Page:Air Pollution Control (Fuel for Vessels) Regulation (Cap. 311AB).pdf/8

Air Pollution Control (Fuel for Vessels) Regulation Part 2—Division 2 Section 7 :(b) that the person—
 * (i) exercised all due diligence, from the beginning of the vessel’s voyage to Hong Kong until the material time, to obtain low sulphur marine fuel for operating the vessel’s specified machinery in the waters of Hong Kong; but
 * (ii) failed to obtain the fuel; or
 * (c) that the vessel was in an emergency situation that did not permit it to comply with section 5(1) at the material time.

(2) In this section—

material time (違例時間) means the time when section 5(1) is contravened. Division 2—Exemption 7. Exemption from section 5(1)

(1) The Authority may—
 * (a) if satisfied that a vessel uses technology that can reduce the emission of sulphur dioxide when the vessel is in the waters of Hong Kong at least as effectively as the use of low sulphur marine fuel at that time, exempt the vessel from section 5(1) or renew an exemption granted for the vessel; or
 * (b) if satisfied that compliance with section 5(1) will pose a risk to the safety of a vessel, exempt the vessel from that section.

(2) An exemption may be subject to any conditions the Authority considers appropriate to impose at any time.