Hong Kong Marine Department2020 Safety Seminar

We are One in Promoting Excellence in Marine Services

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Introduction

Name

Title

SY CHAN

GM/SSB

Eric LEE

SS/SQA

Nelson HO

SS/CSS

Derek MAK

DRH(L)2

Ferry XIANG

RH(SH)

Philip HO

RH(SG)

Contact Details

2852 4407

sychan@mardep.

gov.hk

2852 4503

wclee@mardep.

gov.hk

2852 4510

ncwho@mardep.

gov.hk

44-20-3862-9225

derek_mak@hketolondo

n.gov.hk

(8621) 6351 2233

Ext. 181

dxiang@sheto.gov.hk

65-6330-9339

philip_ho@hketosin.

gov.hk

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What’s On Today

1. Performance Review2. Detention Case Studies3. Recent Administrative Policies4. Update on Latest Development

• Electronic Certificate• MARPOL• Ballast water Management System (BWMS)• Crew Change• AMSA Crew Change Policy

5. Q&A Session

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1. Performance Review

PSC TMoUHK Registered Ships

Detention Rate

0.70% 1.85%No. of Detentions

22 15No. of Inspections

3141 812

2019 2020 (1st half)

Detention by MOUs

2019 2020 (1st half)

Tokyo 22 14Paris 11 1Indian Ocean 4 0USCG 3 1Vina del Mar 3 0Black Sea 1 5Riyadh 1 0Total 45 21

Australia

12 10

Detainable Deficiencies

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Detainable Deficiencies

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Detention by MOUs

Australia

12 10

2019 2020 (1st half)

Tokyo 22 14Paris 11 1Indian Ocean 4 0USCG 3 1Vina del Mar 3 0Black Sea 1 5Riyadh 1 0Total 45 21

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Preparation! Preparation!

Preparation!

Pre-Arrival Checklisthttps://www.mardep.gov.hk/en/pub_services/pdf/let200727a.pdf

FSQC Audit (Pre-Arrival)

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2. Detention Case Studies

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Case 1Maintenance

Type of ship General cargo Ship

Ship age 12 years

PSCI Zhangjiagang

Detainable deficiencies 2

Period of detention 8 Days

Extended inspection Yes

Impurities in the hydraulic oil piping lines-> reversing solenoid valves getting stuck-> steering gear failure-> collision

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Preventive Action?

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Lesson Learnt

Clean oil filter and change hydraulic oil regularly Improve maintenance and checking of mechanical

equipment Improve crew’s understanding of ISM system Improve training drill on actions during emergency

situations

More info Shanghai MSA and Yangtze River area 100% Detailed insp to M/E,SG failure 100% detention Investigation and Grounds for detention ISM-3.3 Shore-based Support ISM-7 Key Operations ISM-8 Emergency Preparedness ISM-10 Maintenance System

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Case 2MLC

Type of ship Bulk CarrierShip age 9 yearsPSCI Antwerpen, BelgiumDetainable deficiencies 12 items - 3 are MLCPeriod of detention 8 DaysExtended inspection Yes

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Inspection findings

Area DetailsMLC Reg 2.5 No repatriation plan

2 crew > 15 months2 crew > 12 months4 crew > 11 months

MLC Reg 3.1 Poor Hygienic condition of Galley/ handling roomMLC Reg 3.1 Tap water is dirty in crew cabins / drinking fountain;

Water leakage in laundry room; etc

Convention Reference

Regulation 2.5 –Repatriation

2. …ships that fly its flag …to ensure that seafarers are duly repatriated …

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Convention Reference

Regulation 3.1 – Accommodation and recreational facilities

Purpose: To ensure that seafarershave decent accommodation andrecreational facilities on board

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From the Company

Crew relief plan serious suspended time by time (COVID 19)

Crew working attitude seriously affected by overlong service time

Communication gap between office and ship (homesick), not at the same page

ITF Issues

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Preventive Action?

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Lesson Learnt

PSC are stepping up in their action to allow crew berepatriated on humanity ground.

Owners should understand the sacrifice that the seafarershave been given to sustain the ship operation

Genuinely arrangement should be carried out by theowners to repatriate crew whenever the SEA is due

If really not possible due to COVID-19, a repatriation planmust be drawn up and obtain MarDep MMO approval.

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Case 3MLC

Type of ship Bulk CarrierShip age 1 yearPSCI Newcastle, AustraliaDetainable deficiencies 1Period of detention 1 dayExtended inspection Yes

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Inspection findings

Area Details

MLC Reg 2.2 7 crew member are having double SEAs.Crew were not paid in according to theoriginal SEA. Newly signed SEA foundon board has significantly reducedwages.

