| (Cap 478 sections 72, 73, 119 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 600 of 1995) Cap 478J s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1995) Cap 478J s 2 Interpretation Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) In this Regulation, unless the context otherwise requires- "cargo craft" (货轮) means cargo craft as defined in the HSC Code; "GRT" (总注册吨位), in relation to a ship, means its gross register tonnage and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages; "high-speed craft" (高速船) means high-speed craft as defined in the HSC Code; "HSC Code" (《高速船安全守则》) means the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.36(63), as that Code is amended by that Organization from time to time; "licence" (执照) means a licence issued under Part V; "passenger craft" (客轮) means passenger craft as defined in the HSC Code; "passenger ship" (客船) means a ship carrying more than 12 passengers; "registered power" (注册动力), in relation to a ship, means the brake or shaft power specified in the ship's certificate of registry; "repealed Regulations" (已废除规例) means the Merchant Shipping (Certification of Officers) Regulations (Cap 281 sub. leg.) repealed by the Ordinance, and includes the Merchant Shipping (Certification of Officers) Regulations (Cap 281 sub. leg.) repealed by regulation 19 of those Regulations; "river trade" (内河航行) means navigation and the carrying out of marine operations within river trade limits; "service endorsement" (服务资历认可证明) means a service endorsement endorsed on a certificate of competency by the Authority under section 6(8); "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated in accordance with the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.). (L.N. 105 of 1998)(2) In this Regulation, references to a certificate or licence of a particular class are references to a certificate or licence of that class as specified in Parts II, III and V. (3) In this Regulation, in references to "a class appropriate to the station", the class appropriate to a particular station shall be determined according to the following list- Appropriate class Station Deck Department- Class 1 Master Class 2 Chief Mate Class 3 Second Mate Engineering Department- Class 1 Chief Engineer Class 2 Second Engineer Class 3 Third Engineer:Provided that- (a) nothing in this Regulation shall prohibit an officer who holds a certificate of a particular class from manning a station lower in the list in his department than that appropriate to that class; (b) in the case of a ship referred to in item 5 of Table A, or in item 2(b) of Table B, in section 13(1)- (i) a holder of a Certificate of Competency (Marine Engineer Officer) Class 2 with a service endorsement may man a station as Chief Engineer; and (ii) a holder of a Certificate of Competency (Marine Engineer Officer) Class 3 may man a station as Second Engineer; and(c) no class of certificate relating to river trade shall be an appropriate class to man any station in a sea-going ship. (23 of 1998 s. 2) (Enacted 1995) Cap 478J s 3 Application (1) This Regulation shall apply to- (a) all Hong Kong ships; and (b) all other ships, being passenger ships, carrying passengers on any voyage- (i) which begins and ends within the waters of Hong Kong; and (ii) during the course of which the passenger ship concerned does not call at any port outside Hong Kong.(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 478J s 4 Qualified deck officers and classes of certificates PART II CERTIFICATION OF DECK OFFICERS (1) For the purposes of this Regulation, a deck officer shall be qualified if- (a) he holds- (i) a certificate of competency as a deck officer issued under this Regulation; (ii) a certificate which is under section 5 to be treated as equivalent to such a certificate of competency; or (iii) a licence which is under Part V to be treated as equivalent to such a certificate of competency; and(b) such certificate or licence is in force in relation to a class appropriate to the station held by him in the ship.(1A) Notwithstanding subsection (1), if any person- (a) holds a certificate of competency as a deck officer issued by the government of a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; (b) has satisfied the requirement for the issue of a licence under Part V; and (c) has applied for the issue of a licence under Part V,he shall be treated as a qualified deck officer for the purposes of this Regulation for a period of 3 months from the date on which the application made by such person for the issue of a licence under Part V is received by the Authority. (L.N. 105 of 1998) |
