【法规名称】
【法规编号】 58724 什么是编号？
【正 文】
CAP 478G MERCHANT SHIPPING (SEAFARERS) (SAFE MOVEMENT ON BOARD SHIP) REGULATION
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(Cap 478 sections 96 and 134) [2 September 1996] (L.N. 581 of 1995) Cap 478G s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478G s 2 Interpretation In this Regulation, unless the context otherwise requires- "BS 5378 Part I" (BS 5378 第I部) means Standard Number BS 5378 Part I 1980, issued by the British Standards Institution on 31 July 1980, as in force from time to time; "Code" (守则) means Chapter 9 of the United Kingdom Department of Transport publication entitled "Code of Safe Working Practices for Merchant Seamen", published in 1991 by Her Majesty's Stationery Office, as in force from time to time; "employer" (雇主) means the person for the time being employing the master; "master" (船长) excludes a watchman; "new ship" (新船舶) means a ship the keel of which was laid, or assembly of any components of the ship began, on or after 1 January 1989. (Enacted 1995) Cap 478G s 3 Application (1) Subject to subsection (2)- (a) this Regulation, except section 15, shall apply to a Hong Kong ship in which a seafarer is employed under a crew agreement; and (b) subsection (3) and sections 2 and 15 shall apply to a ship- (i) which is not a Hong Kong ship; (ii) while it is within the waters of Hong Kong; and (iii) if it has entered those waters in the normal course of business or for operational reasons.(2) This Regulation shall not apply to- (a) fishing vessels; (b) pleasure vessels; (c) ships authorized by virtue of a passenger certificate and general safety certificate issued under Part II of the Merchant Shipping (Safety) Ordinance (Cap 369) to carry passengers within river trade limits; or (d) ships on which there is for the time being no master or crew or watchman.(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 478G s 4 General (1) The employer and master shall ensure that safe means of access is provided and maintained to any place on the ship to which a person may be expected to go. (2) The employer and master in carrying out the obligations contained in this section shall take full account of the principles and the guidance in the Code. (Enacted 1995) Cap 478G s 5 Transit areas The employer and master shall ensure that all deck surfaces used for transit about the ship, and all passageways, walkways and stairs, are properly maintained and kept free from materials or substances liable to cause a person to slip or fall. (Enacted 1995) Cap 478G s 6 Lighting The employer and master shall ensure that those areas of the ship being used for the loading or unloading of cargo or for other work processes or for transit are adequately and appropriately illuminated. (Enacted 1995) Cap 478G s 7 Safety signs The employer and master shall ensure that any permanent safety signs used on board the ship for the purpose of giving health or safety information or instruction comply with BS 5378 Part I or with any equivalent standard. (Enacted 1995) Cap 478G s 8 Guardrails (1) Subject to subsection (2), the employer and master shall ensure that any opening, open hatchway or dangerous edge into, through, or over which a person may fall is fitted with secure guards or fencing of adequate design and construction, which shall be kept in a good state of repair. (2) The requirements of subsection (1) shall not apply- (a) where any opening affords a permanent means of transit about the ship, to the side of the opening used for access; or (b) where, and to the extent that, the person upon whom a duty is imposed is able to show that the work process being carried out or about to be carried out makes the provisions of such guards or fencing not reasonably practicable. (Enacted 1995) Cap 478G s 9 Ladders The employer and master shall ensure that all ship's ladders are of good construction and sound material, of adequate strength for the purpose for which they are used, free from patent defect and properly maintained. (Enacted 1995) Cap 478G s 10 Movement of vehicles The employer and master shall ensure that- (a) no ship's powered vehicle or powered mobile lifting appliance is driven in the course of a work process except by a competent person who is authorized to do so; (b) danger from use or movement of all such vehicles and mobile lifting appliances is so far as is reasonably practicable prevented; and (c) all ship's vehicles and mobile lifting appliances are properly maintained. (Enacted 1995) Cap 478G s 11 Access ladders to ship's holds The owner shall ensure that in a new ship, ladders providing access to the hold comply with the requirement specified in paragraph 6.4 of the Code. (Enacted 1995) Cap 478G s 12 Penalties (1) An employer who contravenes section 4, 5, 6, 7, 8(1), 9 or 10 commits an offence and is liable- (a) on conviction upon indictment, to a fine at level 5 and to imprisonment for 2 years; and |
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