【法规名称】
【法规编号】 58708 什么是编号？
【正 文】
第4页 CAP 478O MERCHANT SHIPPING (SEAFARERS) (MEDICAL EXAMINATION) REGULATION
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[接上页] (1) The Authority, or a person authorized by him for the purposes of this section, may inspect a ship and, if satisfied- (a) that any seafarer on board whose employer is required by this Regulation to ensure that he is the holder of a valid medical fitness certificate is unable to produce such a certificate; and (b) that the state of the seafarer's health is such that the ship could not sail without serious risk to the safety or health of others on board,may detain the ship. (2) The Authority and a person referred to in subsection (1) shall not in the exercise of his powers under this section unreasonably delay or detain a ship. (Enacted 1995) Cap 478O s 14 Inspection and detention of ships which are not Hong Kong ships (1) The Authority, or a person authorized by him for the purposes of this section, may inspect a ship and, if satisfied that any seafarer employed on board is unable to produce a valid medical fitness certificate, he may- (a) send a report to the government of the country in which the ship is registered, with a copy thereof to the Director General of the International Labour Office; (b) where, in his opinion, conditions on board are clearly hazardous to the safety or health of others on board, order the master to take such measures as are necessary to rectify those conditions and, if such measures are not taken in a reasonable time, detain the ship.(2) Where the Authority or a person referred to in subsection (1) exercises any of his powers under paragraph (a) or (b) of that subsection in respect of a ship, he shall notify that he has done so to the nearest maritime, consular or diplomatic representative of the country in which the ship is registered. (3) The Authority and a person referred to in subsection (1) shall not in the exercise of his powers under this section unreasonably delay or detain a ship. (Enacted 1995) Cap 478O s 15 Copies of Regulation to be kept on board The master of a ship shall keep on board a copy of this Regulation and make such copy temporarily available to any seafarer who so requests, and the employer shall ensure that the ship carries a copy of this Regulation. (Enacted 1995) Cap 478O s 16 Offences and penalties (1) An employer who contravenes section 4 commits an offence and is liable on conviction to a fine at level 4. (2) An employer or master who contravenes section 15 commits an offence and is liable on conviction to a fine at level 3. (3) In any proceedings for an offence under this Regulation it shall be a defence to show that all reasonable steps were taken to ensure compliance with the section concerned. (Enacted 1995) Cap 478O s 17 Amendment of Schedule 1 or 2 The Authority may, by notice in the Gazette, amend Schedule 1 or 2. (Enacted 1995) Cap 478O s 18 Authority to publish certain lists The Authority shall publish in the Gazette from time to time a list of approved medical practitioners and of persons appointed to constitute a medical review panel. (Enacted 1995) Cap 478O Sched 1 MEDICAL AND VISUAL STANDARDS FOR SERVING SEAFARERS [sections 6(1), 11(5) & 17] Introduction 1. Seafaring is a potentially hazardous occupation which calls for a high standard of health and fitness in those entering or re-entering the industry. A satisfactory standard of continuing good health is necessary for serving seafarers throughout their career. These medical and visual standards therefore give guidance on the health criteria to be met by a serving seafarer applying for a medical fitness certificate. 2. In setting the standards, allowance has been made for the inevitable impairment of health that time and chance bring, but firm recommendations have been made to exclude applicants suffering from medical conditions considered to be incompatible with continued seafaring. Such medical conditions include amongst others neoplasms, hypertension and other cardiac conditions where the uncertainty of prognosis makes the risks in continued seafaring unacceptable. 3. It is clearly impossible to encompass within the standards specific advice on every relevant medical condition. However, as a general rule an approved medical practitioner should be satisfied when examining an applicant for a medical fitness certificate that no disease or defect is present which could either be aggravated by working at sea or could represent an unacceptable health risk to the individual seafarer or to other crew members. 4. Apart from the purely medical aspects, the occupational background of seafaring should be considered especially in a case of doubt. It must be remembered that a ship is not only a place of work requiring attention throughout the day and night but also a temporary home in which the crew must eat, sleep and find recreation. While much can be done to ameliorate living and working conditions on board ship, certain inherent characteristics remain. A crew is a closed community living in a ship that is seldom quiet or still. Individual eating habits and tastes cannot easily be met; facilities for physical exercise are limited; forced ventilation systems are used; the tedium of routine can easily become oppressive in the absence of normal diversions enjoyed by those ashore. An inability to fit in, or unwillingness to take responsibility, or to accept a reasonable measure of necessary discipline, could impair the safe and efficient working of the ship. |
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