| (Cap 478 sections 96, 119 and 134) [2 September 1996] (L.N. 608 of 1995) Cap 478R s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1995) Cap 478R s 2 Interpretation In this Regulation, unless the context otherwise requires- "access" (上落船过程) means the process of embarking on or disembarking from a ship or a ship's boat; "accident" (意外) means any occurrence on board ship or during access which is notifiable under section 11(1)(a); "Code" (守则) means the United Kingdom Department of Transport publication entitled "Code of Safe Working Practices for Merchant Seamen", published in 1991 by Her Majesty's Stationery Office, as in force from time to time; "crew" (船员) means all seafarers employed on board a ship; "dangerous occurrence" (危险事故) means any occurrence on board ship or during access which is of a kind specified in the Schedule; "employer" (雇主) means the person for the time being employing the master; "incapacitated for work" (丧失工作能力) means, in the case of a member of the crew, unable to undertake the full range of duties normally undertaken by him on board ship, and in the case of any other person means a comparable impairment of that person's physical condition; "major injury" (严重受伤) means- (a) fracture of the skull, spine or pelvis; (b) fracture of any bone- (i) in the arm, other than in the wrist or hand; (ii) in the leg, other than in the ankle or foot;(c) loss of a hand or foot; (d) loss of sight of an eye; or (e) any other impairment of a person's physical condition which results in the person- (i) being admitted to hospital as an in-patient for more than 24 hours; or (ii) while at sea, being confined to bed on board, if the impairment would have resulted in admission to hospital as an in-patient for more than 24 hours had the ship been in port;"Marine Department Notice" (海事处公告) means a notice described as such and issued by the Authority; "occupational health and safety" (职业健康及安全) means the health and safety of the crew whilst on board ship and during access; "owner" (船东), in relation to a ship, means owner within the meaning of the Merchant Shipping (Registration) Ordinance (Cap 415), and includes a charterer by demise; "petroleum products" (石油产品), "liquid chemical" (液体化学品) and "liquefied gas" (液化气体) have the meanings respectively ascribed to those terms in the Merchant Shipping (Seafarers) (Tankers-Officers and Ratings) Regulation (Cap 478 sub. leg.); "rating" (普通船员) means a member of a ship's crew other than- (a) the master; (b) an officer; or (c) a seafarer not directly connected with the normal manning of the ship;"safety committee" (安全委员会) means a committee appointed under section 4(4); "safety officer" (安全主任) means a seafarer appointed as such under section 4(1)(a); "safety official" (安全人员) means a safety officer, a safety representative or a member of a safety committee; "safety representative" (安全代表) means a seafarer elected as such under section 4(1)(b); "seagoing" (海域航行), in relation to a ship, means a ship other than one which is navigated exclusively within inland waters or in areas where port regulations apply; "ship" (船、船舶) means a Hong Kong ship; "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. (Enacted 1995) Cap 478R s 3 Application Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 PART II SAFETY OFFICIALS (1) This Part applies to all seagoing ships in which a crew of more than 5 are employed except any such ship which is a fishing vessel. (2) Nothing in this Part shall give any person a right to inspect any place, article, substance or document which is the subject of restrictions for reasons of Government security unless he satisfies any test or requirement relating to Government security and imposed by or on behalf of the Chief Executive. (64 of 1999 s. 3) (3) The Authority may grant exemptions from all or any of the provisions of this Part 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 478R s 4 Appointment and election of safety officials (1) In respect of every ship- (a) the employer shall appoint a safety officer; and (b) the officers and ratings may in accordance with rules made by the employer for the purposes of this paragraph elect- (i) in a ship carrying a crew of 15 or less, 1 safety representative elected by the officers and ratings jointly; (ii) in a ship carrying a crew of more than 15, either- (A) if the ship carries 30 ratings or less, 1 safety representative elected by the officers and 1 safety representative elected by the ratings; or |
