【法规名称】
【法规编号】 58692 什么是编号？
【正 文】
CAP 478W MERCHANT SHIPPING (SEAFARERS) (NAVIGATIONAL WATCH RATINGS) REGULATION
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(Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 4 of 1996) Cap 478W s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 478W s 2 Interpretation In this Regulation, unless the context otherwise requires- "Convention" (公约) means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; "employer" (雇主) means the person for the time being employing the master; "GRT" (总注册吨位), in relation to a ship, means its gross register tonnage and in relation to a ship having alternative gross register tonnages means the lower of those tonnages; "Navigational Watch Rating Certificate" (导航值班普通船员证书) means a certificate issued under section 5(1); "qualified deck officer" (符合资格的甲板高级船员) means an officer who is qualified for the purposes of section 4 of the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "qualified navigational watch rating" (符合资格的导航值班普通船员) means a rating who holds a valid qualifying document; "qualifying document" (资格文件) means either a Navigational Watch Rating Certificate or, in the case of a rating who is a national of a country which is a party to the Convention, a document issued to its nationals by the appropriate authority of such country under provisions equivalent to this Regulation for the purposes of the Convention; "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;"sea service" (海上服务) means service at sea on board a seagoing ship (whether or not a ship to which this Regulation applies); "seagoing" (海域航行), in relation to a ship, means a ship other than one which navigates exclusively within inland waters or in areas where port regulations apply; "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 478W s 3 Application (1) This Regulation shall apply to all seagoing ships of 200 GRT or more which are Hong Kong ships except any such ship which is a fishing vessel. (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 1996) Cap 478W s 4 Obligation on employer and master (1) It shall be the duty of every employer to ensure that any ship for which he employs the master carries such qualified navigational watch ratings as are necessary to enable the master to comply with the requirements of subsection (2). (2) The master of a ship shall not permit a member of the ship's crew who is not a qualified deck officer or a qualified navigational watch rating to form part of a navigational watch or to perform duties for which he is not qualified as part of that watch: Provided that nothing in this section shall prohibit the participation of additional members of the ship's crew in navigational watchkeeping duties as part of their training under the supervision of a qualified deck officer or qualified navigational watch rating. (Enacted 1996) Cap 478W s 5 Power to issue certificates (1) The Authority, if satisfied as to the matters set out in Schedule 1 in respect of a rating shall, upon application by the rating and payment of the prescribed fee, issue a Navigational Watch Rating Certificate in the form set out in Schedule 2: Provided that if the rating cannot satisfy the Authority that he has had adequate experience or training in the use of the gyro compass or in the changeover from automatic pilot to hand steering and vice versa, the certificate shall be expressed to that effect. If the rating subsequently satisfies the Authority that he has obtained such experience or training a substitute certificate expressed accordingly may be issued by the Authority, upon payment of the prescribed fee, and the original destroyed. (2) The master of a seagoing ship, whether or not a ship to which this Regulation applies, in which a rating has taken turns at the wheel in steering the ship, may issue him with a Steering Certificate in the form set out in Schedule 3. (3) Subject to subsection (4), where a Navigational Watch Rating Certificate issued to any seafarer has been lost, defaced or destroyed, the Authority may, upon payment of the prescribed fee, issue to the seafarer another such certificate in like terms, and any such certificate so issued shall, for the purposes of this Regulation, have the same effect as the certificate lost, defaced or destroyed, as the case may be. (4) The Authority- (a) shall not issue a Navigational Watch Rating Certificate pursuant to subsection (3) to a seafarer unless the seafarer supplies the Authority with such information as the Authority requires to satisfy the Authority that the certificate which it will replace has in fact been lost, defaced or destroyed; and |
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