【法规名称】
【法规编号】 58776 什么是编号？
【正 文】
CAP 369AS MERCHANT SHIPPING (SAFETY) (MINIMUM SAFE MANNING CERTIFICATE) REGULATION
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(Cap 369 section 107) [4 June 1992] (L.N. 172 of 1992) Cap 369AS reg 1 Interpretation In this Regulation, unless the context otherwise requires- "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "Minimum Safe Manning Certificate" (最低安全人手编配证明书) means a certificate that includes the information in Schedule 1 and in the case of a Hong Kong ship is issued by the Director and in the case of any other ship, is issued by or on behalf of the Government of the State whose flag the ship is entitled to fly. (Enacted 1992) Cap 369AS reg 2 Application (1) Subject to section 3, this Regulation applies to- (a) all Hong Kong ships engaged on international voyages; and (b) other ships while they are within the waters of Hong Kong,but does not apply to cargo ships of less than 500 tons gross tonnage, fishing vessels, pleasure yachts not engaged in trade and ships not propelled by mechanical means. (2) This Regulation does not apply to a ship referred to in subsection (1)(b) that is within the waters of Hong Kong in circumstances which could not have been prevented by the owner or master. (Enacted 1992) Cap 369AS reg 3 Exemptions The Director may exempt a ship or class of ship from the application of this Regulation and may rescind an exemption and amend any conditions to an exemption. (Enacted 1992) Cap 369AS reg 4 Director may issue certificate (1) On application in respect of a ship and payment of the appropriate fee prescribed in Schedule 2, the Director may issue a Minimum Safe Manning Certificate. (2) In deciding whether to issue a Minimum Safe Manning Certificate, the Director shall have regard to the requirements of any regulations made under section 72(1)(a) and (c) of the Merchant Shipping (Seafarers) Ordinance (Cap 478) and the International Maritime Organization Resolution A.481(XII). (44 of 1995 s. 143) (3) The Director or a person authorized by him may inspect the ship. (Enacted 1992) Cap 369AS reg 5 Provision of Minimum Safe Manning Certificate (1) The owner of a ship to which this Regulation applies shall ensure that a Minimum Safe Manning Certificate is in force in respect of the ship and that a copy of it is kept on board the ship at all times. (2) The master of a ship to which this Regulation applies shall ensure that the ship does not proceed on an international voyage unless there is on board a Minimum Safe Manning Certificate (or copy of it) issued in respect of the ship. (3) A ship owner or master who fails to comply with this section commits an offence and is liable to a fine of $20000 and to imprisonment for 2 years. (Enacted 1992) Cap 369AS reg 6 Amendment of Schedules The Director may amend the Schedules by notice published in the Gazette. (Enacted 1992) Cap 369AS Sched 1 CONTENTS OF MINIMUM SAFE MANNING CERTIFICATE [section 1] The following information shall be included in the Minimum Safe Manning Certificate. If the language used on the certificate is not English the information given shall include a translation into English- (a) a clear statement of the ship's name, its port of registry and its distinctive number or letters; (b) a table showing the numbers and grades of the personnel required to be carried, together with any special conditions or other remarks; (c) a formal statement by the authority issuing it that, having regard to the principles and guidelines set out in International Maritime Organisation Resolution A.481(XII), the ship named in the certificate is considered to be safely manned if, whenever it proceeds on an international voyage, it carries not less than the numbers and grades of personnel shown in the certificate, subject to any special conditions stated in it; (d) a statement as to any limitations on the validity of the certificate by reference to particulars of the individual ship and the nature of service upon which it is engaged; (e) the date of issue and any expiry date of the certificate together with a signature and seal of the authority issuing it. (Enacted 1992) Cap 369AS Sched 2 FEES [section 4] Fee $ 1. Fees for the issue of a Minimum Safe Manning Certificate- (a) no inspection of the ship is required (b) inspection of the ship is carried out Nil 3500 2. Inspection of the ship by a Government surveyor who has to travel outside Hong Kong solely for the purpose of the inspection $18755 plus travelling and subsistence expenses reasonably incurred. (Enacted 1992. L.N. 344 of 1993; L.N. 349 of 1994; L.N. 279 of 1995; L.N. 90 of 1999 and 44 of 1999 s. 40) |
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