

(a)on those voyages when weather conditions are so severe
that, in the opinion of the master, it is necessary to carry
additional ballast water in cargo tanks for the safety of the
ship;

(b)where the particular character of the operation of an oil tanker
renders it necessary to carry ballast water in excess of the
quantity which may be carried in segregated ballast tanks
under paragraph (2) of this regulation, provided that the
Director has approved that condition of operation.

Any such additional ballast water shall be processed and discharged in
accordance with the requirements of regulations 13 and 15 and an entry
of the discharge shall be made in the Oil Record Book.

(4) In the case of new crude oil tankers, the additional ballast
permitted by paragraph (3) of this regulation shall be carried in cargo
tanks only if such tanks have been crude oil washed in accordance
with regulation 21 before departure from an oil unloading port or
terminal.

(5) Notwithstanding the provisions of paragraph (2) of this
regulation the capacity of the segregated ballast tanks for oil tankers
less than 150 metres in length shall be as may be determined by the
Director.





(6) Every new crude oil tanker of 20 000 tons deadweight and above
shall be fitted with a cargo tank cleaning system using crude oil
washing. This system shall fully comply with the requirements of
reaulation 21 within one year after the tanker is first engaged in the trade
of carrying crude oil or by the end of the third voyage carrying crude oil
suitable for crude oil washing. whichever occurs later. Unless such oil
tanker carries crude oil which is not suitable for crude oil washing. it
shall operate the system in accordance with regulation 21.

Existing crude oil tankers of 40 000 tons deadweight aiid above

(7) Subject to the provisions of paragraphs (8) and (9) of this
regulation and to the provisions of regulations 22 and 23, every existing
crude oil tanker of 40 000 tons deadweight and above shall be provided
with segregated ballast tanks and shall comply with the requirements of
paragraphs (2) and (3) of this regulation from the commencement of
these Regulations.

(8) Subject to regulations 22 and 23. existing crude oil tankers of 40
000 tons deadweight and above may. in lieu of being provided with
segregated ballast tanks. operate with a cargo tank cleaning procedure
using crude oil washing in accordance with regulation 21 unless the
crude oil tanker is intended to carry crude oil which is not suitable for
crude oil washing.

(9) Subject to regulations 22 and 23. existing crude oil tankers of 40
000 tons deadweight and above may, in lieu of being provided with
segregated ballast tanks or operating with a cargo tank cleaning
procedure using crude oil washing. operate with dedicated clean ballast
tanks in accordance with the provisions of regulation 20 for the
following period

(a)for crude oil tankers of 70 000 tons deadweight and above,
until 2 October 1985; and

(b)for crude oil tankers of 40 000 tons deadweight and above but
below 70 000 tons deadweight. until 2 October 1987.

Existing product carriers of 40 000 tons deadweight and above

(10) Subject to regulation 22. from the commencement of these
Regulations every existing product carrier of 40 000 tons deadweight
and above shall be provided with segregated ballast tanks and shall
comply with the requirements of paragraphs (2) and (3) of this
regulation. or, alternatively, operate with dedicated clean ballast tanks in
accordance with the provisions of regulation 20.





An oil tanker described in the IOPP or HKOPP Certificate as
a segregated ballast oil tanker

(11) Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraph (1), (7) or (10) of
this regulation may be described in the IOPP or HKOPP Certificate as a
segregated ballast tanker if it complies with the requirements of
paragraphs (2) and (3), or paragraph (5) as appropriate to this
regulation.

19. (1) In every new crude oil tanker of 20 000 tons deadweight and
above and every new product carrier of 30 000 tons deadweight and
above, the segregated ballast tanks required to provide the capacity to
comply with regulation 18 which are located within the cargo tank
length shall be arranged, in accordance with the requirements of
paragraphs (2), (3) and (4) of this regulation. to provide a measure of
protection against oil outflow in the event of grounding or collision.

(2) Segregated ballast tanks and spaces other than 611 tanks
within the cargo tank length (L) shall be so arranged as to comply with
the following requirement

PA + PA >, J[L, (B + 2D) 1

where-

PA, =the side shell area in square metres for each segregated
ballast tank or space other than an oil tank based on
projected moulded dimensions;

PA, = the bottom shell area in square metres for each such tank or
space based on projected moulded dimensions;

L, = the length in metres between the forward and after extremities
of the cargo tanks;

B = the maximum breadth of the ship in metres as defined in
regulation 1(2);

D =the moulded depth in metres measured vertically from the top
of the keel to the top of the freeboard deck beam at the side
at amidships. In ships having rounded gunwales, the
moulded depth shall be measured to the point of
intersection of the moulded lines of the deck and side shell
plating, the lines extending as though the gunwale were of
angular design;

J 0.45 for oil tankers of 20 000 tons deadweight and 0. 30
for oil tankers of 200 000 tons deadweight and above,
subject to the provisions of paragraph (3) of this regula-
tion. For intermediate values of deadweight the value of
'J' shall be determined by linear interpolation.

For the purposes of this regulation the symbols referred to in this
paragraph shall have the meaning as laid down in this paragraph.





(3) For tankers of 200 000 tons deadweight and above the value of
'J' may be reduced as follows

J reduced= J - a - 40, or 0.2 whichever is greater

where-

a = 0.25 for oil tankers of 200 000 tons deadweight.
a = 0.40 for oil tankers of 300 000 tons deadweight.
a =0.50 for oil tankers of 420000 tons deadweight and
above.
For intermediate values of deadweight the value of 'a'
shall be determined by linear interpolation.

0, =has the same meaning as in regulation 27(1)(b)(i),
0, = has the same meaning as in regulation 27(1 )(b)(ii),
0, = the allowable oil outflow as required by regulation 28(2).

(4) In calculating the value of'PA' and 'PA' for segregated
ballast tanks and spaces other than oil tanks

(a)where the width of any wing tank or space which extends for
the full depth of the ship's side or from the deck to the top of
the double bottom is less than 2 metres measured inboard froni
the ship's side at right angles to the centre line. that wing tank
or space shall riot be taken into account when calculating the
protecting area 'PA' and

(b)where the depth of aily double bottorn tank or space is less
than or 2 metres. that double bottom tank or space shall

not be taken into account when calculating the protecting
area

The width aiid depth of wing tanks and double bottom tanks shall be
measured clear of the bilge area aiid. in the case of width. shall be
measured clear of any rounded gunwale area.

20. (1) An oil tanker operating with dedicated clean ballast
tanks in accordance with the provisions of regulation 18(9) or (10) shall
have adequate tank capacity. dedicated solely to the carriage of clean
ballast as defined in regulation 1(2) to meet the requirements of
regulation 18(2) and (3). as those provisions apply to segregated ballast
tanks.

(2) The arrangements and operational procedures for dedicated
clean ballast tanks shall comply with the requirements of Schedule 6
hereto.

(3) An oil tanker operating with dedicated clean ballast tanks shall
be equipped with an oil content meter approved as being in accordance
with the specification set out in Schedule 3 hereto, so as





to permit supervision of the oil content in the ballast water being
discharged. The oil content meter shall be installed not later than the
first scheduled shipyard visit when cargo tanks are gas-freed and in
any case before 2 October 1986. Until such time as the oil content meter
is installed, it shall, immediately before discharge of any ballast, be
established by examination of the ballast water from dedicated tanks
that no contamination with oil has taken place.

(4) Every oil tanker operating with dedicated clean ballast tanks
shall be provided with a Dedicated Clean Ballast Tank Operation
Manual detailing the system and specifying operational procedures.
This Manual shall have been approved by a Certifying Authority and
shall contain all the information set out in the Specifications referred to
in Schedule 6 hereto. If an alteration affecting the dedicated clean
ballast tank system is made, the Operation Manual shall be revised, and
the revision submitted to the Certifying Authority for his approval.

21. (1) Every crude oil washing system required to be provided in
accordance with regulation 18(6) and (8) shall comply with the
requirements of this regulation.

(2) The crude oil washing installation aiid associated equipment
and arrangements (Including qualification of personnel) shall comply
with the requirements and specifications set out in Schedule 7 hereto.

