【法规名称】
【法规编号】 58668 什么是编号？
【正 文】
第12页 CAP 548 MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE
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[接上页] "person in charge of works" (工程负责人) means- (a) the owner or coxswain of, or other person having control over, a local vessel on, to or by means of which any works are to be, or are being, carried out; (Amended 70 of 1999 s. 19) (b) a principal contractor or sub-contractor, if any, who contracts to carry out, or who carries out, any works; or (Amended 70 of 1999 s. 19) (c) any other person having for the time being in command or charge of any works being carried out on, to or by means of a local vessel; (Added 70 of 1999 s. 19)"principal contractor" (总承判商) means a person who enters into a contract directly with the owner or coxswain of, or other person having control over, a local vessel to carry out any works; "repairs" (修理), in relation to- (a) any local vessel, means any repairs, alterations or maintenance works on or to the vessel carried out by any person other than a member of the crew or coxswain of the vessel or that involve or are likely to involve the safety of any person other than a member of the crew or the coxswain; and (b) any local vessel carrying dangerous goods, means any repairs, alterations or maintenance works on or to the vessel capable of providing an ignition source, including those that involve welding, burning or the use of blow lamps, braziers or other devices using combustible materials;"sub-contractor" (次承判商) means- (a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the works which the principal contractor has contracted to perform; and (b) any other person who enters into a contract, express or implied, to perform all or any part of the works which a sub-contractor within the meaning of paragraph (a) has contracted to perform;"works" (工程) means- (a) repairs to any local vessel; (b) the breaking up of a local vessel; (Amended 70 of 1999 s. 19) (c) cargo handling on a local vessel; or (Amended 70 of 1999 s. 19) (d) marine construction. (Added 70 of 1999 s. 19) Cap 548 s 38 Application Remarks: not yet in operation This Part shall not apply to- (a) a local vessel which is outside the waters of Hong Kong; or (b) repairs to, or the breaking up of, a local vessel which is- (i) in a dock other than a floating dock; or (ii) on a slip or mechanical lift. Cap 548 s 39 Appointment of inspectors Remarks: not yet in operation The Director shall appoint such persons as he thinks fit to be inspectors for the purposes of this Part. Cap 548 s 40 Powers of Director and inspectors Remarks: not yet in operation (1) The Director and an inspector shall have power- (a) at any reasonable time (or, in a situation which in the opinion of the Director or an inspector is or may be dangerous, at any time) to board any local vessel within the waters of Hong Kong which he has reason to believe it is necessary to board for the purposes of this Part, and for the purpose of boarding any such vessel which is floating alongside any premises at a seawall or pier, to enter such premises; (b) to take with him such persons as may be necessary to assist him in the exercise of his powers, or performance of his duties, under this Part; (c) to inspect and examine any local vessel on or to which any works are being carried out; (d) to make such examination and inquiry as may be necessary to ascertain that safe working conditions obtain and that the provisions of this Part are complied with; (e) to investigate any accident involving any works or injury to any person arising out of or in the course of carrying out any works; (f) to require the production of any register, certificate or other document required to be kept in pursuance of regulations made under section 89 and to inspect and copy any of them or any entry in them; and (g) to require the posting of any notice in pursuance of regulations made under section 89 or any notice related to works, machinery, equipment or appliances, or the safety of persons employed in carrying out any works.(2) The owner or coxswain of, or other person having control over, a local vessel shall furnish such safe means required by the Director or an inspector as are necessary for the purposes of boarding, inspection, examination, investigation, or otherwise for the exercise of his powers under this Part. (3) Any person who- (a) without reasonable excuse fails to comply with any requirement of the Director or an inspector in pursuance of this section; (b) without reasonable excuse fails to produce any register, certificate or other document which he is required in pursuance of this Part to produce; or (c) without reasonable excuse withholds any information as to who is the owner or coxswain of, or person having control over, a local vessel, or the owner of any machinery, equipment or appliance provided or used for the carrying out of any works,commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months. Cap 548 s 41 Restriction on carrying out repairs or breaking up of local vessels |
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