| (Cap 478, sections 96 and 134) [2 September 1996] (L.N. 577 of 1995) Cap 478C s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478C s 2 Interpretation In this Regulation, unless the context otherwise requires- "seafarer" (海员) does not include a dock worker or shore-based repair or other worker temporarily employed on board a ship; "substance" (物质) means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour. (Enacted 1995) Cap 478C s 3 Application (1) Subject to subsection (2)- (a) this Regulation, except section 12, shall apply to a Hong Kong ship; and (b) sections 2 and 12 shall apply to a ship- (i) which is not a Hong Kong ship; (ii) while it is within the waters of Hong Kong; and (iii) if it has entered those waters in the normal course of business or for operational reasons.(2) This Regulation shall not apply to a fishing vessel except a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies. (Enacted 1995) Cap 478C s 4 General duties of employers (1) It shall be the duty of the employer of seafarers on board a ship to ensure, so far as is reasonably practicable, the health and safety of those seafarers and other persons on board the ship who may be affected by his acts and omissions. (2) Without prejudice to the generality of the employer's duty under subsection (1), the matters to which that duty extends shall include- (a) the provision and maintenance of plant, machinery and equipment and systems of work that are, so far as is reasonably practicable, safe and without risk to health; (b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risk to health in connection with the use, handling, stowage and transport of articles and substances; (c) the provision to seafarers of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety of all persons on board the ship; (d) so far as is reasonably practicable, the maintenance of all places of work in the ship in a condition that is safe and without risk to health; (e) the provision and maintenance of an environment for all persons on board the ship that is, so far as is reasonably practicable, safe and without risk to health; and (f) so far as is reasonably practicable, collaboration with others who employ persons who are at any time in the course of their employment on board the ship or engaged in loading or unloading activities in relation to the ship to protect the health and safety of all persons on board the ship.(3) It shall be the duty of every employer of seafarers on board a ship to prepare and, as often as may be appropriate, revise a written statement of his general policy with respect to health and safety of all persons on board the ship and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of those seafarers: Provided that this requirement shall not apply to an employer who employs less than 5 seafarers in aggregate on board ships. (Enacted 1995) Cap 478C s 5 General duties of seafarers It shall be the duty of every seafarer on board a ship- (a) to take reasonable care for the health and safety of himself and of other persons on board the ship who may be affected by his acts or omissions; and (b) as regards any duty or requirement imposed on his employer or any other person by- (i) this Regulation; or (ii) the Ordinance, the Merchant Shipping Ordinance (Cap 281), the Shipping and Port Control Ordinance (Cap 313), the Merchant Shipping (Safety) Ordinance (Cap 369), or any regulations made thereunder, with regard to the health or safety of persons on board a ship, to co-operate with his employer or that person, as the case may be, so far as is necessary to enable that duty or requirement to be performed or complied with. (Enacted 1995) Cap 478C s 6 Prohibition on levy No employer of seafarers on board a ship shall levy or permit to be levied on any such seafarer any charge in respect of anything done or provided pursuant to any requirement of this Regulation. (Enacted 1995) Cap 478C s 7 Duty not to interfere with or misuse certain things No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health or safety of persons on board a ship pursuant to- (a) this Regulation; or (b) the Ordinance, the Merchant Shipping Ordinance (Cap 281), the Shipping and Port Control Ordinance (Cap 313), the Merchant Shipping (Safety) Ordinance (Cap 369), or any regulations made thereunder. (Enacted 1995) Cap 478C s 8 Penalties (1) Any employer who contravenes section 4 or 6 commits an offence and is liable on conviction to a fine at level 3. (2) Any seafarer who contravenes section 5 commits an offence and is liable on conviction to a fine at level 1. (3) Any person who contravenes section 7 commits an offence and is liable on conviction to a fine at level 2. |
