| (Cap 478 section 74(2)) [2 September 1996] (L.N. 6 of 1996) Cap 478Y s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1996) Cap 478Y s 2 Interpretation In these Rules, unless the context otherwise requires- "approved" (认可) means approved by the Authority; "conversion course" (转职课程) means a course which provides training in the duties of a deck rating for seafarers who have served as an engine room rating; "Examination Centre" (考试中心) means the Examination Centre of the Marine Department; "examiner" (主考人员) means a person appointed to be an examiner under section 74(1) of the Ordinance; "GRT" (总注册吨位), in relation to a ship, means the gross register tonnage of the ship and, in relation to a ship having alternative gross register tonnages, means the lower of those tonnages; "qualifying sea service" (符合资格所需的海上服务) means the sea service specified in section 7 as modified by section 8; "repealed Rules" (已废除的规则) means the Merchant Shipping (Certificates of Competency as A.B.) Rules (Cap 281 sub. leg.) repealed by the Ordinance, and includes the Merchant Shipping (Lifeboatmen and A.B. Certificates of Competency Examinations) Rules (Cap 281 sub. leg.) revoked by rule 14 of those first-mentioned Rules; "responsible authority" (负责当局), in relation to a training school or course, means the person in charge of that school or course; "satisfactorily" (圆满地) means to the satisfaction of the responsible authority or the Authority; "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; "steering requirement" (操舵规定) means the requirement of section 3(e) as to steering experience; "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.). (Enacted 1996) Cap 478Y s 3 Conditions for the grant of a certificate of competency as A.B. PART II QUALIFICATION, ELIGIBILITY AND APPLICATION FOR EXAMINATION A certificate of competency as A.B. shall not be granted to any seafarer unless he- (a) has attained the age of 18 years; (b) has completed the qualifying sea service; (c) has passed an examination based on the syllabus specified in Schedule 1; (d) is the holder of a certificate of proficiency in survival craft issued under the Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft) Rules (Cap 478 sub. leg.), a certificate of competency as lifeboatman issued under the repealed Rules or any other approved certificate of proficiency in survival craft; and (e) has, otherwise than for the purpose of receiving instruction therein, taken turns at the wheel in steering a seagoing ship, not being a fishing vessel, for a period totalling not less than 10 hours. (Enacted 1996) Cap 478Y s 4 Eligibility and application for examination (1) Subject to section 5, a person shall not be eligible to take an examination for a certificate of competency as A.B. unless he- (a) has attained the age of 18 years; and (b) either- (i) (A) has completed the qualifying sea service; and (B) has fulfilled the steering requirement; or(ii) (A) has served at sea as an engine room rating for not less than 18 months; (B) has satisfactorily completed an approved conversion course; and (C) is the holder of a valid medical fitness certificate within the meaning of the Merchant Shipping (Seafarers) (Medical Examination) Regulation (Cap 478 sub. leg.).(2) Application to take the examination shall be made to the Examination Centre. (3) Every application shall be made on a form obtainable from the Examination Centre and shall be accompanied by- (a) a certificate or certificates and such other evidence as may be necessary to establish to the satisfaction of the examiner that the applicant has complied with the requirements of subsection (1)(b); and (b) the prescribed fee.(4) Every application when completed shall be lodged with the examiner, who shall, if satisfied that the applicant is eligible to take the examination, ensure that the applicant is notified of the arrangements made for the examination, or, if not so satisfied, inform the applicant in writing that his application is refused, stating the reasons for the refusal. (5) On the completion of the examination, the examiner shall inform the applicant of the result, record the result on the form of application and submit the form to the Authority. If the applicant has passed the examination, the examiner shall issue to the applicant a certificate to that effect. (6) A seafarer who has complied with the requirements of section 3(a), (b) and (d) and has fulfilled the steering requirement may when applying to take an examination under subsection (3) also apply for the grant of a certificate of competency as A.B. in which case the application shall be accompanied by 2 suitable identical passport-size photographs of the applicant and the prescribed fee. |