MLC Reg 2.5 No repatriation plan for crewcontinuously worked for 13 months.

MLC Reg 2.7 Minimum manning levels are notreached due to 11 crew disembarkation

MLC Reg 3.2 Insufficient food onboard

Convention Reference

Regulation 2.2 – Wages

Purpose: To ensure that seafarers are paid for their services

1. All seafarers shall be paid for their work regularly and in full in accordance with their SEA.

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Convention Reference

Regulation 2.5 –Repatriation

2. …ships that fly its flag …to ensure that seafarers are duly repatriated …

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Convention Reference

Regulation 2.7 – Manning levels

Purpose: To ensure …sufficient personnel for thesafe, efficient and secureoperation of the ship

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Convention Reference

Regulation 3.2 – Food and catering

Purpose: To ensure that seafarershave access to good quality foodand drinking water provided underregulated hygienic conditions

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QUESTION

Why is the MLC 2006 also sometimescalled the “Seafarers’ Bill of Rights”?

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Basic Aims to ensure comprehensive worldwide

protection of the rights of seafarers (theConvention is sometimes called theseafarers’ Bill of Rights); and

to establish a level playing field for countriesand shipowners committed to providingdecent working and living conditions forseafarers, protecting them from unfaircompetition on the part of substandardships.

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Preventive Action?

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Lesson Learnt

Ensure no double SEA – vigilant on SRPS practices Only use certified SRPS Establish internal mechanism to monitor payments are

actually made to the crew

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Case 4MLC

Type of ship Bulk CarrierShip age 1 yearPSCI Brisbane, QLD, AustraliaDetainable deficiencies 1Period of detention 1Extended inspection Yes

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Inspection findings

Area Details

MLC Reg 2.2 Repeated instances of non-payment ofcrew wages at monthly interval.

PSC Consequences

AMSA Detention.Ban for calling Australia port for 18months.Whole fleet will be closely monitored byAMSA whenever appear in Australiaports.

Convention Reference

Regulation 2.2 – Wages

Purpose: To ensure that seafarers are paid for their services

1. All seafarers shall be paid for their work regularly and in full in accordance with their SEA.

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MLC/T2/R2.2

Title 2. Conditions of employment Regulation 2.2 – WagesPurpose: to ensure that …are paid for… R2.2.1. All seafarers shall be paid for their

work regularly and in full in accordancewith their employment agreements.

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CAP 478 AF – s 55 “The employer of a seafarer working on

board a ship must pay, in accordance with the employment agreement entered into with the seafarer, the wages and any additional payments due to the seafarer—

(a) in full; and (b) at regular intervals not exceeding 1

month. ”

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Section 58 of Cap.478AF“(1) The employer of a seafarer who contravenes section 55 commits an offence and is liable on conviction to a fineat level 6* and to imprisonment for 2 years.”

(level 6* means a maximum fine of HK$100,000as of Jan 2019)

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Employer Refers

OwnerMaster (the rep of the Owner)Manager (ISM, MLC)Crewing Agency (SRPS)

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Shipowner – CAP 478AFshipowner (船東)— (a) the person identified as the shipowner of the

ship on the certificate or report; or (b)in relation to any other Hong Kong ship— (i) means the person registered as the owner of

the ship under Cap.415; or (ii) means a person who has assumed responsibility

for the operation of the ship…, on assuming the responsibility, …ML Convention; (ISM Manager)

SEA vs CBA Crew Agreement and Standard Clauses Hong Kong Merchant Shipping (Seafarers) Ordinance, Cap 478 S.80 The basic terms and conditions for the provision of crew agreement were

enacted in the document of Standard Clauses For a Hong Kong RegisteredShip which could be issued or made a reference for employer.

HKMD position of CBA CBA is not under statutory requirement under the law of Hong Kong. There is also no compulsory instruction for signing the CBA as agreement

between the company and seafarer It is the shipping company or employer's decision whether to sign the CBA

with the union or not in view of the smooth operation of ships in variousports.

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SEA vs CBA Crew Agreement and Standard Clauses

Cap 478 S.80 Standard Clauses

HKMD position of CBAnot by lawnot compulsory(for good sake of ship smooth operation)

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Standard Clauses

Conditions listed in the employment agreements

HKSR provides for all HK ships on registry with the first Official Log Book

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Preventive Action?

