【法规名称】
【法规编号】 58724 什么是编号？
【正 文】
第2页 CAP 478G MERCHANT SHIPPING (SEAFARERS) (SAFE MOVEMENT ON BOARD SHIP) REGULATION
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[接上页] (b) on summary conviction, to a fine at level 4.(2) A master who contravenes section 4, 5, 6, 7, 8(1), 9 or 10 commits an offence and is liable on conviction to a fine at level 3. (3) An owner who contravenes section 11 commits an offence and is liable- (a) on conviction upon indictment, to a fine at level 5 and to imprisonment for 2 years; and (b) on summary conviction, to a fine at level 4.(4) It shall be a defence for a person charged in respect of a contravention of section 4(1) (so far as it relates to access by means of a transit area referred to in section 5) or 5 to show that the requirements of the relevant section were complied with so far as was reasonably practicable. (5) It shall be a defence for a person charged in respect of a contravention of any of the provisions of this Regulation, including a person charged by virtue of section 13, to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (Enacted 1995) Cap 478G s 13 Where offence due to act or default of another person Where an offence under any of the provisions of this Regulation is committed, or would have been committed except for the operation of section 12(5), by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person. (Enacted 1995) Cap 478G s 14 Inspection and detention of Hong Kong ships (1) The Authority, or a person authorized by him for the purposes of this section, may inspect a ship for the purpose of ascertaining whether it complies with the requirements of this Regulation which apply to the ship. (2) Where the Authority or a person referred to in subsection (1) has carried out an inspection of a ship pursuant to that subsection and is not satisfied that the ship complies with the requirements of this Regulation which apply to the ship, then the Authority or that person, as the case may be, may, if that ship is within the waters of Hong Kong, detain that ship until the Authority or that person, as the case may be, is satisfied that the ship complies with those requirements. (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 478G s 15 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 for the purpose of ascertaining whether it complies with the requirements of this Regulation which would apply to it if it were a Hong Kong ship. (2) Where the Authority or a person referred to in subsection (1) has carried out an inspection of a ship pursuant to that subsection and is not satisfied that the ship complies with the requirements of this Regulation which would apply to it if it were a Hong Kong ship, then- (a) the Authority or that person, as the case may be, may send a report to that effect to the government of the country in which the ship is registered, and a copy of the report to the Director General of the International Labour Office established by the International Labour Organization; and (b) where, in the opinion of the Authority or that person, as the case may be, the ship does not comply with those requirements to such an extent that conditions on board the ship are clearly hazardous to the safety or health of persons on board the ship, the Authority or that person, as the case may be, may detain the ship until measures are taken to rectify those conditions, for which purpose the Authority or that person, as the case may be, may take those measures.(3) Where the Authority or a person referred to in subsection (1) exercises any of his powers under subsection (2) 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. (4) 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) |
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