【法规名称】
【法规编号】 58698 什么是编号？
【正 文】
第3页 CAP 478T MERCHANT SHIPPING (SEAFARERS) (CERTIFICATION AND WATCHKEEPING) REGULATION
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[接上页] (a) in the case of a certificate issued by the government a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 other than the flag state of the ship, for endorsement of his certificate; or (b) in the case of a Hong Kong ship, for the issue of a licence under Part V of the Certification Regulation,and can provide documentary evidence of having made such application. (L.N. 101 of 1998) (1B) An authorized person may inspect- (a) a Hong Kong ship; (b) a ship, other than a Hong Kong ship, while it is within the waters of Hong Kong,for the purpose of verifying whether the numbers and classes of certificates of seafarers on board the ship conform to the requirements of the flag state. (L.N. 101 of 1998) (2) If any of the following has occurred- (L.N. 101 of 1998) (a) a ship has been involved in a collision, grounding or stranding; (b) there has been a discharge of any substance from a ship when underway, at anchor or at a berth, contrary to the provisions of any international convention; (L.N. 101 of 1998) (c) a ship has been manoeuvred in an erratic or unsafe manner or has not followed navigational course markers or traffic separation schemes; or (L.N. 101 of 1998) (d) a ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment, (L.N. 101 of 1998)and if by reason of such occurrence an authorized person has grounds for believing that the standards of watchkeeping prescribed by this Regulation are not being maintained, the authorized person may inspect the ship in order to assess the ability of the officers and other seafarers serving on board to maintain those standards. (Enacted 1996) Cap 478T s 11 Procedure to be adopted when inspection reveals deficiencies If an authorized person finds on an inspection carried out under section 10- (a) that any certificate of competency or of service required under this Regulation is not a valid certificate; (L.N. 101 of 1998) (b) that the conditions of any exemption granted under this Regulation to the ship or to the class of ships to which it belongs have not been complied with; (c) that the navigational or engineering watch arrangements on the ship do not conform to the requirements specified for the ship by the appropriate authority of the country in which the ship is registered; (d) that there is an absence on a watch of any seafarer qualified to operate equipment essential to safe navigation; (L.N. 101 of 1998) (e) that the master is unable to provide adequately rested seafarers for the first watch at the commencement of a voyage and for subsequent relieving watches; or (L.N. 101 of 1998) (f) that the applicable safe manning requirements of the flag state are not complied with, (L.N. 101 of 1998)he shall notify in writing the master of the ship and, in the case of a ship which is not a Hong Kong ship, the nearest maritime, consular or diplomatic representative of the country in which the ship is registered. (Enacted 1996) Cap 478T s 12 Power to detain (1) If an authorized person finds on an inspection carried out under section 10- (a) that the master or chief engineer officer, or any officer in charge of a navigational or engineering watch, is not qualified in accordance with section 9; or (b) that the navigational or engineering watch arrangements for the ship do not conform to the requirements laid down for the ship by the appropriate authority of the country in which the ship is registered,and if these deficiencies are not corrected within a reasonable time after notification thereof under section 11, then the authorized person may cause the ship to be detained until those deficiencies have been corrected to an extent sufficient to remove any danger to persons, property or the environment. (2) An authorized person shall not in exercise of his powers under this section unreasonably delay or detain a ship. (3) If on the application of the owner, agent of the owner or master of a ship detained under this section a court of survey is satisfied that the ship has been unreasonably delayed or detained, the Government shall be liable to pay to the owner of the ship- (a) his costs of and incidental to the delay or detention of the ship; and (b) compensation for any loss or damage sustained by him by reason of its delay or detention.(4) If on application made on behalf of the Government a court of survey is satisfied that a ship detained under this section was reasonably detained the owner, agent of the owner or master of the ship shall be liable to pay to the Government the costs of and incidental to the detention of the ship. (5) The provisions of the Merchant Shipping (Court of Survey) Regulations (Cap 369 sub. leg.) shall apply with necessary modifications to any proceedings before a court of survey under this section. (Enacted 1996) Cap 478T s 13 Offences and penalties (1) An employer who contravenes section 8(4), (7) or (8) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (L.N. 101 of 1998) |
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