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Lessons Learnt

Owner to decide on CBA Payment as per SEA, no discount, no delay Transparent wage payment, direct flow to

Seafarer Mechanism to monitor the payment of wagesContingency plan (Owner finance problem?)Owner/ manning agent(SRPS)/ Agent’s Agent,

monthly statement/bank slipsMaster verification o/b with crew

Lessons Learnt

ITF Matters ITF not Authority, but complaint to PSC Food Matters Do place order to replenish your stock at a

port, offer some business to the ship chandler.

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Bribery Case

In a recent AMSA PSC inspection, aship master (HK Flag) offeredinducement to the PSCO for notissuing any deficiencies.

AMSA placed alert to the shippingcompany and may take legal actionif bribery happens again.

MD is also deeply concerned andinitiated investigation on board andwith the company.

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3. Recent Administrative Policies

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3. Recent Administrative Policies

3.1 New FSQC Arrangement

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3.1 New FSQC Arrangement

HKMSIN No.7/2020

Effect Date : 9 March 2020

About : New PRQC Arrangement New FSQC Arrangement

Details please refer to: https://www.mardep.gov.hk/en/msnote/pdf/msin2007.pdf

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Quality Assurance System

PRQC – Pre-RegistrationFSQC – HK Registered Ships (Revamped)

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PRQC Assessment

PRQC Assessment and Change of Flag (CoF) survey are conductedbefore registration

PRQC Assessment and CoF survey are similar, under the followingconditions: (i) Same Class for both PRQC Assessment and CoF survey; (ii) The time between both surveys is < 3 months.

The survey report of the CoF survey can adopt that of the PRQCAssessment

The owner shall authorize* RO to release survey records to HKMD*The authorization shall be submitted together with the registrationapplication form

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Timeline of PRQC System

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If You Want Different Results, You Have to Try Different Approaches

- Previously - FSQC Inspection

- New approach - FSQC Audit

- Instead of finding deficiencies on board, focus on identifying the problems why deficiencies are repeating in certain ships and companies and work with the companies to improve their maintenance system.

- Desired outcome – a self correcting system in place and prevent recurrence of deficiencies

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Evolvement of HKRC FSQC

Key Success Factors:1. Transform FSQC inspection into an audit system

Reduce man-day required from 3 to 1 With same manpower, coverage on number of ships will be increased

2. Improve feedback to ROs and ship owners / managers Closer collaboration between ROs and owners / managers to improve the HK registered fleet quality

3. With RDs set up in Singapore and Shanghai which are strategically located in major shipping routes

The efficiency of audits carried out locally will further enhance the FSQC coverage and lower the average audit cost.

Two types of FSQC Audit

FSQC Audit arisen from

Selection by quality indicators

After PSC detention

Complaints

FSQC Audit - Pre-arrival

Checklist – e.g. AMSA PSC

Most common PSC detainable and non-detainable deficiencies

CIC (Concentrated Inspection Campaign) (9.1-11.30)

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Process Map of FSQC System

General Inspection

Objectives

No major deficiencies missed out

General condition and test/drill

Crew competence assessment

Recurred PSC deficiencies – the present situation

MLC items spot check

Photographs taken

Maintenance System

What’s the root problem on board that deficiencies are kept recurring?

Management Commitment

Resource

Human – training , competence, attitude, culture

Support – financial, procurement, planning

Method and System

IACS Rec 74 Guidance to Maintenance in Accordance with the Requirements of the ISM Code

Corrective Action Process

Handling Substandard Ship

Substandard ship – Serious deficiencies / many deficiencies

Serious deficiencies found shall be repaired before leaving port, under the supervision of RO.

Deficiencies may be cleared by MD or RO, at the sole discretion of MD.

MD might require an Extended Inspection to be carried out by RO on a substandard ship.

Follow up actions with the Owner is explained on the next page.

