| (Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 1 of 1996) Cap 478T s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 478T s 2 Interpretation In this Regulation, unless the context otherwise requires- "authorized person" (获授权人) means a person authorized by the Authority for purposes of this Regulation; "Certification Regulation" (《资格证明规例》) means the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "court of survey" (验船法庭) means a court of survey appointed under section 74 of the Merchant Shipping (Safety) Ordinance (Cap 369); "employer" (雇主) means the person for the time being employing the master; "hazardous cargo" (危险货物) means cargo that is or may become explosive, flammable, toxic, a threat to health or liable to pollute the environment; "qualified officer" (符合资格的高级船员) means an officer who is qualified in accordance with the provisions of section 9; "seagoing" (海域航行), in relation to a ship, means a ship other than one which navigates exclusively in inland waters or in areas where port regulations apply. (Enacted 1996) Cap 478T s 3 Application (1) Subject to subsection (2), this Regulation shall apply to- (a) all seagoing ships which are Hong Kong ships; and (b) all seagoing ships- (i) which are not Hong Kong ships; (ii) while they are within the waters of Hong Kong; and (iii) if they have entered those waters in the normal course of business or for operational reasons.(2) This Regulation shall not apply to fishing vessels. (3) The Authority may grant exemptions from all or any of the provisions of this Regulation for classes of cases or individual cases on such conditions, if any, as he thinks fit and may, subject to giving reasonable notice, alter or cancel any such exemption. (Enacted 1996) Cap 478T s 4 Duty of master The master of a ship shall- (a) ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to the matters set out in Schedules 1, 2 and 3; (L.N. 101 of 1998) (b) give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, having regard to the matters set out in Schedule 1; (L.N. 101 of 1998) (c) ensure that any training or assessment of competence conducted on board the ship is conducted at such times and in such manner that it will not adversely affect the normal operation of the ship, and by persons who can dedicate their entire attention to the training or assessment; and (L.N. 101 of 1998) (d) ensure that radio operators maintain a continuous radio watch on appropriate frequencies during their watches in accordance with Schedule 3. (L.N. 101 of 1998) (Enacted 1996) Cap 478T s 5 Duty of chief engineer officer The chief engineer officer of a ship shall- (a) ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, having regard to the matters set out in Schedule 2 and Parts 1, 3 and 5 of Schedule 4; (L.N. 101 of 1998) (b) when deciding the composition of the watch, take into account the principles set out in Schedule 2 and Parts 1, 3 and 5 of Schedule 4; and (L.N. 101 of 1998) (c) ensure that the officers in charge of engineering watches are immediately available and on call to attend machinery spaces and, when required, are physically present in the machinery spaces. (L.N. 101 of 1998) (Enacted 1996) Cap 478T s 6 Watchkeeping arrangements in port The master of a ship shall, notwithstanding that it is safely moored or safely anchored under normal circumstances in port, arrange for an appropriate and effective watch to be maintained for the purposes of safety, having regard to the specified principles and operational guidance set out in Schedule 4. (Enacted 1996. L.N. 101 of 1998) Cap 478T s 7 Watchkeeping arrangements in port for ships carrying hazardous cargo The master of a ship which is carrying hazardous cargo shall, notwithstanding that the ship is safely moored or safely anchored under normal circumstances in port, in addition to any watchkeeping arrangements required under section 6, ensure- (a) if the hazardous cargo is in bulk, that there are readily available on board a sufficient number of qualified officers and other seafarers to maintain a safe deck watch and safe engineering watch; or (b) if the hazardous cargo is not in bulk, that in organizing safe watchkeeping arrangements he takes full account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore. (Enacted 1996) Cap 478T s 8 Manning and certificates (1) Any certificate required to be held by an officer under this Regulation shall be kept available in its original form on board the ship on which the holder is serving. (2) Any deck or engine room watch rating certificate held by a watch rating shall be kept available in its original form on board the ship on which the holder is serving. |
