【法规名称】
【法规编号】 58770 什么是编号？
【正 文】
第3页 CAP 369AV MERCHANT SHIPPING (SAFETY) (CARRIAGE OF CARGOES) REGULATION
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[接上页] (5) Any person who contravenes subsection (1) or (4) commits an offence. (6) Any person who furnishes any information referred to in subsection (1) which- (a) he knows to be false; or (b) he has no reasonable grounds to believe to be true,commits an offence. Cap 369AV s 4 Provision of oxygen analysis and gas detection equipment (1) Where a ship carrying on board any bulk cargo which may- (a) emit any toxic or inflammable gas; or (b) cause oxygen depletion in a cargo space,is not provided with an instrument for measuring the concentration of such gas or oxygen in the air which is in effective working condition, the master or owner of the ship commits an offence. (2) The master of a ship which is provided with an instrument in accordance with subsection (1) shall ensure that at any time when the ship carries on board any bulk cargo which may- (a) emit any toxic or inflammable gas; or (b) cause oxygen depletion in a cargo space,there are sufficient members of the crew who have been given on-board training in the use of the instrument. (3) A master who contravenes subsection (2) commits an offence. (Enacted 1995) Cap 369AV s 5 Safe use of pesticides in ships (1) Where any pesticide is used in a ship, the master or owner of the ship shall ensure that the pesticide is so used as to minimize the risk created by the use of such pesticide to the health of- (a) any person on board the ship; and (b) any person who may come in contact with any cargo carried in the ship.(2) Any person who contravenes subsection (1) commits an offence. (3) In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence. (4) In considering whether a person has taken all reasonable steps to avoid commission of an offence under subsection (2), his acting or failure to act in accordance with the Recommendation on the Safe Use of Pesticides in Ships published by the IMO as amended from time to time by a resolution of the Maritime Safety Committee of the IMO may be relied upon as tending to establish or negate any liability which is in question. (Enacted 1995) Cap 369AV s 6 Stowage and securing of cargoes (1) The master of a ship shall ensure that cargoes carried on a ship shall be so loaded, stowed and secured as to minimise the risk to the safety of the ship or the health or safety of any person on board the ship. (2) The shipper of any cargo carried in a cargo unit shall ensure that the cargo is so packed and secured within the containment as to minimize the risk to the safety of the ship or the health or safety of any person on board the ship. (3) The master or a member of the crew of a ship who is in charge of loading cargoes on the ship shall ensure that heavy cargoes or cargoes with abnormal physical dimensions are so loaded on and transported within the ship as to- (a) minimize the risk of damage to the structure of the ship; and (b) ensure that the ship will retain sufficient stability at all stages of the voyage in all probable sea conditions.(4) The master or a member of the crew of a ro-ro ship who is in charge of loading and discharging cargoes on the ship shall ensure that cargo units are so loaded on and transported within the ship and so secured, having regard to the strength of the securing points and lashings, as to minimize the risk to the safety of the ship and any person on board. (4A) The master of a ship shall ensure that cargo units, including vehicles and freight containers, are loaded, stowed and secured throughout the voyage in accordance with a Cargo Securing Manual. (L.N. 85 of 1999) (4B) In a ship with ro-ro cargo spaces, the master shall ensure that the securing of cargo units is completed, before the ship leaves its berth, in accordance with a Cargo Securing Manual. (L.N. 85 of 1999) (4C) The master of a ship carrying cargo, other than a ship carrying- (a) only solid bulk cargo; or (b) only liquid bulk cargo,shall ensure that a Cargo Securing Manual is carried on the ship. (L.N. 85 of 1999) (5) Any person who contravenes subsection (1), (2), (3), (4), (4A), (4B) or (4C) commits an offence. (L.N. 85 of 1999) (6) In any proceedings for an offence under this section, it shall be a defence for the person charged to show that he took all reasonable steps to avoid commission of the offence. Cap 369AV s 7 Freight containers not to be overloaded Any person who loads a freight container to be shipped from Hong Kong to more than the maximum gross weight indicated on the safety approval plate, as described in the Appendix to the 1992 Edition of the International Convention For Safe Containers, 1972, affixed to the freight container commits an offence. (Enacted 1995) Cap 369AV s 8 Provisions in respect of bulk cargo (1) The owner of a ship shall ensure that no bulk cargo is loaded on a ship unless the master of the ship is in possession of- (a) information relating to the stability of the ship appropriate to the ship in respect of all matters (where applicable) specified in Schedule 7 to the Merchant Shipping (Safety) (Load Line) Regulations (Cap 369 sub. leg.) which information shall be in the form required by that Schedule; and |
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