| (Cap 369, section 107) [1 March 1999]L.N. 51 of 1999 (L.N. 111 of 1998) Cap 369AW s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) Cap 369AW s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "cargo craft" (载货高速船) means a high speed craft other than a passenger craft, which is capable of maintaining the main functions and safety systems of unaffected spaces, after damage in any one compartment on board; "design waterline" (设计水线) means the waterline corresponding to the maximum operational weight of the craft with no lift or propulsion machinery active and is limited by the requirements of Chapters 2 and 3 of the HSC Code; "failure mode and effect analysis" (故障模式及影响分析) means an examination, in accordance with annex 4 of the HSC Code, of the craft's systems and equipment to determine whether any reasonably probable failure or improper operation can result in a hazardous or catastrophic effect; "high speed craft" (高速船) means a craft capable of a maximum speed in metres per second equal to or exceeding- 3.7▽0.1667where ▽ = displacement corresponding to the design waterline (m3); "High Speed Craft Safety Certificate" (安全证明书) means, in relation to a Hong Kong high speed craft, a certificate issued pursuant to section 6 and, in relation to any other high speed craft, a certificate issued in conformity with Chapter 1 of the HSC Code by or on behalf of the government of the State or territory in which the craft is registered; "Hong Kong high speed craft" (香港高速船) means a high speed craft registered in Hong Kong; "HSC Code" (《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 may be amended by the Organization from time to time; "operational speed" (营运航速) means 90% of the maximum speed of a high speed craft; "passenger craft" (载客高速船) means a high speed craft which carries more than 12 passengers; "Permit to Operate High Speed Craft" (营运许可证) means, in relation to a Hong Kong high speed craft, a permit issued pursuant to section 8 and, in relation to any other high speed craft, a permit issued in conformity with Chapter 1 of the HSC Code by or on behalf of the government of the State or territory in which the craft is registered; "place of refuge" (避险处) means any naturally or artificially sheltered area which may be used as a shelter by a high speed craft under conditions likely to endanger its safety; "pleasure craft" (游乐船只) means a craft primarily used for sport or recreation; "surveyor" (验船师) means a Government Surveyor appointed under section 5 of the Ordinance or a surveyor appointed by an organization approved under section 8 of the Ordinance. (2) In interpreting the HSC Code, references to the "Administration" shall, in relation to Hong Kong high speed craft, be references to the "Director." Cap 369AW s 3 Application (1) Subject to subsections (2) and (3), this Regulation applies to- (a) high speed craft constructed on or after the commencement of this Regulation; (L.N. 182 of 1999) (b) high speed craft constructed before the commencement of this Regulation which have undergone repairs, alterations or modifications of a major character on or after the commencement; and (L.N. 182 of 1999) (c) at the request made by or on behalf of its owner and subject to the approval of the Director, high speed craft constructed before the commencement of this Regulation. (L.N. 182 of 1999) (2) This Regulation applies to high speed craft specified in subsection (1) which- (a) are Hong Kong high speed craft, or are other high speed craft within the waters of Hong Kong; and (b) are engaged in either- (i) international voyages; or (ii) voyages, which are not international voyages, between Hong Kong and any port outside Hong Kong; and(c) are either- (i) passenger craft which can reach any place of refuge at operational speed when fully laden in not more than 4 hours during their course of voyage; or (ii) cargo craft of 500 gross tonnage or over which can reach any place of refuge at operational speed when fully laden in not more than 8 hours during their course of voyage.(3) This Regulation does not apply to high speed craft which are- (a) craft of war or troopcraft; (b) craft not propelled by mechanical means; (c) wooden craft of primitive build; (d) pleasure craft not engaged in trade; or (e) fishing craft. Cap 369AW s 4 Compliance with the HSC Code (1) Subject to subsection (2), every high speed craft to which this Regulation applies shall be constructed, equipped, operated and maintained in accordance with the requirements relevant to it of Chapters 2 to 19 of the HSC Code. (2) Without prejudice to section 12, the Director may exempt- (a) a high speed craft to which this Regulation applies by virtue of section 3(1)(b); or |
