【法规名称】
【法规编号】 58708 什么是编号？
【正 文】
CAP 478O MERCHANT SHIPPING (SEAFARERS) (MEDICAL EXAMINATION) REGULATION
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(Cap 478 sections 96 and 134) [2 September 1996] (L.N. 605 of 1995) Cap 478O s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478O s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "applicant" (申请人) means an applicant for a medical fitness certificate; "approved" (认可) means approved in writing by the Authority; "bulk chemical carrier" (散装化学品运载船) means a ship carrying in bulk any chemical listed in Chapter VI of the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1993 edition) or Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1990 edition), published by the International Maritime Organization, together with any supplement thereto published by that Organization, as in force from time to time; "crew" (船员) means all seafarers employed on board a ship; "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 the gross register tonnage of a ship having alternative gross register tonnages shall be taken to be the larger of those tonnages; "International Labour Office" (国际劳工局) means the office of that name established by the International Labour Organization; "medical fitness certificate" (健康证明书) means a certificate issued under section 6, or a certificate treated as equivalent thereto under section 5; "medical review panel" (医务覆核小组) means a medical review panel appointed by the Authority under section 10; "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.); "valid medical fitness certificate" (有效健康证明书) means a medical fitness certificate which is in force and covers the type of sea service being performed by the holder. (2) Any approval given pursuant to this Regulation shall- (a) be in writing; and (b) specify- (i) the date on which it takes effect; and (ii) the conditions, if any, to which it is subject. (Enacted 1995) Cap 478O s 3 Application (1) Subject to subsections (2) and (3)- (a) this Regulation, except section 14, shall apply to all seagoing Hong Kong ships; and (b) sections 2 and 14 shall apply to all seagoing ships of 200 GRT and over- (i) which are not Hong Kong ships; (ii) while they are within the waters of Hong Kong; and (iii) if they have entered those waters in the normal course of business or for operational reasons.(2) This Regulation shall not apply to fishing vessels. (3) 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 1995) Cap 478O s 4 Prohibition on employment (1) Subject to subsection (3), no person shall employ a seafarer on a ship unless that seafarer is the holder of a valid medical fitness certificate: Provided that- (a) any seafarer who has served at sea for a substantial period during the 2 years immediately preceding the date on which this Regulation comes into operation may continue his seagoing employment without such a certificate for a period of 2 years from that date; (b) any seafarer who is the holder of a medical fitness certificate which expires while he is in a place where medical examination in accordance with this Regulation is impracticable, may continue to be employed without such a certificate for a period not exceeding 3 months from the date of expiry of such certificate.(2) Subject to subsection (3), no person shall employ a seafarer on a type of ship, in a capacity or in a geographical area precluded by any restriction in the medical fitness certificate of that seafarer. (3) Subsections (1) and (2) shall not apply to the employment of- (a) a pilot, unless he is a member of the ship's crew; (b) a person employed on a ship solely in connection with- (i) the construction, alteration, repair or testing of the ship, its machinery or equipment; (ii) the exploration of the sea-bed or sub-soil or the exploitation of their natural resources; (iii) the storage of gas in or under the sea-bed or the recovery of gas so stored; (iv) the laying, inspection, testing, repair, alteration, renewal or removal of any submarine telegraph cable; (v) pipeline works, including assembling, inspecting, testing, maintaining, adjusting, repairing, altering, renewing, changing the position of, or dismantling a pipeline or length of pipeline; or (vi) the provision of goods, personal services or entertainment on board, |
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