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[接上页] (a) a hoist block running on a fixed rail or wire; (b) a stacker or conveyer whereby a load is moved by means of a belt or platform; or (c) an earth or mineral moving or excavating appliance not fitted with a grab; (Added 70 of 1999 s. 7)"inspector" (督察) means a person appointed under section 38 to be an inspector; "lifting appliance" (起重装置) means a crane, winch, hoist, derrick boom, sheer legs, excavator, pile driver, pile extractor, fork lift truck or other self-propelled machine, and any other description of lifting appliance, derrick and mast bands, goose-necks, eyebolts, and all other permanent attachments to a derrick, mast or deck, used on a vessel for the purposes of hoisting or lowering in connection with works; (Amended 70 of 1999 s. 7) "lifting gear" (起重工具) includes a chain sling, rope sling, canvas sling, net, tray, board, box, bull rope, snotter, can hook or other means of supporting cargo and attachments thereto including a ring, link, hook, plate, clamp, shackle, swivel, eyebolt, bridle, beam, spreader, rope and wire, used on a vessel in connection with works; (Amended 70 of 1999 s. 7) "machinery, equipment or appliance" (机械、装备或装置), in the case of- (a) repairs to a vessel, means any machinery, equipment or appliance provided or used for that purpose; (b) the breaking up of a vessel, means any machinery, equipment or appliance provided or used for that purpose; (Amended 70 of 1999 s. 7) (c) cargo handling, means any lifting appliance or lifting gear provided or used for that purpose; and (Amended 70 of 1999 s. 7) (d) marine construction, means any machinery, equipment or appliance provided or used for that purpose; (Added 70 of 1999 s. 7)"marine construction" (海上建造工程) means any construction or reclamation works, including dredging, drilling, pipe laying, buoy laying, cable laying and caisson construction, in which vessels are used; (Added 70 of 1999 s. 7) "person in charge of works" (工程负责人) means- (a) the owner or master of, or other person having control over, the vessel on, to or by means of which any works are to be, or are being, carried out; (Amended 70 of 1999 s. 7) (b) a principal contractor or sub-contractor, if any, who contracts to carry out, or who carries out, any works; or (Amended 70 of 1999 s. 7) (c) any other person having for the time being in command or charge of any works being carried out on, to or by means of a vessel; (Added 70 of 1999 s. 7)"principal contractor" (总承判商) means a person who enters into a contract directly with the owner or master of, or other person having control over, the vessel to carry out any works; "repairs" (修理), in relation to- (a) any vessel, means any repairs, alterations or maintenance works on or to the vessel carried out by any person other than a member of the crew or master of the vessel or that involve or are likely to involve the safety of any person other than a member of the crew or the master; and (b) any vessel carrying dangerous goods, means any repairs, alterations or maintenance works on or to the vessel capable of providing an ignition source, including those that involve welding, burning or the use of blow lamps, braziers or other devices using combustible materials;"sub-contractor" (次承判商) means- (a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the works which the principal contractor has contracted to perform; and (b) any other person who enters into a contract, express or implied, to perform all or any part of the works which a sub-contractor within the meaning of paragraph (a) has contracted to perform;"works" (工程) means- (a) repairs to any vessel; (b) the breaking up of a vessel; (Amended 70 of 1999 s. 7) (c) cargo handling on a vessel; or (Amended 70 of 1999 s. 7) (d) marine construction. (Added 70 of 1999 s. 7) Cap 313 s 37 Application (1) This Part shall not apply to repairs to, or the breaking up of, a vessel which is-(Amended 70 of 1999 s. 8) (a) (Repealed 70 of 1999 s. 8); (b) in a dock other than a floating dock; or (c) on a slip or mechanical lift.(2) (Repealed 70 of 1999 s. 8) Cap 313 s 38 Appointment of inspectors The Director shall appoint such persons as he thinks fit to be inspectors for the purposes of this Part. Cap 313 s 39 Powers of Directors and inspectors (1) The Director and an inspector shall have power- (a) at any reasonable time (or, in a situation which in the opinion of the Director or an inspector is or may be dangerous, at any time) to board any vessel within the waters of Hong Kong which he has reason to believe it is necessary to board for the purposes of this Part, and for the purpose of boarding any such vessel which is floating alongside any premises at a seawall or pier, to enter such premises; (b) to take with him such persons as may be necessary to assist him in the exercise of his powers, or performance of his duties, under this Part; |