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(Cap 369 sections 99(1)(o) and 107(2)) (14 July 1995) (L.N. 317 of 1995) Cap 369AU s 1 Interpretation PART I PRELIMINARIES AND GENERAL REQUIREMENTS In this Regulation- "existing ship" (现有船舶) means a ship the keel of which was laid or which was at a similar stage of construction before 25 May 1980; "hoist" (升降器) means a mechanical pilot hoist; "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "river trade limits" (内河航限) means- (a) the waters within the vicinity of Hong Kong within the following boundaries- (i) to the east, meridian 114o 30' east; (ii) to the south, parallel 22o 09' north; and (iii) to the west, meridian 113o 31' east; and(b) all inland waterways in the Guangdong Province and Guangxi Autonomous Region on the mainland of China to which access can be obtained by inland waterways from the area defined in paragraph (a). (Enacted 1995) Cap 369AU s 2 Application (1) Subject to subsection (2), this Regulation applies in relation to- (a) Hong Kong ships; and (b) other ships while they are within the waters of Hong Kong.(2) This Regulation shall not apply to- (a) a ship in respect of which there is in force- (i) a passenger certificate issued under section 14 of the Ordinance stating that the ship is fit to ply within river trade limits; and (ii) a general safety certificate issued in respect of short international voyage within river trade limits; or(b) a ship which is- (i) not a Hong Kong ship; and (ii) flying the flag of a State which is not a party to the International Convention for the Safety of Life at Sea 1974, by reason of its being within the waters of Hong Kong if it would not have been in such waters but for stress of weather or any other circumstances which could not have been prevented by the master, the owner or the charterer (if any). Cap 369AU s 3 (Repealed L.N. 157 of 2001) Cap 369AU s 4 Provision of embarkation and disembarkation facilities Expanded Cross Reference: 14, 15, 16, 17, 18, 19, 20, 21 (1) Passenger ships, cargo ships, tugs and tenders, sailing ships which proceed to sea and other ships which do not proceed to sea, when engaged on a voyage during the course of which a pilot is likely to be employed shall be provided by the owner of it with- (L.N. 157 of 2001) (i) (i) a pilot ladder having a length of not less than 1.5 metres; and (ii) where the distance from the water to the point of access to the ship is more than 9 metres- (A) an accommodation ladder sited on each side of the ship; (B) a single accommodation ladder which is capable of being transferred to either side of the ship; or (C) other equally safe and convenient means, for the purpose of providing access from the pilot ladder to, or egress from, the ship; or(ii) a hoist,to enable embarkation and disembarkation of persons on either side of the ship. (2) A pilot ladder provided pursuant to subsection (1)(i)(i) shall comply with the requirements of sections 6, 7, 8 and 11 and- (a) in the case of a pilot ladder fitted to the ship before 1 January 1994, the requirements of section 9; (b) in the case of a pilot ladder fitted to the ship on or after 1 January 1994, the requirements of section 10.(3) An accommodation ladder provided pursuant to subsection (1)(i)(ii) shall comply with the requirements of sections 12 and 13. (4) A hoist provided pursuant to subsection (1)(ii) shall comply with- (a) in the case of a hoist which is fitted to an existing ship and was manufactured before 20 November 1973, the requirements of sections 14 (except subsection (7)), 15(1) and (2), 16(1)(a) and (b) and (2), 17(2), 18(1), (2) and (3) and 19(2); (b) in the case of other hoists, the requirements of sections 14 to 21. <* Note - Exp. X-Ref.: Sections 14, 15, 16, 17, 18, 19, 20, 21 *>(5) The owner of a ship shall- (a) make available on each side of the ship suitable positions to enable the master of the ship to comply with the requirements of sections 6(2), 11, 12, 14(2) and (7), 18(5) and 20(3) and (4); and (b) provide the ship with- (i) 2 man-ropes of not less than 28 millimetres in diameter properly secured to the ship if required by the pilot; (ii) a lifebuoy equipped with self-igniting light; (iii) a heaving line; (iv) a safety line and harness for rescue purposes; and (v) where required by section 13, stanchions and bulwark ladders in accordance with that section. (Enacted 1995) Cap 369AU s 5 Duties of master The master of a ship shall ensure that- (a) all appliances provided pursuant to this Regulation shall efficiently fulfil their purpose of enabling personnel to embark and disembark safely; (b) the appliances are kept clean, properly maintained and stowed and regularly inspected to ensure that they are safe to use; (c) the appliances are used solely for the embarkation and disembarkation of personnel; (d) the rigging of the appliances provided pursuant to section 4(1) and the embarkation and disembarkation of personnel thereby is supervised by a responsible officer having means of communication with the navigating bridge who shall also arrange for the escort of a pilot by a safe route to and from the navigating bridge; |