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[接上页] unless such person is engaged in the normal working of the ship or has safety responsibilities in the event of an emergency on board ship; or(c) a person employed only while the ship is in port and who is not ordinarily employed at sea. (Enacted 1995) Cap 478O s 5 Certificates equivalent to a medical fitness certificate (1) A medical fitness certificate issued to a seafarer in accordance with the provisions of the Medical Examinations (Seafarers) Convention 1946 (International Labour Convention 73 of 1946) or of the Merchant Shipping (Minimum Standards) Convention 1976 (International Labour Convention 147 of 1976)- (a) by an authority empowered in that behalf by the laws of a country outside Hong Kong which has ratified either of those Conventions; or (b) by an approved authority empowered in that behalf by the laws of a country outside Hong Kong,shall be treated for the purposes of this Regulation as equivalent to a medical fitness certificate issued under section 6. (2) A certificate treated under subsection (1) as equivalent to a medical fitness certificate issued under section 6 shall continue to be so treated until the expiration of the period of validity specified in such certificate: Provided that any such certificate issued to a seafarer serving on a Hong Kong ship shall not be so treated for any longer period than would be permitted under section 8 in the case of a medical fitness certificate issued under section 6 to that seafarer. (Enacted 1995) Cap 478O s 6 Issue of medical fitness certificate (1) Every applicant for a medical fitness certificate shall be medically examined by an approved medical practitioner and if the practitioner considers that the applicant is fit for sea service, having regard to the medical and visual standards for serving seafarers specified in Schedule 1, he shall issue the applicant with a medical fitness certificate in the form specified in Schedule 2 and completed as to both Part A and Part B. (2) A certificate issued under this section may be restricted to such type of ship, such capacity or such geographical area as the approved medical practitioner thinks fit. (Enacted 1995) Cap 478O s 7 Special provision in respect of colour vision (1) If after a medical examination under section 6 an approved medical practitioner considers that an applicant is fit for sea service except in respect of colour visual standards he shall issue the applicant with a medical fitness certificate in the form specified in Schedule 2, but completed only as to Part A. (2) An applicant issued with a medical fitness certificate under subsection (1) may apply to the Superintendent for his colour vision to be tested, whereupon the Superintendent shall cause a suitable test to be administered to the applicant and, if satisfied by the results of such test that the applicant is fit for seagoing employment in respect of colour visual standards for any particular type of seagoing employment, shall complete Part B of the medical fitness certificate accordingly. (3) A medical fitness certificate completed in respect of Part A only shall not constitute a valid medical fitness certificate for the purpose of this Regulation other than for a type of seagoing employment in which colour visual standards do not require to be tested. (4) Where Part B of a medical fitness certificate is completed by the Superintendent under this section, the information contained in that Part shall remain valid for 6 years from the date thereof. (Enacted 1995) Cap 478O s 8 Period of validity of certificate An approved medical practitioner who issues a medical fitness certificate under section 6 shall specify the period, commencing with the date of the medical examination, for which the certificate shall remain valid, subject to the following maximum periods- (a) in respect of a seafarer under 18 years of age, 1 year; (b) in respect of a seafarer 18 years of age and under 55 years of age, 2 years; (c) in respect of a seafarer 55 years of age and over, 1 year; (d) in respect of a seafarer serving or intending to serve on bulk chemical carriers, 1 year. (Enacted 1995) Cap 478O s 9 Suspension or cancellation of medical certificate (1) If an approved medical practitioner has reasonable grounds for believing that- (a) there has been a significant change in the medical fitness of a seafarer during the period of validity of his medical fitness certificate; (b) when the medical fitness certificate was issued an approved medical practitioner, had he been in possession of full details of the seafarer's condition, could not reasonably have considered that the seafarer was fit, having regard to the medical standards referred to in section 6; or (c) the medical fitness certificate was issued otherwise than in accordance with this Regulation,he shall notify the seafarer concerned and may- (i) suspend the validity of that certificate until the seafarer has undergone a further medical examination; (ii) suspend the certificate for such period as he considers the seafarer will remain unfit to go to sea; or |