| (Cap 369 section 123(3))* [12 November 1965] (G.N.A. 14 of 1961) ___________________________________________________________________ Note: * These regulations were made under the repealed section 38 of the Merchant Shipping Ordinance (Cap 281, 1974 R. Ed.). See section 119(1) of the Merchant Shipping Ordinance (Cap 281) and section 123(3) of the Merchant Shipping (Safety) Ordinance (Cap 369). Cap 369D reg 1 Citation These regulations may be cited as the Merchant Shipping (Life Saving Appliances) Regulations. Cap 369D reg 2 Interpretation, application and construction (1) For the purposes of these regulations, unless the context otherwise requires- "approved" (认可) in relation to life saving appliances of any kind referred to in these regulations means approved by the Director; "pilgrim trade" (朝圣旅程) means the conveyance to or from any port in the Red Sea of Mohammedan pilgrims going to or returning from the Hedjaz; "River Trade Limits" (内河航限) means- (a) the waters in the vicinity of the Colony within the following boundaries- (i) to the East, meridian 114°30' East; (ii) to the South, parallel 22°9' North; (iii) to the West, meridian 113°31' East; and(b) all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by water from the area defined in paragraph (a);"Rules" (《规则》) means the Merchant Shipping (Life Saving Appliances) Rules 1958 (S.I. 602/58 U.K.) made by the Minister of Transport and Civil Aviation, in the United Kingdom, in exercise of powers conferred by section 427 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.)+, as substituted by section 2 of the Merchant Shipping (Safety Convention) Act 1949 (1949 c. 43 U.K.), and all other powers enabling him in that behalf, and any such rules amending the same; "Simla Rule ship" (西姆拉规则船舶) means a passenger steamer which is engaged or about to be engaged on any international voyage involving the carriage at any one time of more than fifty unberthed passengers- (a) in the pilgrim trade to or from any country which for the time being accedes to the Simla Rules 1931, made pursuant to the provisions of the International Convention for the Safety of Life at Sea, 1929, from or to any port in the Red Sea; or (b) in any trade other than the pilgrim trade, to or from any such country,provided that the keel of such ship was laid after the 1 January, 1933, or that such ship was certified to carry more than fifty unberthed passengers at any one time in any trade referred to in this definition during a period of two years prior to that date; and the expression "existing Simla Rule ship" means a ship the keel of which was laid within such period and which was, within such period, certified to carry such passengers;"specified area" (指明范围) means any area specified in the Third Schedule; "specified sheltered waters" (指明遮蔽水域) means the waters contained in any area specified in the Fifth Schedule. (2) Otherwise than as provided in paragraph (1), words and expressions used in these regulations and in the Rules or the Ordinance shall have the same meaning as is assigned thereto in the Rules or the Ordinance as the case may be. (3) Subject to the specific provisions of these regulations and to such consequential modifications as may be required to give effect to such specific provisions, the Rules shall apply in the case of ships to which these regulations apply in the manner hereinafter specified and such Rules shall be construed as one with these regulations: Provided that in case of existing Simla Rule ships which do not already comply with the Rules as modified by these regulations, compliance shall be deemed sufficient if such improvements as are practicable and reasonable are made with a view to providing substantial compliance with the general principles of the Rules as so modified. (4) In so far as the Rules are applied to ships to which these regulations apply, references to the Minister shall be construed as references to the Director. (5) Paragraphs (2) to (7) inclusive of rule 48 of the Rules shall not apply in the case of any ship to which these regulations apply. ___________________________________________________________________ Note: + Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. Cap 369D reg 3 Classification of ships (1) For the purposes of these regulations the ships to which the regulations apply shall be arranged in the following classes- Simla Rule ships-not engaged in the pilgrim trade. Class A. Simla Rule ships, not being engaged in the pilgrim trade, plying on long international voyages. Class B. Simla Rule ships, not being engaged in the pilgrim trade, plying on long international voyages in specified areas. |
