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Author: Kelvin Tang, Antonio Da Roza

Date: 11/8/10


Marine fuel

Under both the Air Pollution Control Ordinance and the Merchant Shipping (Safety) Ordinance, the Secretary for Environment and Secretary for Transport respectively have the power to make regulations for marine fuel content – no regulations appear to have been made, however. (1)


Instead, certificates are issued under the Merchant Shipping (Prevention and Control of Pollution) Ordinance to local and non-local ships limiting sulphur oxide, nitrogen oxide emissions, ozone depleting substances, and caps the sulphur content of fuel oil at 4.5% m/m in accordance with the International Convention for the Prevention of Pollution from ships. (1)


Marine emissions

Under the Shipping and Port Control Ordinance and the Merchant Shipping (Local Vessels) Ordinance, vessels in Hong Kong waters and local vessels respectively may not emit smoke in such quantity as to be a nuisance. (1)


Local vessels may be seized and removed from Hong Kong waters if they pose a hazard to the environment under the Merchant Shipping (Local Vessels) Ordinance, but ‘environmental hazard’ is not defined. (1)


Ferry emissions are not regulated by the EPD, and rules in shipping law are instead enforced by the Marine Department. Under the law, from 2002 – 2004, 51 complaints have been received, 18 warnings issued and only one resulted in prosecution. (2)


Connection with the Air Quality Objectives

Marine emission control is unconnected with the Air Quality Objectives. (3)


Government Authority Power Ordinance/Regulation Connection to AQOs
Secretary for Environment Makes rules on fuel content Air Pollution Control Ordinance No, "for the purposes of the Ordinance" instead
Secretary for Transport and Housing Makes rules on fuel content Merchant Shipping (Safety) Ordinance No
Director of Marine Issues Hong Kong Air Pollution Prevention Certificates Merchant Shipping (Prevention of Air Pollution) Regulations No
Director of Marine Issues International Air Pollution Prevention Certificates Merchant Shipping (Prevention of Air Pollution) Regulations No
Marine Department and/or Police Stop the crime of emitting smoke nuisance by vessels in Hong Kong waters Shipping and Port Control Ordinance No
Marine Department and/or Police Stop the crime of emitting smoke nuisance by local vessels Merchant Shipping (Local Vessels) Ordinance No

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