(3) With respect to the ballasting of cargo tanks. sufficient cargo
tanks shall be crude oil washed prior to each ballast voyage to ensure
that, taking into account the tanker's trading pattern and expected
weather conditions, ballast water will need to be put only into cargo
tanks which have been crude oil washed.

(4) Every oil tanker operating with crude oil washing systems shall
be provided with an Operations and Equipment Manual describing the
system and equipment in detail and specifying the operational
procedures to be followed. This Manual shall have been approved by a
Certifying Authority and shall contain all the information set out in
Schedule 7 hereto. If anv alteration is made affecting the crude oil
washing system the Operations and Equipment Manual shall be
revised, and the revision submitted to the Certifying Authority for his
approval.

22. (1) Subject to the provisions of paragraph (2) of this regulation,
paragraphs (7) to (10) of regulation 18 shall not apply to an existing oil
tanker solely engaged in specific trades between

(a) ports or terminals within a Convention Country; or

(b)ports or terminals of two or more Convention Countries,
where





(i)the voyage is entirely within a Special Area as defined
in regulation 16(1); or
(ii)the voyage is entirely within other limits designated by
the Secretary of State.

(2) The provisions of paragraph (1) of this regulation shall
apply only when the ports or terminals where the cargo is loaded on
such voyages are provided with reception facilities adequate for the
reception and treatment of all the ballast and tank washing water
from oil tankers using them and all the following conditions are
complied with-

(a)subject to the exceptions provided for in regulation 11. all
ballast water. including clean ballast water, and tank
washing residues shall be retained on board until they are
transferred to the said reception facilities. and the entry
relating to such transfer in the appropriate sections of the
Oil Record Book referred to in regulation 10 shall be
endorsed by a competent authority appointed by the
Convention Country;

(b)agreement shall have been reached between the Secretary
of State and the Governments of the Convention Country
or Countries referred to in sub-paragraph (])(a) or (1)(b)
of this regulation concerning the use of an existing oil
tanker for a specific trade,

(c)the adequacy of the reception facilities (in accordance with
any Regulations relating to reception facilities) at the ports
or terminals referred to above, shall have been approved
for the purpose of this regulation by the Governments ' of
the Convention Countries within which those ports or
terminals are situated; and

(d)the IOPP Certificate shall have been endorsed to the effect
that the oil tanker is solely engaged in such specific trade.

23. (1) Where an existing oil tanker of 40 000 deadweight
tons and above is so constructed or operates in such a manner that it
complies at all times with the draught and trim requirements set out
in regulation 18(2) without recourse to the use of ballast water, it
shall be deemed to comply with the segregated ballast tank require-
ments referred to in regulation 18(7), provided that all the. following
conditions are complied with-

(a)the operational procedures and ballast arrangements have
been approved by a Certifying Authority;

(b)when the draught and trim requirements are achieved
through an operational procedure, agreement as to the use
of that procedure has been reached between the Secretary





of State and the Governments of the Convention Countries
concerned;

(c)the IOPP Certificate has been endorsed to the effect that the oil
tanker is operating with special ballast arrangements.

(2) In no case shall ballast be carried in cargo oil tanks except on those
voyages when weather conditions are so severe that, in the opinion of the
master, it is necessary to carry additional ballast water in cargo tanks for the
safety of the ship. Such additional ballast water shall be discharged in
compliance with regulations 13 and 15 and an entry of any discharge of such
water shall be made in the Oil Record Book.

24. (1) Except as provided in paragraph (2) of this regulation. in new
ships of 4000 GRT and above other than oil tankers. and in new oil tankers of
150 GRT and above, no ballast water shall be carried in any oil fuel tank.

(2) Where abnormal conditions or the need to carrv large quantities of oil
fuel render it necessary for ships referred to in paragraph (1) of this regulation
to carry ballast water which is not clean ballast water in any oil fuel tank, such
ballast water shall be discharged to reception facilities or into the sea in
compliance with regulation 12 using the equipment specified in regulation
14(2). and an entry of any such discharge shall be made in the Oil Record Book.

(3) All other ships shall comply with the requirements of paragraph (1)
of this regulation so far as it is reasonable -and practicable to do so.

25. (1) Every ship of 400 GRT and above shall be provided with a tank or
tanks of adequate capacity, having regard to the type of machinery installed
and length of voyage, to receive any oily residues (sludges) which cannot be
dealt with otherwise in accordance with the requirements of these Regulations,
such as those resulting from the purification of fuel and lubricating oils and oil
leakages in the machinery spaces.

(2) In new ships, such tanks shall be designed and constructed so as to
facilitate their cleaning and the discharge of residues to reception facilities.
Existing ships shall comply with this requirement so far as it is reasonable and
practicable to do so.

(3) Every ship to which this regulation applies shall be provided with
piping to enable residues from machinery spaces and machinery space bilges to
be pumped to a reception facility. This piping shall be led to the open deck and
there fitted with a flange in accordance with the following dimensions





STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE
CONNECTIONS

26. (1) In every oil tanker, a discharge manifold for connection to
reception facilities for the discharge of dirty ballast water or oil
contaminated water shall be located on the open deck on both sides of
the ship.

(2) In every oil tanker. pipelines for any discharge to the sea of
ballast water or oil contaminated water from cargo tank areas which may
be permitted under regulation 13 or 16 shall be led to the open deck or
to the ship's side above the waterline in the deepest ballast condition,
or, subject to the approval of the Director, below the waterline

(a)to enable such discharges below the waterline as are
permitted by paragraph (6) of this regulation to be made; and

(b)where the discharge outlet is located above the departure
ballast waterline but not above the waterline in the deepest
ballast condition, if so located before 1 January 1981.

(3) In new oil tankers means shall be provided for stopping the
discharge into the sea of ballast water or oil contaminated water from
cargo tank areas, other than those discharges below the waterline
permitted under paragraph (6) of this regulation. from a





position on the upper deck or above, located so that the manifold in use
referred to in paragraph (1) of this regulation and the discharge to the
sea from the pipelines referred to in paragraph (2) of this regulation may
be visually observed: provided that the means for stopping the
discharge may be situated elsewhere than at the observation position if
an effective communication system, such as a telephone or radio
system, is provided between the observation position and the
discharge control position.

(4) Every new oil tanker required to be provided with segregated
ballast tanks or fitted with a crude oil washing system shall comply with
the following requirements

(a)it shall be equipped with oil piping so designed and installed
such that oil retention in the lines is minimized;

(b)means shall be provided to drain all cargo pumps and all oil
lines at the completion of cargo discharge where necessary
by connection to a stripping device. so designed that the line
and pump drainings shall be capable of being discharged
both ashore and to a cargo tank or a slop tank. For discharge
ashore a special small diameter line shall be provided and
connected outboard of the deck manifold valves, both port
and starboard.

(5) Every existing crude oil tanker required to be provided with
segregated ballast tanks, or to be fitted with a crude oil washing
system, or to operate with dedicated clean ballast tanks shall comply
with the provisions of paragraph (4)(b) of this regulation.

(6) Ballast water or oil contaminated water from the cargo tank
areas of any oil tanker shall be discharged only above the waterline:

Provided that

(a)segregated ballast and clean ballast may be discharged below
the waterline
(i) in ports or at offshore terminals, or
(ii) at sea by gravity,

provided that the surface of the ballast water has been
examined immediately before the discharge to ensure that no
contamination with oil has taken place.

(b)Existing oil tankers which, without modification, are not
capable of discharging segregated ballast above the waterline
may discharge segregated ballast below the waterline at sea,
provided that the surface of the ballast water has been
examined immediately before the discharge to ensure that no
contamination with oil has taken place.

(c)Existing oil tankers operating with dedicated clean ballast
tanks which without modification are not capable of





discharging ballast water from the dedicated clean ballast
tanks above the waterline, may discharge this ballast below
the waterline provided that the discharge of the ballast water
is supervised with the aid of an oil content meter as provided
for in regulation 20(3).

