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[接上页] (b) may waive or reduce the prescribed fee referred to in subsection (3) where he is satisfied that the certificate concerned has been lost, defaced or destroyed without fault on the part of the seafarer to whom the certificate was issued.(5) Any rating aggrieved by a decision of the Authority to refuse to issue him a Navigational Watch Rating Certificate under subsection (1) may appeal against the decision to the Administrative Appeals Board except where the only reason for the refusal is that the rating has not paid the prescribed fee referred to in that subsection. (6) The Authority may, by notice in the Gazette, amend- (a) Schedule 1 in relation to the qualifications for the issue of a Navigational Watch Rating Certificate; (b) Schedule 2 or 3. (Enacted 1996) Cap 478W s 5A Power to make determinations The Authority shall have power to make determinations in writing specifying the standards of competency to be attained and conditions to be satisfied by a person or class of persons to qualify for service as navigational watch ratings on tankers, ro-ro passenger ships or other ships specified by the Authority. (L.N. 103 of 1998) Cap 478W s 6 Offences by employers and masters (1) An employer who contravenes section 4(1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (2) The master of a ship who contravenes section 4(2) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 years. (Enacted 1996) Cap 478W s 7 False pretences and supply of false information (1) Any person who in connection with an application for or the issue of a Navigational Watch Rating Certificate, a substitute certificate under the proviso to section 5(1) or a replacement of a certificate under section 5(3)- (a) makes a false pretence; or (b) supplies false information,knowing it to be false or not believing it to be true, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (2) Where any person is convicted of an offence under subsection (1) or of the offence of fraud under section 16A of the Theft Ordinance (Cap 210) in relation to a document referred to in subsection (1), or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a document referred to in subsection (1), the Authority may cancel or suspend for any period any such document held by such person. (45 of 1999 s. 11) (Enacted 1996) Cap 478W s 8 Saving (1) A certificate issued under the repealed Regulations and in force immediately before the commencement of this Regulation shall be deemed to be a certificate issued under this Regulation, and the provisions of this Regulation shall apply accordingly. (2) For the purposes of this section, "repealed Regulations" (已废除的规例) means the Merchant Shipping (Navigational Watch Ratings) Regulations (Cap 281 sub. leg.) repealed by the Ordinance. (Enacted 1996) Cap 478W Sched 1 QUALIFICATIONS FOR ISSUE OF A NAVIGATIONAL WATCH RATING CERTIFICATE [section 5(1) & (6)] 1. To qualify for a Navigational Watch Rating Certificate a rating must- (a) have attained the age of 17 years; and (b) be a registered seafarer or have been granted a dispensation from such requirement in writing by the Authority. The grant of such dispensation may be made subject to such conditions as to the rating's existing qualifications as the Authority thinks fit. 2. The qualifications for a Navigational Watch Rating Certificate shall be that the rating- (a) has completed not less than 6 months' sea service in the deck department and received adequate training approved by the Authority to develop- (i) knowledge of basic principles of fire-fighting, first aid, personal survival techniques, avoidance of health hazards and personal safety; (ii) the ability to steer and comply with helm orders, and knowledge of magnetic and gyro compasses sufficient for the performance of such duties; (iii) the ability to keep a proper lookout by sight and hearing and to report the approximate bearing of a light or other object or of a sound signal, in degrees and points; (iv) familiarity with the changeover from automatic pilot to hand steering and vice versa; (v) knowledge of the internal communications and alarms systems of vessels; (vi) knowledge of pyrotechnic distress signals; (vii) knowledge of the emergency duties of navigational watch ratings; (viii) knowledge of nautical terms and their meanings appropriate to the duties of navigational watch ratings; (L.N. 103 of 1998) (ix) knowledge of basic environmental protection procedures; (L.N. 103 of 1998) (x) knowledge of satellite emergency position indicating radio beacons, and search and rescue radar transponders, the avoidance of false distress alerts, and action to be taken following accidental transmission of distress signals; (L.N. 103 of 1998) (xi) knowledge of procedures for relief, maintenance and handover of a watch and information required to maintain a safe watch; and (L.N. 103 of 1998)(b) satisfies the Authority that he has the ability to understand and carry out orders and to make himself understood in English in matters relevant to the duties of a navigational watch rating. |