Follow-up Action by MD

Working with the Owners / Ship Management Company

With objective evidences and photographs taken on board, we will influence / request owners / ship managers to

Go through the Corrective Action Process Improve / establish a maintenance system Monitor the implementation Failing above, DOC/SMC may be affected Worse case the registration may be affected

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Regions preferred for FSQC Audit

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3. Recent Administrative Policies

3.2 Remote Audit under COVID-19

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3.2 Remote Audit under COVID-19

Special Arrangements by the Hong Kong Marine Department under COVID-19 Pandemic Situation

Guidelines to address some of the concerns caused by Covid-19 pandemic

Last Update to MD website: 31 July 2020

Details please refer to: https://www.mardep.gov.hk/en/news/COVID19.html

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MD Web Page

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MD Web Page

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MD Web Page

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MD’s general policy on remote audit:

Audit Nature / XDoC annual audit (by RO) * DoC initial / renewal audit (by RO) XShipboard SMC / ISPS / MLC Audit XCompany shipboard internal audit*(prior approval by MD is required)

*

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Remote DoC Annual Audit by RO:

How to apply for approval: MD auditor(s) to participate All documents should be electronically available to present

and share Reliable conferencing tools including audio, video, data

sharing functions Documents, Past Records, Audit Plan.

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Remote shipboard internal audit :

When to apply an approved remote audit could then be conducted in lieu

of physical audit during the extension period (beyond 12 months)

How to apply develop a detailed remote shipboard internal audit

proposal including the scopes, methodology, procedures, focus areas, checklist, report, etc for the audit.

reviewed and accepted by respective RO submit the reviewed proposal to ISM section by email only one time approval for whole HK fleet with same

management system and same RO

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3. Recent Administrative Policies

3.3 Cert extension beyond statutory maximum under COVID-19

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3.3 Cert extension beyond statutory maximum under COVID-19

Special Arrangement under COVID-19 Pandemic Procedures for Extending Statutory Certificate beyond three (3) months

Letter issued to Company on : 30 June 2020

About : Adopted IMO Circular Letter No. 4204/Add.19/Rev.2

(issue date:22 July 2020)• 6-step decision-making approach• Evidence-based assessment

Provided Instruction to ROs

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What should the manager do now?

Start devoting your best effort to arrange for the overdue statutory surveys now, and consult your respective RO in collecting necessary proofs and evidences for possible application of further extension of statutory certificate(s) when it is required.

(e.g. correspondence, port notice, docking confirmation)(e.g. occasional/remote survey, underwater examination, PSC record, ISM Performance, attestation from master/chief engineer, operation and test of essential equipment)

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3. Recent Administrative Policies

3.4 SSAS testing / false alert

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3.4 SSAS testing / false alert

Ship Operators Security and Quality Advisory No. 59 Ship Security Alert System (SSAS)

Effect Date : 30 June 2020

About : False SSAS Alert Authorization of deputy CSO Testing procedures of SSAS

Details please refer to: https://www.mardep.gov.hk/en/pub_services/pdf/sqa_59.pdf

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From January 2020 to April 2020.

41 “false security alert” from HK flag ships received.

Reminder and Recommendations: To strictly follow Ship Security Plan (SSP) when

testing and activating SSAS. To issue standing instruction or reminder to shore-

based service company engaging in onboard SSAS installations, repairs

To ascertain a quick response from your company in critical (authorize deputy CSO if needed)

SSAS false alert

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From January 2020 to April 2020.

994 SSAS test alerts received, among which 329 (33%) were found “without prior notification” to HKMD

Reminder and Recommendations: As per the IMO MSC Circular-1155, all companies

must ensure to notify the flag State well ahead of the test so that it should not be misunderstood as a real emergency

The SSAS testing guidelines is available on MD Marsec website: https://marsec.mardep.gov.hk/en/ssa_system.html

Testing of SSAS

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3. Recent Administrative Policies

3.5 MLC circular letter

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Responsibility of Shipowners and Ship Managers over Seafarer Wages

Issue Date : 25 September 2019About: HK Ship detained in Aus port for non-payment of

crew wages Ban for calling Aus ports for 18 months (even the

manning agent took immediate action to pay the crew)

Australia has been advocating its zero-tolerance approach towards crew payment related violations

Details please refer to: https://www.mardep.gov.hk/en/pub_services/pdf/mlc190925.pdf

3.5 MLC circular letter

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Reminder and Recommendations:

Shipowners should protect their crew and families by establishing a mechanism to ensure salary payment have actually paid to the seafarers according to the SEA by the Appointed Agent / SRPS as required by the regulations

to remind all crew onboard to relay any double contract issues to the company or directly to our Mercantile Marine Office(MMO) (Tel: (852) 2852 3063 / 3061 Fax: (852) 2545 4669 E-mail: mmo_mdd@mardep.gov.hk)

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4. Update on Latest Development

4.1 E-Cert

Currently, there is no Electronic Certificate inthe IMO Conventions

IMO has Guidelines for the use of ElectronicCertificates FAL.5/Cir.39/Rev.2

For the convenience, MD is studying thefeasibility to use E-Cert

It would involve amendment of at least 5Ordinances and all it’s Sub-ordinances

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4.1 E-Cert

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4. Update on Latest Development

4.2. MARPOL

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EU MRV/IMO DCS Milestones

Fuel Oil Consumption Data

30 June 2020 was the final date for submittingfuel oil consumption data to IMO

On 30 June, fuel oil consumption data for 2,457Hong Kong ships (worldwide total around 26,500applicable ships) have been submitted.