(d)Dirty ballast water or oil contaminated water from tanks in the
cargo area of an oil tanker at sea, other than slop tanks, may
be discharged by gravity below the waterline, provided that
sufficient time has elapsed in order to allow oil/water
separation to have taken place and the ballast water has been
examined immediately before the discharge with an oil/water
interface detector of the kind referred to in regulation 15(3)(e),
in order to ensure that the height of the interface is such that
the discharge does not involve any increased harm to the
marine environment.

(e)Dirty ballast water or oil contaminated water from cargo tank
areas of an existing oil tanker at sea may be discharged below
the waterline. subsequent to or in lieu of discharge by the
method referred to in sub-paragraph (d) of this paragraph,
provided that

(i)a part of the flow of such water is led through permanent
piping to a readily accessible location on the upper deck
or above where it may be visually observed during the
discharge operation; and

(ii)such part flow arrangements comply with the
requirements of Schedule 8 hereto.

PART V

REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS
DUE TO SIDE AND BOTTOM DAMAGE

27. (1) For the purposes of this Part 'side and bottom damage' and
'hypothetical outflow of oil' shall have the following meanings

(a)side and bottom damage shall be assumed to be damage
having the dimensions described below caused to the side or
bottom of the ship. In the case of bottom damage the
dimensions to be assumed are those which relate to the
position of damage, as described below.

(i) Side damage

Longitudinal or 14.5 metres, whichever

extent (1,): is less





Transverse B or 11. 5 metres, whichever
extent 5
(inboard from the is less
ship's side at right
angles to the centre-
line at the level
corresponding to the
assigned summer
freeboard)
Vertical extent (v,): from the base line upwards
without limit
(ii) Bottom damage Position of Damage

For 0.3 L from Any other
the forward part of the
perpendicular ship
of the ship
Longitudinal L L or 5 metres,
extent (1 ): 10 1-0
whichever is
less

Transverse extent (t ) B or 10 metres, 5 metres


whichever is
less but not less
than 5 metres
Vertical extent from B or 6 metres,
the base line (v,): 15
whichever is
less

The symbols in brackets in the first column of the above table
shall have the meaning indicated in relation thereto, which
shall, apply for the purposes of this Part of these
Regulations.

(b)The hypothetical outflow of oil in the case of side damage (O )
and bottom damage (O ) shall be calculated by the following
formulae with respect to compartments breached by damage at
all conceivable locations along the length of the ship to the
extent as described in paragraph (1)(a) of this regulation.

(i) for side damage: (I)


(ii) for bottom damage:
(II)





where:

W, =volume in cubic metres of a wing tank assumed to
be breached by the damage as described in
paragraph (1)(a) of this regulation. W for a
segregated ballast tank may be taken as equal to
zero.

C =volume in cubic metres of a centre tank assumed to
be breached by the damage as described in
paragraph (1)(a) of this regulation. C for a
segregated ballast tank may be taken as equal to
zero.
Ki =I- bi when bi is equal to or greater than T,, Ki
shall be taken as equal to zero.

Z =I- hi when h, is equal to or greater than vs, Zi v
shall be taken as equal to zero.

b, =i-ninimum width in metres of the wing tank under
consideration, measured inboard from the ship's
side at right angles to the centreline at the level
corresponding to the assigned summer
freeboard.

h, =minimum depth in metres of the double bottom
under consideration; where no double bottom is
fitted hi shall be taken as equal to zero.

The symbols set out in this sub-paragraph shall have the
meanings assigned to them, which shall apply for the
purposes of this Part of these Regulations.

(2) Where a void space or segregated ballast tank of a length less
than 1, as defined in paragraph (1)(a)(i) of this regulation is located
between wing oil tanks, 0, in formula (1) set out in paragraph (])(b) of this
regulation may be calculated on the basis of volume W being the actual
volume of one such tank (where they are of equal capacity) or the
smaller of the two tanks (if they differ in capacity), adjacent to such
space, multiplied by Si as defined below and taking for all other wing
tanks involved in such a collision the value of the actual full volume of
those tanks.

Si= 1

where 1=length in metres of void space or segregated ballast tank
under consideration.





(3)(a) For the purpose of paragraph (1)(b) of this regulation
account shall be taken of double bottom tanks which are
either empty or carrying clean water only when cargo is
carried in the tanks above.

(b)Where the double bottom does not extend for the full length
and width of the tank involved, the double bottom shall be
considered non-existent and the volume of the tanks above
the area of the bottom damage shall be included in formula
(II) set out in paragraph (1)(b) of this regulation even if the
tank is not considered breached because of the installation of
such a partial double bottom.

(c)Suction wells may be neglected in the determination of the
value of hi provided such wells are not excessive in area and
extend below the tank in no case more than half the height of
the double bottom. If the depth of such a well exceeds half
the height of the double bottom, hi shall be taken to be equal
to the double bottom height minus the well height.

(d)Piping serving suction wells if installed within the double
bottom shall be fitted with valves or other closing
arrangements located at the point of connection to the tank
served so as to prevent oil outflow in the event of damage to
the piping. Such piping shall be installed as high from the
bottom shell as possible. These valves shall be kept closed at
sea whenever the tank contains oil cargo, except that they
may be opened only to transfer cargo for trimming the ship.

(4) In the case where bottom damage simultaneously involves four
centre tanks, the valve of O may be calculated according to the formula.

O = + (III)

(5)(a) In the case of bottom damage, a reduced amount of oil
outflow may be assumed where a cargo transfer system is
installed which has an emergency high suction in each cargo
tank capable of transferring from a breached tank or tanks to
segregated ballast tanks or to cargo tanks, if such tanks have
sufficient ullage, and if the cargo transfer system complies
with the following requirements

(i)in two hours of operation it is capable of transferring oil
equal to one half of the largest of the breached tanks
involved;

(ii)the ballast or cargo tanks are available and capable of
receiving such quantity; and

(iii)the pipes for such suction are installed at a height of not
less than the vertical extent of the bottom damage v,





(b)Where those requirements are satisfied, the calculation of 0,
shall be in accordance with formula (111) set out in paragraph
(4) of this regulation.

28. (1) Every new oil tanker shall comply with the provisions of this
regulation. Every existing oil tanker shall comply with the provisions of
this regulation by the 2 October 1985 if

(a) it was delivered to its first owner after 1 January 1977; or

(b) it was delivered to its first owner on or before-

(i) 1 January 1977; and

(ii)the building contract for the tanker was placed after 1
January 1974, or in cases where there was no building
contract the keel was laid or the tanker was at a similar
stage of construction after 30 June 1974.

(2) Cargo tanks of oil tankers shall be of such size and
arrangements that the hypothetical outflow O, or O calculated in
accordance with the provisions of regulation 27(1)(b), anywhere in the
length of the ship does not exceed 30 000 cubic metres or 400 ',/DW,
whichever is the greater, but subject to a maximum of 40 000 cubic
metres.

(3) The volume of any one wing cargo oil tank of an oil tanker shall
not exceed 75 per cent of the limits of the hypothetical outflow 0, or 0,
referred to in paragraph (2) of this regulation. The volume of any one
centre cargo oil tank shall not exceed 50 000 cubic metres. However, in
segregated ballast oil tankers as defined in regulation 18 of these
Regulations the permitted volume of a wing cargo oil tank situated
between two segregated ballast tanks, each exceeding 1, in length may
be increased to the maximum limit of hypothetical oil outflow provided
that the width of the wing tanks exceeds t

(4) The length of each cargo tank shall not exceed 10 metres or one
of the following values, whichever is the greater

(a) where no longitudinal bulkhead is provided 0.1L


(b)where a longitudinal bulkhead is provided at the centreline
only 0.15L

(c) where two or more longitudinal bulkheads are provided-

(i) for wing tanks:

0.2L (ii) for
centre tanks:

(1) if h' is equal to or greater than
B
0.2L





(2) if is less than 1/5 :

- where no centreline longitudinal bulkhead is provided:

0.5 bi +0.1 L
B

-where a centreline longitudinal bulkhead is provided:

L
B

(5) In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) of this regulation and irrespective of the type
of cargo transfer system installed, when such a system interconnects
two or more cargo tanks, valves or other similar closing devices shall be
provided for separating the tanks from each other. These valves or
devices shall be closed when the tanker is at sea.

