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[接上页] (3) Unless the context otherwise requires, a term used in this Regulation, but which is not defined in subsection (1) (whether or not a particular meaning is assigned to it by the Convention or the LSA Code) has, for the purposes of this Regulation, the same meaning as in the Convention or the LSA Code, as the case may be. Cap 369AY s 3 Application (1) Save as otherwise provided in this section, this Regulation applies to all Hong Kong ships wherever they may be and non-Hong Kong ships while they are within Hong Kong waters. (2) This Regulation shall not apply to- (a) warships and naval auxiliary; (b) fishing vessels; (c) pleasure crafts; (d) vessels required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313); and (e) non-Hong Kong ships which are cargo ships of less than 500 tons, except to the extent that is necessary for giving effect to paragraphs 1 and 2 of Regulation 6 of 1996 Chapter III which are in force in Hong Kong by virtue of section 4 and apply to ships of 300 tons and upwards.(3) This Regulation shall not apply to a non-Hong Kong ship flying the flag of a state which is not a party to the Convention by reason of its being within Hong Kong waters if it would not have been there but for stress of weather or any other circumstances which could not have been prevented or forestalled by the master or the owner. Cap 369AY s 4 Application of Chapter III of the Convention (1) Every ship to which this Regulation applies shall be provided with, except where otherwise stated in this Regulation, the life-saving appliances and arrangements as described in Chapter III of the Convention. (2) Every ship to which this Regulation applies shall comply with the life-saving appliances and arrangements requirements as described in Chapter III of the Convention or, where such requirements are modified or varied in this Regulation, with such requirements so modified or varied. (3) Subsections (1) and (2) shall be complied with, in relation to a ship not propelled by mechanical means, only to the extent that the life-saving appliances and arrangements are required by section 6. (4) Any life-saving appliances or arrangements which have been approved in accordance with the requirements of the Convention by a government of a place outside Hong Kong which is a party to the Convention shall be deemed to be approved by the Director for the purposes of this Regulation. (5) For the purposes of this section- (a) for ships constructed on or after 1 July 1998, a reference to Chapter III of the Convention shall be construed as a reference to 1996 Chapter III; (b) for ships constructed before 1 July 1998, a reference to Chapter III of the Convention shall be construed as a reference to the appropriate text* of such Chapter which is in force on the date on which the ship was constructed.___________________________________________________________________ Note: * Before the adoption of the current text of 1996 Chapter III, the text of Chapter III of the Convention has been amended six times since its original text of 1974 Chapter III. The relevant amendments to the text adopted by the Organization are contained in the following documents- (i) Annex to Resolution MSC. 1(XLV) adopted by the Maritime Safety Committee of the Organization on 20 November 1981; (ii) Annex to Resolution MSC. 6(48) adopted by the Maritime Safety Committee of the Organization on 17 June 1983; (iii) Annex to Resolution MSC. 13(57) adopted by the Maritime Safety Committee of the Organization on 11 April 1989; (iv) Annex to Resolution MSC. 22(59) adopted by the Maritime Safety Committee of the Organization on 23 May 1991; (v) Annex to Resolution MSC. 27(61) adopted by the Maritime Safety Committee of the Organization on 11 December 1992; and (vi) Record of Decisions of the Plenary, third meeting of the Conference of Contracting Governments to the Convention held on 27 November 1995. Cap 369AY s 5 Compliance of LSA Code For every ship to which this Regulation applies which is constructed on or after 1 July 1998, the life-saving appliances and arrangements provided on board shall comply with the standards as described in the LSA Code unless otherwise provided in this Regulation. Cap 369AY s 6 Requirements of life-saving appliances and arrangements applicable to ships not propelled by mechanical means (1) Ships not propelled by mechanical means which proceed to sea shall carry- (a) one or more liferafts on each side of the ship of sufficient aggregate capacity to accommodate the total number of persons on board provided that- (i) if the liferafts cannot be readily transferred for launching on either side of the ship, the total capacity available on each side shall be sufficient to accommodate 150% of the total number of persons on board; (ii) if the rescue boat required by paragraph (b) is also a lifeboat complying with the requirements of the Convention, it may be included in the aggregate capacity referred to in this paragraph provided that the total capacity available on either side of the ship is at least 150% of the total number of persons on board; and |