Summary report on the data to be submitted tothe postponed MEPC 75.

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Summary of Alternative Compliance Method reported to IMO

Notifications received from EGCS

LNG and fuel oil mixture

Sulphur emissions averaging scheme

Fuel blending Biofuel

Marshall Islands 480

Liberia 335

Panama 323 2

Hong Kong, China 168

Malta 164 2 5

Singapore 140

All others 749 17 4 7 1

Total 2,359 21 9 7 1

Electronic Record Books under MARPOL

Approved Electronic Record Books can be usedto replace the following record books/recordunder MARPOL

It will be effective from 1 October 2020

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Electronic Record Book underMARPOL included

Annex I – Oil Record Book Annex II – Cargo Record Book Annex V – Garbage Record Book Annex VI – Ozone-depleting substances

record book, recording of tier and on/off status of marine diesel engine, record of fuel oil changeover and record book of engine parameters.

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MARPOL Annex VI future amendment

Amendments to the MARPOL Annex VI to be adopted in the postponed MEPC 75 includes Procedures for sampling and verification of

the sulphur content of fuel oil Energy Efficiency Design Index (EEDI)

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4. Update on Latest Development

4.3. Ballast Water Management System (BWMS)

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BWM Convention

It has been extended to Hong Kong on 13 August 2020

Hong Kong ship of 400 gross tonnage or above that is engaged in international voyage must have on board a valid International Ballast Water Management (IBWM) Certificate

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BWM Convention recent amendment

Amendment in D-3 by MEPC.296(72) entered into force on 13 October 2019 to require:Ballast water management systems used to comply with this Convention shall be approved by the Administration as follows:1. ballast water management systems installed on or after

28 October 2020 shall be approved in accordance with the BWMS Code, as may be amended; and

2. ballast water management systems installed before 28 October 2020 shall be approved taking into account the guidelines developed by the Organization or the BWMS Code, as may be amended.

BWM Convention future amendments

Commissioning test to demonstrate the BWM System is working properly to be added in the initial and additional survey

Amendment to be adopted in the postponed MEPC 75

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4. Update on Latest Development

4.4. Crew Change

Crew Change - HK figures

8 June 20201, First Announced Crew Change Policy

28 June 20202, Relaxed to Passenger Ships

29 July 20203, Limited to Goods vessels with cargo operations only

Latest update can be found under Port Operation Procedures in MD’s webpage https://www.mardep.gov.hk/en/pub_services/ocean/ocean.html.

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Quarantine Arrangement in Hong Kong

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Quarantine Arrangement in Hong Kong

With following conditions:

1. Outgoing crew to stay onboard and travel directly to theairport

2. Incoming crew to only arrive when their vessels areberthed and get onboard immediately. If they have towait to board, the shipping companies/agents shouldarrange accommodation for self-isolation

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Quarantine Arrangement in Hong Kong

Conditions for Crew members arriving Hong Kong at theHong Kong International Airport :

1, Test report - Negative result for SARS-CoV-2nucleic acid test (at ISO 15189-accredited or localgov. recognized lab) within 48 hours prior to hisdeparture.&2, Shipping Company/Agent to provide GuaranteeLetter to declare (1) above.

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4. Update on Latest Development

4.5. AMSA Crew Change Policy

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Maximum Period of Service

Scenarios Action< 11 months No Action11 - 13 months

Seafarer’s repatriation plan is required(approved by Flag Administration)before serving > 14 months continuously

> 13 months Vessel prohibited from departing portuntil the seafarer’s repatriation plan isprovidedbefore serving > 14 months continuously

If the Seafarer has a valid SEA, and has served for the specified period continuously,

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Maximum Period of Service

Scenarios ActionNO valid SEA Seafarer’s repatriation plan is required

BUT Vessel is prohibited to depart IF theminimum safe manning requirements isnot met due to crew disembarkation

has served >14 monthscontinuously

NO extensions of service

If the Seafarer has the following conditions,

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5. Q&A Session

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Thank You for Your Participation

End