(6) Lines of piping which run through cargo tanks in a position
less than from the ship's side or less than v, from the ship's bottom
shall be fitted with valves or similar closing devices at the point at
which they open into any cargo tank. These valves shall be kept closed
at sea at any time when the tanks contain cargo oil, except that they
may be opened for cargo transfer needed for the purpose of trimming of
the ship.

29. (1) Every new oil tanker shall comply with the subdivision and
damage stability criteria as specified in paragraph (3) of this regulation,
after the assumed side or bottom damage as specified in paragraph (2)
of this regulation, for any operating draught reflecting actual partial or
full load conditions consistent with the trim and strength of the ship as
well as the specific gravities of the cargo. Such damage shall be
assumed to have occurred at all conceivable locations along the length
of the ship as follows

(a) in tankers of more than 225 metres in length, anywhere in the
ship's length;

(b) in tankers of more than 150 metres, but not exceeding 225
metres in length, anywhere in the ship's length except
locations involving either after or forward bulkheads bounding
the machinery space located aft. This machinery space shall be
treated as a single floodable compartment;

(c) in tankers not exceeding 150 metres in length, anywhere in the
ship's length between adjacent transverse bulkheads with the
exception of the machinery space. Any tanker of 100 metres or
less in length which cannot fulfil all the requirements of
paragraph (3) of this regulation without materially impairing
the operational qualities of the ship shall comply with such
lesser requirements as the Director may impose.





Ballast conditions where the tanker is not carrying oil in cargo tanks
excluding any oil residues, shall not be taken into account.

(2) The following provisions regarding the extent and the character
of the assumed damage shall apply

(a) Side damage
(i) Longitudinal extent 'L3 or 14.5 metres, whichever
3
(1,): is less
(ii) Transverse extent B or 11.5 metres, whichever
(inboard from the 5
ship's side at right is less
angle to the centre-
line at the level of
the summer load
line)
(iii) Vertical extent From the moulded line of the
bottom shell plating at centre
line, upwards without limit
(b) Bottom damage Position of
Damage
For 0.3 L from Any other
the forwardpart of the
perpendicular ship
of the ship
2 2
(i) Longitudinal extent 'L 3 or 14.5 or 5
-S 3
metres, which _ metres, which-
ever is lessever is less
(ii) Transverse extent B or 10-D~ or 5 metres,
6 6
metres. which- whichever is
ever is less less
(iii) Vertical extent B or 6 metres, B or 6 metres,
15 15
whichever iswhichever is
less, measured less, measured
from the from the
moulded linemoulded line
of the bottom of the bottom
shell platingshell plating at
at centre line centre line

(c) If any damage of a lesser extent than the maximum extent of
damage specified in sub-paragraphs (a) and (b) of this
paragraph would result in a more severe condition in relation
to the ship's stability, such damage shall be assumed.

(d) Where the damage envisaged in sub-paragraph (1)(a) or (b) of
this regulation would involve transverse watertight bulkheads.
such bulkheads shall not be considered effective





unless they are spaced at a distance at least equal to the
longitudinal extent of the assumed damage specified in sub-
paragraphs (a) and (b) of this paragraph. Where such
bulkheads are spaced at a lesser distance, one or more of
these bulkheads within such extent of damage shall be
assumed to be non-existent for the purpose of determining
which compartments are flooded.

(e)Where the damage envisaged in sub-paragraph (1)(c) of this
regulation occurs between adjacent transverse watertight
bulkheads no main transverse bulkhead or transverse
bulkhead bounding side tanks or double bottom tanks shall be
assumed damaged unless

(i)the spacing between the adjacent bulkheads is less than
the longitudinal extent of the assumed damage specified
in sub-paragraphs (a) and (b) of this paragraph; or

(ii)there is a step or recess in the transverse bulkhead of
more than 3.05 metres in length, located within the extent
of penetration of the assumed damage. The step formed
by the after peak bulkhead and after peak tank top shall
not be regarded as a step for the purpose of this
regulation.

(f) If pipes, ducts or tunnels are situated within the assumed
extent of damage, arrangements shall be made so that
progressive flooding cannot thereby extend to compartments
other than those assumed to be floodable for each case of
damage.

(3) Oil tankers shall be regarded as complying with the damage
stability criteria if the following requirements are met

(a)The final waterline, taking into account sinkage. heel and trim,
shall be below the lower edge of any opening through which
progressive flooding may take place. Such openings shall
include air pipes and those openings which are closed by
means of weathertight doors or hatch covers, but may exclude
those openings which are closed by means of watertight
manhole covers and flush scuttles, small watertight cargo tank
hatch covers which maintain the high integrity of the deck,
remotely operated watertight sliding doors, and side scuttles
of the non-opening type.

(b) In the final stages of flooding, the angle of heel due to
unsymmetrical flooding shall not exceed 25 degrees, provided
that this angle may be increased up to 30 degrees if no deck
edge immersion occurs as a result of such increase.

(c) The stability in the final stage of flooding shall be
investigated and may be regarded as sufficient if the righting
lever curve has a range of at least 20 degrees beyond the
condition of equilibrium in association with a maximum





residual righting lever of at least 0.1 metre within the 20 degree
range; the area under the curve within this range shall not be
less than 0.0175 metre radian., Unprotected openings shall
not be immersed within this range unless the space concerned
is assumed to be flooded. Within this range, the immersion of
any of the openings listed in sub-paragraph (a) of this
paragraph and other openings capable of being closed
weathertight may be permitted.

(d) Equalization arrangements requiring mechanical aids such as
valves or cross-levelling pipes, if fitted, shall not be taken into
account for the purpose of reducing an angle of heel or
attaining the minimum range of residual stability to meet the
requirements of sub-paragraphs (a), (b) and (e) of this
paragraph and sufficient residual stability shall be maintained
during all stages where equalization is used. Spaces which are
linked by ducts of large cross-sectional area may be
considered to be as one.

(e) A Certifying Authority. before approving the stability for the
ship. shall be satisfied that the stability is sufficient during
intermediate stages of flooding.

(4) The requirements of paragraph (1) of this regulation shall be
deerned not to have been complied with unless compliance is confirmed
by calculations which take into consideration the design characteristics
of the ship, the arrangements, configuration and contents of the
damaged compartments; and the distribution. special- . gravities and
free surface effect of liquids. The calculations shall be based on the
following-

(a) Account shall be taken of any empty or partially filled tank.
the specific gravity of the cargo carried. and any outflow of
liquids frorn damaged compartments.

(b)The permeabilities ties assumed for spaces flooded as a result
of damage shall be as follows

*The permeability of partially filled compartments shall be
consistent with the amount of liquid carried in the compartment.
Whenever damage penetrates a tank containing liquid. it shall be
assumed that the contents are completely lost from that compartment
and replaced by salt water up to the level of the final plane of
equilibrium.

(c)The buoyancy of any superstructure directly above the side
damage shall not be taken into account. The unflooded





parts of superstructure beyond the extent of damage may
be taken into account provided that they are separated
from the damaged space by watertight bulkheads and that
the requirements of sub-paragraph (3)(a) of this regulation
in respect of these intact spaces are complied with. Hinged
watertight doors may be fitted in watertight bulkheads in
the superstructure.

(d)The free surface effect shall be calculated at an angle of
heel of 5 degrees for each individual compartment. The
Director may require, or allow, the free surface corrections
to be calculated at any angle of heel greater than 5 degrees
for partially filled tanks.

(e)In calculating the effect of free surfaces of consumable
liquids it shall be assumed that, for each type of liquid at
least one transverse pair of tanks or a centreline tank has a
free surface and the tank, or combination of-tanks. to be
taken into account shall be those where the effect of the
free surface is the greatest.

(5) The master of every oil tanker and the person in charge of
a non-self-propelled oil tanker to which these Regulations apply
shall be supplied by the owner with-

(a)information relative to loading and distribution of cargo
necessary to ensure compliance with the provision of this
regulation; and

(b)data on the ability of the ship to comply with the damage
stability criteria prescribed by this regulation, including the
effect of any lesser requirements that may have been
imposed under sub-paragraph (1)(c) of this regulation.

