【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第7页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) Without prejudice to the generality of other powers to make regulations conferred by this Ordinance, and without prejudice to the application of regulations made under such other powers except so far as they are inconsistent with regulations made under this section, the Chief Executive in Council may by regulation control, prescribe or provide for- (Amended 64 of 1999 s. 3) (a) the registry and conditions of sale and mortgage of trawlers, and the keeping of a trawler register and issuance of identification letters and numbers to such vessel; (b) the forms, period and conditions of agreement of crew, of reports of crew and of statements of change of crew, of wage accounts and certificates of discharge of crew, of records and reports of death, injuries, ill-treatment or punishment of crew and of every casualty to a trawler; (c) maintenance of discipline on board trawlers and also for the prevention of disorder and confusion; (d) the maintaining of a register of trawling masters and trawling engineers; (Replaced 73 of 1974 s. 4) (e) duties and obligations of the owners, agents, masters, masters for the time being, engineers and crew of trawlers and the institution of inquiries into disputes between the above persons, and of inquiries into deaths, injuries, ill-treatment or punishment of crew; (f) adequate means for preventing, by force if necessary, any trawlers from leaving, or attempting to leave the waters of Hong Kong or any port thereof in contravention of this Ordinance or of any regulations made thereunder; (Amended 61 of 1989 s. 13) (g) examination, approval of suitability and annual or periodic surveys of trawlers, including hulls, machinery and equipment, for the purpose of certifying in such form as may be prescribed that such vessels are fit for their intended service; (h) scale of manning suitable for the intended service of trawlers to ensure that trawlers are not over nor undermanned, and to ensure that trawlers are not carrying passengers, save that the Director may permit experts or observers to be signed on as members of the crew for specific purposes or duties; (i) regulation of entry of boys under 16 years of age into the sea-fishing service, and prescribing of forms of indenture and agreements with such boys and their enforcement; and (j) fees in respect of registration, permits, clearances, certificates, surveys and other documents or services relating to trawlers not otherwise provided for under this Ordinance.(2) The Director may exempt any trawler from the provisions of any regulation made hereunder if he is satisfied that compliance therewith is either impracticable or unreasonable. Cap 281 s 94A Certificates of competency for trawling masters, etc. (1) The Director shall cause examinations to be held in respect of persons who wish to obtain certificates of competency as trawling masters or trawling engineers, and shall appoint examiners for that purpose. Every such appointment shall be notified in the Gazette. (2) The Director of Marine may make rules prescribing or providing for- (a) the standards of competency to be attained and other conditions to be satisfied (subject to any exceptions allowed by or under the rules) by candidates for any examination conducted under subsection (1); (b) the procedure for and the method of conducting any such examination; (c) the subjects to be taken at any such examination for the manner in which those subjects are to be specified; (d) fees and forms in relation to any such examination; and (e) the method of granting certificates of competency and copies of such certificates.(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of the appropriate charge, provide a copy of the rules to any person who applies to him in that behalf. (Added 73 of 1974 s. 5) Cap 281 s 95 Application of other provisions to trawlers Every trawling master, owner and agent shall comply with- (a) section 3(1)(a) as if the trawler were a ship trading within or from the waters of Hong Kong; (b) the Merchant Shipping (Seafarers) Ordinance (Cap 478) as to all matters relating to the employment and discharge of crew; and (c) the relevant regulations made under the Merchant Shipping (Seafarers) Ordinance (Cap 478) as to the provisions of medicines and medical stores on the appropriate scale as if the trawler were proceeding to a place outside Hong Kong. (Replaced 44 of 1995 s. 143) Cap 281 s 96 (Repealed-sections 96 to 107A) PARTS XIII and XIV (Repealed 76 of 1978 s. 81) Cap 281 s 107B Application, approval of insurers and interpretation Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 PART XIVA COMPULSORY THIRD PARTY RISKS INSURANCE (Amended 61 of 1989 s. 2) (1) This Part shall apply to launches, ferry vessels and pleasure vessels which are mechanically propelled. (2) Where the Director is satisfied that a protection and indemnity association established outside Hong Kong is a fit and proper body to be an authorized insurer for the purposes of this Part, he may approve such an association and shall, if he does so, notify his approval to the association and to the Insurance Authority. |
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