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[接上页] (f) the most adverse operating conditions, if any, permitted by the Director; and (g) where strength calculations are required, the maximum permissible forces and moments on the ship's hull during loading, unloading and the voyage.(3) A master of a ship and the terminal representative of the terminal, wharf or other similar facility concerned shall- (a) before a bulk cargo is loaded or unloaded agree upon a plan in writing- (i) ensuring that the permissible forces and moments on the ship are not exceeded during loading or unloading; and (ii) which includes the sequence, quantity and rate of loading or unloading, taking into consideration the speed of loading or unloading, the number of pours and the ballasting or deballasting capability of the ship;(b) provide a copy of the plan (and any subsequent amendment thereto) to the port authority- (i) as soon as is reasonably practicable; or (ii) where the port authority has requested a copy, immediately upon the request being communicated; and(c) ensure that loading or unloading of the cargo is carried out- (i) in accordance with the plan; and (ii) in a manner that does not damage the ship's structure.(4) Where bulk cargo is being loaded or unloaded, a master of a ship shall- (a) ensure that the loading or unloading, as the case may be, is continuously monitored by one or more of the ship's personnel; (b) ensure that the ship's draught is checked regularly to confirm the tonnage figures supplied; (c) record in writing each draught and tonnage check carried out under paragraph (b); and (d) if he is of the opinion that any of the limits of the ship referred to in subsection (2) are exceeded or are likely to be exceeded if the loading or unloading continues- (i) immediately take corrective action (which may be or include the suspension of the loading or unloading operation); and (ii) if the corrective action results in the suspension of the loading or unloading operation, as soon as practicable furnish the port authority with particulars of the limits to which the corrective action relates and particulars of the corrective action taken.(5) Any person who contravenes subsection (1), (3) or (4) commits an offence. (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. (L.N. 85 of 1999) Cap 369AV s 9 Penalties Any person who commits an offence under any provision of this Regulation shall be liable to a fine of $20000 and imprisonment for 2 years. (Enacted 1995) |