Such information and data shall be supplied in a form approved by
the Director.

PART VI

OFFSHORE INSTALLATIONS

30. (1) Offshore installations, when engaged in the explora-
tion, exploitation and associated offshore processing of sea bed
mineral resources, shall comply with the requirements of these
Regulations applicable to ships of 400 GRT and above other than
oil tankers, notwithstanding that the installations are not proceeding
on a voyage, except that-

(a)they shall be equipped as far as practicable with the
installations required by regulations 14 and 25(1) and (2)
of these Regulations;

(b)they shall keep a record of all operations involving oil or
oily mixture discharges, in an approved form.





(2) Any offshore installation when so engaged shall not discharge
into any part of the sea

(a)outside the waters of Hong Kong any oil or oily mixtures with
an oil content of 100 ppm or more;

(b)in any special area (as defined by regulation 16) or within the
waters of Hong Kong, any oil or oily mixtures with an oil
content of 15 ppm or more.

(3) For the purpose of this regulation-

(a) 'offshore installation' means any mobile or fixed drilling or
production platform or any other platform used in connection
with the exploration, exploitation or associated offshore
processing of sea bed mineral resources;

(b)'oil or oily mixtures- means discharge associated with
platform drainage and does not include production or
displacement water discharge.

PART VII

REPORTING OF DISCHARGES

31. (1) This regulation applies to-

(a) all ships within 200 miles of Hong Kong.

(b) all Hong Kong ships within 200 miles of the nearest land;

(c) all Hong Kong oil tankers when fully or partly laden; and

(d) all Hong Kong ships of 10 000 GRT and above.

(2) The master of a ship to which this regulation applies shall make
reports in accordance with paragraphs (4) and (6) of this regulation
whenever aii incident involves any discharge or probable discharge of
oil or oily mixtures as a result of damage to the ship or its equipment or
for the purpose of securing the safety of the ship or saving life at sea. In
assessing the probability of a discharge, the master shall take into
account

(a)the nature of the damage, failure or breakdown of the ship,
machinery or equipment;

(b)sea and wind state and traffic density in the area at the time
and place of the incident.

(3) The master may make a report in cases of-

(a) any damage, failure or breakdown which affects the safety of
ships, such as collision, grounding, fire, explosion, structural
failure, flooding or cargo shifting; and

(b) any failure or breakdown of machinery or equipment which
results in the impairment of the safety of navigation, such as
failure or breakdown of steering gear, propulsion plant.
electrical generating system or essential shipborne
navigational aids.





(4)(a) The master of a ship proceeding to enter the waters of
Hong Kong shall make any report required by this regulation
without delay, either directly through the owner or his agent,
or through the coast radio station to the Director, not less
than 12 hours prior to the expected arrival of the ship.

(b)The master of a Hong Kong ship more than 200 miles from
Hong Kong shall make any report so required without delay
to the nearest coastal State or to the coastal State which he
considers to be most at risk from the actual or potential
effects of the incident.

(5) The master's initial report shall contain the following
particulars

(a)name of ship, call sign. frequency or radio channel kept open;

(b) date and time of incident;

(c)position and extent of any pollution including, if possible
estimated amount and surface area of spill:

(d) present position of ship (if different from ((c));

(e) if discharge is continuing, approximate rate of release;

wind direction and speed, and condition of current or tide
affecting spill movement;

(g) weather conditions and sea state in ship's present position;

(h) type of oil discharged,

(i)types and quantities of oils still on board and whether or not
carried as cargo;

type of ship, size, nationality and port of registry;

(k)ship's course, speed and destination. if proceeding on its
way;

(l)brief description of the incident, including damage sustained
and the cause of any discharge;

(m) ability to transfer cargo or ballast or bunkers;

(n)any remedial action taken or intended to deal with any actual
or potential pollution or to control the movement of the ship;

(o)forecast of likely movement and effect of pollution with
estimated timing; and

(p)assistance which has been requested from or which has been
provided by other ships or agencies.

(6) Following the initial report the master shall make a further report
to the authority referred to in paragraph (4), containing the following
particulars





(a)position of ship at time of incident, if different from that at
the time of the initial report;

(b)estimate of the quantities, concentrations and likely condi-
tions of oils-
(i) discharged; and
(ii) likely to be discharged,

from the ship;

(c)ship's course, speed and destination at time of incident, if
different from that at the time of the initial report;

(d)all relevant information regarding the condition of the
ship; and

(e)telegraphic address of the ship's operator, charterer and
nearest local agent.

PART VIII

POWERS TO INSPECT, DENY ENTRY, DETENTION AND PENALTIES

32. (1) A ship to which these Regulations apply shall be
subject. in the waters of Hong Kong. to inspection by persons
appointed by the Secretary for Economic Services. Any such inspec-
tion shall be limited to verifying that there is on board a valid IOPP
Certificate in the form prescribed by the Convention or HKOPP
Certificate in a form prescribed in Schedule 1 hereto, unless there are
clear grounds for believing that the condition of the ship or its
equipment does not correspond substantially with the particulars of
that certificate. In that case, or if the ship does not carry a valid
certificate, the inspector shall take such steps as he may consider
necessary to ensure that the ship shall not sail until it can proceed to
sea without presenting an unreasonable threat of harm to the marine
environment. The Director may in such a case permit the ship to
leave the waters of Hong Kong for the purposes of proceeding to the
nearest appropriate repair yard.

(2) Upon receiving evidence that a particular ship has dis-
charged oil or an oily mixture contrary to the provisions of these
Regulations the Director shall cause the matter to be investigated
and shall inform the State which has reported the contravention, as
well as the Organization, of the action taken.

(3) The Director may also cause a ship other than a Hong
Kong ship to be inspected when she enters the waters of Hong Kong
if a request for an investigation is received from any State which is a
Party to the Convention together with sufficient evidence that the
ship has discharged oil or an oily mixture in any place. The report of
such investigation shall be sent to the State requesting it, the State in
which the ship is registered and to the Director.





(4) For the purposes of this regulation any person appointed as
an inspector shall have the powers of an inspector set out in sections
27 and 28 of the Merchant Shipping Act 1979.

33. (1) If the Director has reason to believe that a ship does not
comply with the requirements of these Regulations, he shall
immediately report the matter to the Secretary for Economic Services
and, if the Secretary is satisfied that the ship represents an
unreasonable threat of harm to the marine environment, the Director
may deny the entry of such ship to the waters of Hong Kong.

(2) In any case where a ship to which these Regulations apply is
suspected of a contravention of these Regulations', the ship shall be
liable to be detained and in the circumstances prescribed in regulation
9(1) and (6), shall be detained; and section 692 of the Merchant
Shipping Act 1894 (which relates to the detention of a ship) shall have
effect in relation to the ship. subject to the following modifications

(a) in subsection (1)

(i)for the words---this Act- there shall be substituted 'the
Merchant Shipping (Prevention of Oil Pollution)
Regulations 1984';

(ii)for the words 'any officer of the Board of Tradethere
shall be substituted 'the Director or any other officer of
the Marine Department-: and

(Iii)for the words fifty thousand pounds- there shall be
substituted '$500,000'; and

(b) in subsection (2)

(i)for the words---Boardof Trade' there shall be substituted
'Marine Department-; and

(ii)for the words 'one thousand pounds' there shall be
substituted '$10,000'.

(3) Where in the case of a ship other than a Hong Kong ship the
Director denies a ship entry pursuant to paragraph (1) or detains her
pursuant to paragraph (2) of this regulation he 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.

34. (1) If any ship fails to comply with any requirement of these
Regulations (other than regulation 12, 13 or 16) the owner and the
master of the ship each commits an offence and is liable to a fineof
$10,000 or on conviction on indictment to a fine.

(2) If any ship fails to comply with any requirement of regulation
12, 13 or 16, the owner and the master each commits an offence and is
liable to a fine of $500,000 or on conviction on indictment to a fine.

