| (Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 601 of 1995) Cap 478K s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478K s 2 Interpretation In this Regulation, unless the context otherwise requires- "Certification Regulation" (《资格证明规例》) means the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "employer" (雇主) means the person for the time being employing a master; "liquefied gas" (液化气体) means liquefied petroleum gas and liquefied natural gas and any of the gases listed in the International Maritime Organization (IMO) publication entitled "International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk (IGC Code)", together with any Supplements thereto, as in force from time to time; "liquid chemical" (液体化学品) means any liquid chemical listed in the IMO publication entitled "International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code)", together with any Supplements thereto, as in force from time to time; "petroleum products" (石油产品) means fuels, lubricants, bitumen, wax, industrial spirits and any substance having a final boiling point at normal atmospheric pressure of more than 50 degrees Celsius higher than its initial boiling point, produced directly or indirectly, from crude petroleum, except liquefied gas; "qualified" (符合资格) means qualified in accordance with section 5; "seagoing tanker" (海域航行油船) means a tanker other than one which navigates exclusively within inland waters or in areas where port regulations apply; "supervised shipboard service" (受监督船上服务) means the performance of duties connected with cargo or cargo equipment on a tanker (whether or not a tanker to which this Regulation applies) under the supervision of a qualified officer or rating in order to acquire an adequate knowledge of safe operational practices on a tanker; "tanker" (油船) means a ship which is constructed or adapted and used for the carriage of bulk cargoes consisting in whole or in part of petroleum products, liquid chemicals or liquefied gases and any reference to a type of tanker shall be a reference to the type of cargo which the tanker carries. (Enacted 1995) Cap 478K s 3 Application (1) This Regulation shall apply to all seagoing tankers which are Hong Kong ships. (2) 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 1995) Cap 478K s 4 Obligation on employer and master (1) It shall be the duty of every employer to ensure that any tanker for which he employs the master carries sufficient qualified officers and ratings to perform all duties which may arise in respect of the cargo and cargo equipment. (2) Subject to subsection (3), the master of any tanker shall not permit an officer or rating to have specific duties or responsibilities in connection with the cargo or cargo equipment on the tanker unless that officer or rating- (a) is qualified; or (b) is an officer whose certificate of competency or service is endorsed with a dangerous cargo endorsement for the same type of tanker in accordance with the relevant determinations made under the Certification Regulation.(3) Subsection (2) shall not prohibit the participation of an additional officer or rating in duties connected with cargo or cargo equipment in the course of supervised shipboard service. (4) It shall be the duty of every employer to ensure that masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility of loading, discharging and care in transit or handling of cargo shall have- (a) experience appropriate to their duties on the type of tanker on which they serve; and (b) completed a specialized training programme approved or recognized by the Authority and covering the matters specified in Schedule 1 that are appropriate to their duties on the type of tanker on which they serve. (L.N. 107 of 1998) (Enacted 1995) Cap 478K s 4A Transitional and savings (1) Subject to subsection (2), a seafarer shall be considered to have completed the specialized training programme referred to in section 4(4)(b) if he has served in a relevant capacity on board the type of tanker concerned for a period of not less than 1 year within the 5 years immediately prior to his application for an endorsement on his certificate of competence or service in respect of such service. (2) Subsection (1) shall expire on 1 February 1999. (L.N. 107 of 1998) Cap 478K s 5 Qualifications (1) In order to be qualified for the duties described in section 4 on a tanker of any type an officer or rating, other than a master, a chief engineer officer, a chief mate, a second engineer officer or a person with immediate responsibility for loading, discharging and care in transit or handling of cargo, shall have satisfactorily completed a fire-fighting course approved by the Authority and- |
