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The ISPS Code and Cap. 582

The 911 incident in the United States greatly increased awareness concerning ship and port security. In response, the IMO developed measures relating to the security of ships and port facilities. Its efforts culminated in the implementation of the International Ship and Port Facility Security (ISPS) Code under the International Convention for the Safety of Life at Sea in 2004. The ISPS code requires that contracting governments, local administrations and the shipping and port industries co-operate in detecting security threats and taking preventive measures against security incidents.

The ISPS Code was adopted by Hong Kong on 1 July 2004. The Director of Marine was appointed the Designated Authority for the implementation of the Code. Matters covered by the Merchant Shipping (Security of Ships and Port Facilities) Ordinance (Cap. 582), the legislation enacted in this connection, include:

• Designation of designated port facility (Section 7)
• Recognition of security organizations (Section 8)
• Inspections and control of ships (Section 10)
• Inspections of designated port facility (Section 11)

Port security: designated port facilities

Before the implementation of the ISPS Code, there was no unified security standard for the various port facilities handling international business. With the ISPS Code in place, security measures and standards have to comply with the Code in matters of facilities, policies, manpower and training. There are 33 designated port facilities in Hong Kong. They include container terminals, oil terminals, river trade terminals, cross-boundary ferry terminals, passenger terminals, shipyards, and power station jetties. A Port Facility Security Plan (PFSP) has to be prepared for each designated port facility based on its security assessment. The Designated Authority is responsible for examining the security assessments and PFSPs, issuing the Statement of Compliance and annual audits, and renewing certificates. In compliance with the ISPS Code, all designated port facilities are required to have security exercises and drills carried out regularly.

Under the ISPS Code, there are three levels of security alert for the port and visiting ships. While a ship is on its way to the next port, a Declaration of Security has to be obtained from its previous port of call in order to show its security level. Such information exchange ensures international port safety.

Ship security

Under Cap. 582, the maritime security requirements are applicable to both Hong Kong and non-Hong Kong ships, provided that the non-Hong Kong ships are intending to enter Hong Kong. A shipping company has to designate for each of its vessels a ship security officer and a company security officer. The ship needs an approved Ship Security Plan and a valid International Ship Security Certificate. These security items will be monitored by the flag administration through the Recognised Security Organization and Port State Control inspections.

Ship security: the problem of piracy

Since 2009, convoy services have been provided by the navies of China and other countries to Hong Kong ships in response to the problem of Somalia pirates that emerged in 2008. Convoys usually travel at around 10 to 12 knots. The Chinese Navy mainly offers convoy protection to higher risk ships, i.e. ships that are vulnerable to pirate attack, travel at a lower speed and/or have low freeboard. The scheme has worked well. An improvement was introduced in 2011, when the pirates extended their scope of activity from the Gulf of Aden to the outer Indian Ocean. Since then, armed security consultants are permitted to be stationed on ships, as long as they are signed on as supernumeraries and are provided with sufficient life-saving appliances and accommodation^[8]. Thanks to these protective arrangements, Hong Kong ships can now travel more safely in international waters.

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