(3) It shall be a defence for a person charged under this regulation
to show that he took all reasonable precautions and exercised all due
diligence to avoid the commission of the offence.





SCHEDULE 1 [reg. 7(5).]

OIL POLLUTION AND PREVENTION CERTIFICATES

1. CONTENTS
APPENDIX I INTERNATIONAL OIL POLLUTION PREVENTION
CERTIFICATE FOR OIL TANKERS
APPENDIX II INTERNATIONAL OIL POLLUTION PREVENTION
CERTIFICATE FOR SHIPS OTHER THAN OIL TANKERS
APPENDIX III HONG KONG OIL POLLUTION PREVENTION CERTIFICATE
FOR OIL TANKERS
APPENDIX IVHONG KONG OIL POLLUTION PREVENTION CERTIFICATE
FOR SHIPS OTHER THAN OIL TANKERS

2. NOTES

1 . Each of the oil pollution and prevention certificates listed above shall be
supplemented by a Record of Construction and Equipment.

2. Any reference in this Schedule to a regulation means
(i)in the IOPP Certificate a regulation of that number in Annex I of the
Convention;

(ii) in the HKOPP Certificate a regulation of that number in these Regulations.

3. Any reference in this Schedule to a Resolution means a reference to a
Resolution of that number published by the Organization.

4. In this Schedule-
SBT means segregated ballast tanks:
SPL means protective location:
COW means crude oil washing:
CBT means clean ballast tanks.

SUR (OIL TANKER) APPENDIX


In duplicate

INTERNATIONAL OIL POLLUTION PREVENTION
CERTIFICATE AND SUPPLEMENT

Issued under the provisions of the
INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION
FROM SHIPS, 1973 AS MODIFIED BY THE PROTOCOL OF 1978
RELATING THERETO. UNDER THE AUTHORITY OF THE
GOVERNMENT
OF HONG KONG







Type of ship--

*Oil tanker

*Ship other than an oil tanker with cargo tanks coming under regulation 2(2) of Annex I of the
Convention

THIS IS TO CERTIFY

1.That the ship has been surveyed in accordance with regulation 4 of Annex 1 of the Convention;
and

2.That the survey shows that the structure, equipment, systems. fittings, arrangement and material
of the ship and the condition thereof are in all respects satisfactory and that the ship complies
with the applicable requirements of Annex I of the Convention.

This Certificate is valid until ....................................................................

subject to surveys in accordance with regulation 4 of Annex 1 of the Convention.

Issued at .............(Place of issue of certificate)

..19
............................................................

(Signature of duly authorized official
issuing the Certificate)

*Delete as appropriate,

ENDORSEMENT FOR ANNUAL AND INTERMEDIATE SURVEYS

THIS IS TO CERTIFY that at a survey required by regulation 4 of Annex 1 of the Convention the
ship was found to comply with the relevant provisions of the Convention

Annual survey- Signed
(Signature of duly authorized official
conducting the survey)
Official Place
Stamp
Date

Annual*/ Intermediate* survey- Signed
.....................................................

(signature of duly, authorized official

..conducting the survey)

Official Place
Stamp
Date

Annual*/ Intermediate* survey- Signed ..................................................................

(Signature of duly authorized official
conducting the survey)

Official Place
Stamp

Date....................................................................





Annual survey Signed
(Signature of duly authorized official
conducting the survey)
Official Place
Stamp Date
Annual survey- Signed
(Signature of duly authorized official
conducting the survey)


Official Place
Stamp

Date....................................................................

*Delete as appropriate.

THE GOVERNMENT
OF
HONG KONG

SUPPLEMENT TO THE INTERNATIONAL OIL POLLUTION
PREVENTION CERTIFICATE
(IOPP CERTIFICATE)

RECORD OF CONSTRUCTION AND EQUIPMENT FOR OIL TANKERS

in respect of the provisions of the International Convention for the Prevention of
Pollution from Ships. 1973. as modified by, the Protocol of 1978 relating thereto
(hereinafter referred to as---the Convention')

Notes

1 .This Record shall be permanently attached to the IOPP Certificate. The
IOPP Certificate shall be available on board the ship at all times.

2.Entries in boxes shall be made by inserting either (Y) for the answers 'yes- and
-applicable' or (N) for the answers---no-and---notapplicable' as appropriate.

3.Regulations mentioned in this Record refer to Regulations of Annex 1 of the
Convention and resolutions referred to those adopted by the International
Maritime Organization.

1 . PARTICULARS OF SHIP

1.1 Name of ship
..................................................................................................
....

1.2 Official number
..............................

1.3 Port of registry
..................................................................................................
.

1.4 Gross tonnage
..............................
1.5 Carrying capacity of ship (m ) )





1.6 Deadweight of ship ...............(metric tons) (regulation 1(22))
1.7 Length of ship ...................(m) (regulation 1(18))

1.8 Date of build

1.8.1 Date of building contract ........................................................................

1.8.2 Date on which keel was laid or ship was at a similar stage of construction
....

1.8.3 Date of delivery
.......................................................................................

1.9 Major conversion (if applicable)

1.9.1 Date of conversion contract
....................................................................

1.9.2 Date on which conversion was commenced ............................................

1.9.3 Date of completion of conversion
...........................................................

1.10 Status of ship

1.10.1 New ship in accordance with regulation 1(6)

1.10.2 Existing ship in accordance with regulation
1(7)

1.10.3 New oil tanker in accordance with regulation
1(26)

1.10.4 Existing oil tanker in accordance with regulation
1(27)

1.10.5 The ship has been accepted by the Administration as an ship-
under regulation 1(7) due to unforeseen delay in delivery

1.10.6 The ship has been accepted by the Administration as an oil
tanker--- under regulation 1(27) due to unforeseen delay in delivery

1.10.7 The ship is not required to comply, with the provisions of regulation
24 due to the unforeseen delay in delivery cry

1.11 Type of ship

1.11.1 Crude oil tanker

1.11.2 Product carrier

1.11.3 Crude oil/product carrier

1.11.4 Combination carrier

1.11.5 Ship, other than an oil tanker. with cargo tanks coming under
regulation 2(2) of Annex I of the Convention

1.11.6 Oil tanker dedicated to the carriage of products referred to in
regulation 15(7)

1.11.7 The ship, being designated as a crude oil tanker- operating with
COW, is also designated as a 'product carrier- operating with CBT,
for which a separate IOPP Certificate has also been issued

1.11.8 The ship being designated as a -product carrier--- operating with CBT.
is also designated as a crude oil tanker- operating with COW, for
which a separate IOPP Certificate has also been issued

1.11.9 Chemical tanker carrying oil

2. EQUIPMENT FOR THE CONTROL OF OIL DISCHARGE FROM
MACHINERY SPACE BILGES AND OIL FUEL TANKS (Regulations 10 and 16)

2.1 Carriage of ballast water in oil fuel tanks

2. 1.1The ship may under normal conditions carry ballast water in oil fuel
tanks

2.1.2The ship does not under normal conditions carry ballast water in oil
fuel tanks





2.2 Type of separating/filtering equipment fitted

2.2.1 Equipment capable of producing effluent with oil content less than
100 ppm

2.2.2 Equipment capable of producing effluent with oil content not
exceeding 15 ppm

2.3 Type of control system

2.3.1 Discharge monitoring and control system (regulation 16(5))-

.1 with automatic stopping device

.2 with manual stopping device D

2.3.2 15 ppm alarm (regulation 16(7))

2.3.3Automatic stopping device for discharges in special areas (regulation
10(3)(h)(vi))

2.3.4 Oil content meter (resolution A.444(Xl))-

.1 with recording device

.2 without recording device

2.4 Approval standards

2.4.1 The separating filtering system-

. 1 has been approved in accordance with resolution A.393(X)

.2 has been approved in accordance with resolution A.233(VII)
.3 has been approved in accordance with National Standards not
based upon resolution A.393(X) or A.233(VII)
.4 has not been approved

2.4.2 The process unit has been approved in accordance with resolution
A.444(Xl)

2.4.3 The oil content meter has been approved in accordance with
resolution A.393(X)

2.5 Maximum throughput of the system is m 3 /h

2.6 Application

2.6.1 The ship is not required to be fitted with the above equipment until

2 October 1986 in accordance with regulation 16(4)

3. TANKS FOR OIL RESIDUES (SLUDGE) (Regulation 17)

3.1 The ship is provided with oil residue (sludge) tanks with the total capacity of

......................

