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【法规名称】 
【法规编号】 58766  什么是编号?
【正  文】

第2页 CAP 369AX MERCHANT SHIPPING (SAFETY) (SAFETY MANAGEMENT) REGULATION

[接上页]

  "senior officer" (高级船员) means the chief officer, chief engineer or second engineer or any similar officer of a ship.
  
  Cap 369AX s 2 Application
  
  (1) This Regulation applies to the company of a ship to which this Regulation applies.
  
  (2) Subject to subsections (3) and (4), this Regulation applies to-
  
  (a) a passenger ship to which the Convention applies;
  
  (b) a high speed craft engaged on voyages between Hong Kong and a place outside the waters of Hong Kong, other than a passenger ship referred to in paragraph (a);
  
  (c) a ship to which the Convention applies, other than a passenger ship, which is of 500 gross tonnage or above.(3) Subject to subsections (2) and (4), this Regulation applies to-
  
  (a) ships registered in Hong Kong wherever they may be; and
  
  (b) other ships while they are within the waters of Hong Kong.(4) This Regulation does not apply to a ship operated by a government for non-commercial purposes.
  
  (5) Subject to subsections (2), (3) and (4), this Regulation applies to-
  
  (a) (i) passenger ships;
  
  (ii) oil tankers;
  
  (iii) gas carriers;
  
  (iv) chemical tankers;
  
  (v) bulk carriers;
  
  (vi) high speed craft which are cargo ships,
  
  with effect from 1 July 1998; and(b) (i) cargo ships other than ships referred to in paragraph (a); and
  
  (ii) mobile offshore drilling units,
  
  with effect from 1 July 2002.
  
  Cap 369AX s 3 Document of Compliance
  
  (1) The company of a ship shall hold a Document of Compliance or an Interim Document of Compliance which relates to the type of ship to which the ship belongs.
  
  (2) A Document of Compliance may on the application of a company be issued by the Issuing Authority.
  
  (3) A Document of Compliance shall not be issued under this section unless the company applying for it has shown to the satisfaction of the Issuing Authority that the company complies with the requirements of the Code.
  
  (4) A Document of Compliance issued under this section shall specify the type of ship to which the Document of Compliance relates.
  
  (5) Subject to sections 5(4) and 11(1), a Document of Compliance issued under this section shall remain valid for 5 years from its date of issue or for such shorter period as may be specified in the Document of Compliance by the Issuing Authority.
  
  Cap 369AX s 4 Satety Management Certificate
  
  (1) The company and the master of a ship shall ensure that there is in existence a Safety Management Certificate or an Interim Safety Management Certificate issued in respect of the ship.
  
  (2) No ship shall embark on a voyage outside the waters of Hong Kong unless there is in existence a Safety Management Certificate or an Interim Safety Management Certificate issued in respect of the ship.
  
  (3) A Safety Management Certificate may on the application of a company be issued by the Issuing Authority.
  
  (4) A Safety Management Certificate shall not be issued in respect of a ship under this section unless the company applying for it-
  
  (a) has a Document of Compliance which relates to the type of ship to which the ship belongs; and
  
  (b) has shown to the satisfaction of the Issuing Authority that the ship is in all respects in compliance with the requirements of the Code.(5) Subject to subsection (6) and sections 6(3) and 12(1), a Safety Management Certificate issued under this section shall remain valid for 5 years from its date of issue or for such shorter period as may be specified in the Safety Management Certificate by the Issuing Authority.
  
  (6) A Safety Management Certificate issued in respect of a ship under this section shall cease to be valid as soon as the company of the ship ceases to hold a Document of Compliance which relates to the type of ship to which the ship belongs.
  
  Cap 369AX s 5 Assessment on safety management system
  
  (1) A company to which a Document of Compliance has been issued under section 3 shall have the safety management system of the company assessed annually by the Issuing Authority for the purpose of verifying that the company complies with the requirements of the Code.
  
  (2) An assessment under subsection (1) shall be conducted within the period commencing 3 months before and ending 3 months after each anniversary date of the issue or the renewal of the Document of Compliance.
  
  (3) The Issuing Authority shall endorse the result of an assessment under subsection (1) on the Document of Compliance.
  
  (4) A Document of Compliance issued under section 3 shall cease to be valid if it is not endorsed in accordance with subsection (3).
  
  Cap 369AX s 6 Assessment on ships
  
  (1) The company and the master of a ship in respect of which a Safety Management Certificate has been issued under section 4 shall have the ship assessed by the Issuing Authority at least once between the second and third anniversary date of the issue or the renewal of the Safety Management Certificate for the purpose of verifying that the ship is in all respects in compliance with the requirements of the Code.
  
  (2) The Issuing Authority shall endorse the result of an assessment under subsection (1) on the Safety Management Certificate.
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