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(Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 3 of 1996) Cap 478V s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 478V 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 a master; "Engine Room Watch Rating Certificate" (机房值班普通船员证书) means a certificate issued under section 5; "qualified engine room watch rating" (符合资格的机房值班普通船员) means a rating who holds a valid qualifying document; "qualified engineer officer" (符合资格的轮机师) means an officer who is qualified for the purposes of section 6 of the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "qualifying document" (资格文件) means either an Engine Room 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 the 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;"registered power" (注册动力), in relation to a ship, means the brake or shaft power specified in the ship's certificate of registry, that is to say, the total continuous rated brake or shaft power of all the propulsion engines, irrespective of whether some of the power may be diverted from the propulsion shafts, whether or not all of the power is normally used; "sea service" (海上服务) means service at sea on board a seagoing ship, whether or not such ship is 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. (Enacted 1996) Cap 478V s 3 Application (1) This Regulation applies to all seagoing ships having registered power of 750 kilowatts 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 478V s 4 Obligation on employer, master and chief engineer officer (1) It shall be the duty of every employer to ensure that any ship for which he employs the master carries such qualified engine room watch ratings as are necessary to enable the master and chief engineer officer to comply with the requirements of subsection (2). (2) Neither the master nor the chief engineer officer of a ship shall permit a member of the ship's crew who is not a qualified engineer officer or a qualified engine room watch rating to form part of an engine room watch or to perform duties for which he is not qualified as part of that watch unless that member's duties while on watch are of an unskilled nature: Provided that nothing in this section shall prohibit the participation of additional members of the ship's crew in engine room watchkeeping duties as part of their training under the supervision of a qualified engineer officer or qualified engine room watch rating. (Enacted 1996) Cap 478V 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 an Engine Room Watch Rating Certificate in the form set out in Schedule 2: Provided that if a rating cannot satisfy the Authority that he has adequate knowledge of the safe operation of a ship's boilers and an ability to maintain correct water levels and steam pressures, the certificate shall be expressed to exclude a boiler watch. If the rating subsequently satisfies the Authority that he has such knowledge and ability a substitute certificate, expressed to include a boiler watch, may be issued by the Authority, upon payment of the prescribed fee, and the original destroyed. (2) Subject to subsection (3), where an Engine Room Watch Rating Certificate issued to any person has been lost, defaced or destroyed, the Authority may, upon payment of the prescribed fee, issue to the person another 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. (3) The Authority- (a) shall not issue an Engine Room Watch Rating Certificate pursuant to subsection (2) to a person unless the person 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 |