3.2 Means for the disposal of oil residue in addition to the provision of sludge

tanks ...........................................
..Cl

4. STANDARD DISCHARGE CONNECTION (Regulation 19)

4.1The ship is provided with a pipeline for the discharge of residues from
machinery bilges to reception facilities. fitted with a standard discharge
connection in compliance with regulation 19




5. CONSTRUCTION (Regulations 13, 24 and 25)

5.1 In accordance with the requirements of regulation 13. the ship is

5.1.1 Required to be provided with SBT. PL and COW
5.1.2 Required to be provided with SBT and PL
5.1.3 Required to he provided with SBT
5.1.4 Required to be provided with SBT. CBT or COW
5.1.5 Required to be provided with SBT or CBT

5.1.6 Not required to comply with the requirements of regulation 13

5.2 Segregated ballast tanks (SBT)

5.2.1 The ship is provided with SBT in compliance with regulation 13

5.2.2The ship is provided with SBT which are arranged in protective
locations (PL) in compliance with regulation 13E

5.2.3 SBT are distributed as follows-



5.3 Dedicated clean ballast tanks (CBT)

5.3.1 The ship is provided with CBT in compliance with regulation 13A.
and may operate

. 1 as a product carrier
.2 as a crude oil tanker until 2 October 1985*
2 October 1987*
5.3.2 CBT are distributed as follows-


5.3.3 The ship has been supplied with a valid Dedicated Clean Ballast Tank
Operation Manual, which is dated ...........................................

5.3.4 The ship has common piping and pump arrangements for ballasting
the CBT and handling cargo oil

5.3.5 The ship has separate independent piping and pumping
arrangements for ballasting the CBT

*Delete as appropriate.





5.4 Crude oil washing (COW)-

5.4.1 The ship is equipped with a COW system in compliance with
regulation 13B

5.4.2 The ship is equipped with a COW system in compliance with
regulation 1313 except that the effectiveness of the system has not
been confirmed in accordance with regulation 13(6) and paragraph
4.2.10 of the Revised COW Specifications (resolution A.446(XI))

5.4.3 The ship has been supplied with a valid Crude Oil Washing

Operations and Equipment Manual, which is dated ..........................

5.4.4 The ship is not required to be but is equipped with COW in
compliance with the safety aspects of Revised COW Specifications
(resolution A.446(XI))

5.5 Exemption from regulation 13-

5.5.1 The ship is solely engaged in trade between .......................................
in accordance with regulation 13C and is therefore exempted from
the requirements of regulation 13

5.5.2 The ship is operating with special ballast arrangements in
accordance with regulation 13D and is therefore exempted from the
requirements of regulation 13

5.6 Limitation of size and arrangements of cargo tanks (regulation 24)

5.6.1The ship is required to be constructed according to, and complies
with. the requirements of regulation 24

5.6.2 The ship is required to be constructed according to. and complies
with. the requirements of regulation 24(4) (see regulation 2(2))

5.7 Subdivision and stability (regulation 25)

5.7.1The ship is required to be constructed according to, and complies
with. the requirements of regulation 25

5.7.2 Information and data required under regulation 25(5) in an
approved form have been supplied to the ship

6. RETENTION OF OIL ON BOARD (Regulation 15)
6.1........................Oil discharge
monitoring and control system-
6.1.1 The ship comes under category oil tanker as defined in
resolution A.496(XII)
6.1.2 The system comprises-
. 1 control unit
.2 computing unit
.3 calculating unit
6.1.3 The system is-
. 1 fitted with a starting interlock
.2 fitted with automatic stopping device

6.1.4 The oil content meter is approved under the terms of resolution
A.393(X) suitable for-
. 1 crude oil
.2 black products E]





6.1.5 The ship has been supplied with an operations manual for the oil

discharge monitoring and control system

6.1.6The ship is not required to be fitted with an oil discharge monitoring
and control system, until 2 October 1986 in accordance with

regulation 15(1)

6.2 Slop tanks-

6.2.1 The ship is provided with dedicated slop tank(s) with

the total capacity of ....m which is % of the oil

carrying capacity, in accordance with-

.1 regulation 15(2)(c)

.2 regulation 15(2)(c)(i)

.3 regulation 15(2)(c)(ii)

.4 regulation 15(2)(c)(iii)

6.2.2 Cargo tanks have been designated as slop tanks
6.2.3 The ship is not required to be provided with slop tank arrangements
until 2 October 1986 in accordance with regulation 15(1)
6.3 Oil/water interface detectors-
6.3.1 The ship is provided with oil/water interface detectors approved
under the terms of resolution M EPC.5(XII) I) cl

6.4 Exemptions from regulation 15-
6.4.1 The ship is exempted from the requirements of regulation 15(1). (2)
and (3) in accordance with regulation 15(7)
6.4.2 The ship is exempted from the requirements of regulation 15(1), (2)
and (3) in accordance with regulation 2(2)

7. PUMPING, PIPING AND DISCHARGE ARRANGEMENTS (Regulation 18)

7.1 The overboard discharge outlets for segregated ballast are located-

7.1.1 above the waterline

7.1.2 below the waterline

7.2 The overboard discharge outlets, other than the discharge manifold. for
clean ballast are located*

7.2.1 above the waterline

7.2.2 below the waterline

7.3 The overboard discharge outlets. other than the discharge manifold. for
dirty ballast are located*

7.3.1 above the waterline
7.3.2 below the waterline in conjunction with the part flow arrangements
in compliance with regulation 18(6)(e)
7.3.3 below the waterline

*Only those outlets hich can be monitored are to be indicated.





7.4 Discharge of oil from cargo pumps and oil lines (regulation 18(4) and (5))

7.4.1 Means to drain all cargo pumps and oil lines at the completion of
cargo discharge

. 1 drainings capable of being discharged to a cargo tank or slop tank E]

.2 for discharge ashore a special small diameter line is provided 1:1

8. EQUIVALENT ARRANGEMENTS FOR CHEMICAL TANKERS CARRYING
OIL

8.1 As equivalent arrangements for the carriage of oil by a chemical tanker, the
ship is fitted with the following equipment in lieu of slop tanks (paragraph
6.2 above) and oil/water interface detectors (paragraph 6.3 above)

8.1.1 oily-water separating equipment capable of producing effluent with
..................................3
oil content less than 100 ppm, with the capacity of m
8.1.2 a holding tank with the capacity of m 3

8.1.3 a tank for collecting tank washings which is-

1 a dedicated tank

.2 a cargo tank designated as a collecting tank

8.1.4 a permanently installed transfer pump for overboard discharge of
effluent containing oil through the oily-water separating equipment

8.2 The oily-water separating equipment has been approved under the terms of
resolution A.393(X) and is suitable for the full range of Annex I products

8.3 The ship holds a valid Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk

9. EXEMPTION

9.1 Exemptions have been granted by the Administration from the requirements of
Chapters II and III of Annex I of the Convention in accordance with
regulation 2(4)(a) on those items listed under paragraph(s)
................................................

..of this Record.

10. EQUIVALENTS (Regulation 3)

10.1 Equivalents have been approved by the Administration for certain
requirements of Annex I on those items listed under paragraph(s)
..........................................

..of this Record.

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at ....................Official

(Place of issue of the Record) Stamp

..19 ...............................................................

(Signature of duly authorized officer

issuing the Record)





SUR
(SHIP OTHER THAN OIL TANKER)

APPENDIX II

In duplicate

INTERNATIONAL OIL POLLUTION
PREVENTION
CERTIFICATE AND SUPPLEMENT

Issued under the provisions of the

INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION
FROM SHIPS, 1973 AS MODIFIED BY THE PROTOCOL OF 1978
RELATING THERETO UNDER THE AUTHORITY OF THE
GOVERNMENT
.oF HONG KONG




Type of ship-----

Ship, other than an oil tanker, or a ship with cargo tanks coming under
regulation 2(2) of Annex I of the Convention.

THIS IS TO CERTIFY

1.That the ship has been surveyed in accordance with regulation 4 of Annex I
of the Convention; and

2. That the survey shows that the structure, equipment. systems, fittings.
arrangement and material of the ship and the condition thereof are in all
respects satisfactory and that the ship complies with the applicable
requirements of Annex I of the Convention.

This Certificate is valid until
..subject to surveys in
accordance with regulation 4 of Annex I of the Convention.

Issued at ..............Official
........................Stamp

(Place of issue of certificate)

....................19.. *******---

(Signature of duly authorized official

issuing the Certificate)





ENDORSEMENT FOR ANNUAL AND INTERMEDIATE
SURVEYS

THIS IS TO CERTIFY that at a survey required by regulation 4 of Annex I of the
Convention the ship was found to comply with the relevant provisions of the
Convention

Annual survey- Signed
(Signature of duly authorized official
conducting the survey)
Official Place
Stamp
Date

Annual Intermediate* survey- Signed ................................

(Signature of duly authorized official

conducting the survey)
Official Place
Stamp
Date

Annual* Intermediate* survey- Signed ..................................................................

(Signature of duly authorized offical
conducting the survey)

Official Place
Stamp

Date .............................
Annual survey- Signed
(Signature of duly authorized oflicial
conducting the survey)
Official Place
Stamp
Date

Annual survey- Signed
(Signature of duly authorized official
conducting the survey)
Official Place
Stamp
Date

.Delete as appropriate.





THE GOVERNMENT
OF
HONG KONG

SUPPLEMENT TO THE INTERNATIONAL OIL POLLUTION
PREVENTION CERTIFICATE
(IOPP CERTIFICATE)

RECORD OF CONSTRUCTION AND EQUIPMENT FOR SHIPS OTHER
THAN OIL TANKERS

in respect of the provisions of Annex I of the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred
to as' the Convention').

Votes

1.This Record shall be permanently attached to the IOPP Certificate The IOPP Certificate shall
be available on board the ship at all times.

2.Entries in boxes shall be made by inserting either (Y) for the answers yes -applicable- or (N) for
the answers ---no-and ---notapplicable- as appropriate.

3. Regulations mentioned in this Record refer to regulations of Annex 1 of the Convention and
resolutions refer to those adopted by the International Maritime Organization.

1 . PARTICULARS OF SHIP

1.1 Name of ship
.................................................................................................
.....

1.2 Official number
...................................................................

1.3 Port of registry
................................................................................................
...
1.4 Gross tonnage
................................................................................................
....

1.5 Date of build-

1.5.1 Date of building contract
...............................................................

1.5.2 Date on which keel was laid or ship was at a similar stage of

construction
....................................................................................
........

1.5.3 Date of delivery
.......................................................................................

1.6 Major conversion (if applicable)-

1.6.1 Date of conversion contract
...............................................................
1.6.2 Date on which conversion was commenced .......................................
1.6.3 Date of completion of conversion
......................................................

1.7 Status of ship-


1.7.1 New ship in accordance with regulation 1(6)
1.7.2 Existing ship in accordance with regulation 1(7)
1.7.3 The ship has been accepted by the Administration as aii -existing
ship' under regulation 1(7) due to unforeseen delay in delivery





2. EQUIPMENT FOR THE CONTROL OF OIL DISCHARGE FROM
MACHINERY SPACE BILGES AND OIL FUEL TANKS (Regulations 10 and 16)

2.1 Carriage of ballast water in oil fuel tanks-
2.1.1 The ship may under normal conditions carry ballast water in oil fuel
tanks
2.1.2 The ship does not under normal conditions carry ballast water in oil
fuel tanks
2.2 Type of separating/ filtering equipment fitted-
2.2.1 Equipment capable of producing effluent with oil content less than
100 ppm
2.2.2 Equipment capable of producing effluent with oil content not
exceeding 15 ppm
2.3 Type of control system-

2.3.1 Discharge monitoring and control system (regulation 16(5))-

.1 with automatic stopping device
.2 with manual stopping device
2.3.2 15 ppm alarm (regulation 16(7))
2.3.3 Automatic stopping device for discharges in special areas (regula-
tion 10(3)(b)(vi))
2.3.4 Oil content meter (resolution A.444(Xl))-
. 1 with recording device
.2 without recording device
2.4 Approval standards-
2.4.1 The separating/ filtering equipment-
1 has been approved in accordance with resolution A.393(X)
.2 has been approved in accordance with resolution A.233(V11)
.3 has been approved in accordance with national standards not
based upon resolution A.393(X) or A.233(VII)
.4 has not been approved
2.4.2 The process unit has been approved in accordance with resolu-
tion A.444(Xl)
2.4.3 The oil content meter has been approved in accordance with resolu-
tion A.393(X)

2.5 Maximum throughput of the system is m 3 /h

2.6 Application

2.6.1 The ship is not required to be fitted with the above equipment until
2 October 1986 in accordance with regulation 16(4)

3. TANKS FOR OIL RESIDUES (SLUDGE) (Regulation 17)

3.1 The ship is provided with oil residue (sludge) tanks with the total capacity

of ................................m 3

3.2 Means for the disposal of oil residue in addition to the provision of sludge

tanks
..........................................................................................
....................

....................................





4. STANDARD DISCHARGE CONNECTION (Regulation 19)

4.1The ship is provided with a pipeline for the discharge of residues from
machinery bilges to reception facilities, fitted with a standard discharge
connection in accordance with regulation 19

5. EXEMPTION

5.1 Exemptions have been granted by the Administration from the requirements
of Chapter II of Annex I of the Convention in accordance with regulation
2(4)(a) on those items listed under paragraph(s)
............................................................

..of this Record.

6. EQUIVALENTS (Regulation 3)

6.1Equivalents have been approved by the Administration for certain
requirements of Annex I on those items listed under paragraph(s)
..........................................

..of this Record.

THIS IS TO CERTIFY that this Record is correct in all respects.

Issued at ....................Official

Stamp

(Place of issue of the Record)

.. 19
............................................................

(Signature of duly authorized
officer issuing the Record)

SUR
(OIL TANKER)

APPENDIX III

In duplicate

HONG KONG OIL POLLUTION PREVENTION
CERTIFICATE AND SUPPLEMENT

Issued under the provisions of the Merchant Shipping
(Prevention of Oil Pollution) Regulations 1984





Type of ship

*Oil tanker

*Ship other than an oil tanker with cargo tanks coming under regulation 2(4) of the
MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS 1984

THIS IS TO CERTIFY

1.That the ship has been surveyed in accordance with regulation 4 of the MERCHANT
SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS 1984; and

2.That the survey shows that the structure, equipment, systems, fittings, arrangement and
material of the ship and the condition thereof are in all respects satisfactory and that the
ship complies with the applicable requirements of the MERCHANT SHIPPING
(PREVENTION OF OIL POLLUTION) REGULATIONS 1984.

This Certificate is valid until ..

Issued at.........................................................................

(Place of issue of certificate)

..19



(Signature of duly authorized official
issuing the Certificate)

.Delete as appropriate.

THE GOVERNMENT
OF
HONG KONG

SUPPLEMENT TO THE HONG KONG OIL POLLUTION
PREVENTION CERTIFICATE
(HKOPP CERTIFICATE)

RECORD OF CONSTRUCTION AND EQUIPMENT FOR OIL TANKERS

in respect of the provisions of the MERCHANT SHIPPING (PREVENTION OF OIL
POLLUTION) REGULATIONS.

Notes

1.This Record shall be permanently attached to the HKOPP Certificate. The HKOPP
Certificate shall be available on board the ship at all times.

2.Entries in boxes shall be made by inserting either (Y) for the answers 'yes' and -
applicable' or (N) for the answers 'no' and ---notapplicable' as appropriate.

3. Regulations mentioned in this Record refer to Regulations of the MERCHANT
SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS.

4.Resolutions mentioned in this Record refer to those adopted by the International Maritime
Organization.