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【法规名称】 
【法规编号】 79158  什么是编号?
【正  文】

CAP 413H MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION


  (Cap 369, sections 101 and 107)
  
  (Cap 413, section 3)
  
  [2 December 1994]
  
  (L.N. 642 of 1994)
  
  Cap 413H s 1 Interpretation
  
  PART I
  
  GENERAL
  
  (1) In this Regulation, unless the context otherwise requires-
  
  "BCH Code" (散化规则) means the 1993 edition of the IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
  
  "Bulk Cargoes Code" (《散货规则》) means the 1991 edition of the IMO Code of Safe Practice for Solid Bulk Cargoes;
  
  "correct technical name" (正确技术名称) means a description of the goods sufficient to identify their dangerous characteristics, including any proper name described in the IMDG Code;
  
  "dangerous goods" (危险货物) means-
  
  (a) goods classified in the IMDG Code or any other IMO publication as dangerous for carriage by sea; and
  
  (b) any other substance or goods the properties of which might be dangerous if such substance or goods were carried by sea,and includes empty receptacles, and residues in empty tanks or cargo holds, which have been used previously for the carriage of dangerous goods, except where such receptacles, empty tanks or cargo holds have been-
  
  (i) cleaned and dried;
  
  (ii) gas freed or ventilated as appropriate; or
  
  (iii) where the previous contents were radioactive substances, cleaned and adequately closed,but shall not include goods forming part of the equipment or stores of the ship in which goods or substances are carried;"dangerous goods declaration" (危险货物声明) means a certificate or declaration in writing, signed by the person making it that the shipment offered for carriage is properly classified, packaged, marked, labelled or placarded, as appropriate, in accordance with the IMDG Code and is in a proper condition for carriage by sea;
  
  "durably marked" (加上耐久标记) means that the label or other marking in accordance with this Regulation is such as to remain identifiable on packages surviving at least 3 months immersion in the sea, and "durable" (耐久) shall be construed accordingly;
  
  "employee" (雇员) means a person (including the master but excluding dock workers or shore based repairers and other workers temporarily employed on board the ship) employed-
  
  (a) in the navigational, engine, radio, medical or catering department of a ship; or
  
  (b) in the provision of goods, services or entertainment on board;"explosives" (爆炸品) are those articles and substances contained in Class 1 of the IMDG Code;
  
  "flammable liquid" (易燃液体) means a liquid the flash point of which is at or below 60 degrees Celsius (closed cup) in respect of bulk cargoes and at or below 61 degrees Celsius (closed cup) in respect of packaged goods;
  
  forwarder" (代运人) means the person by whom dangerous goods or marine pollutants are delivered to the ship or its agent;
  
  "handling" (处理) includes the operations of loading, unloading and transferring dangerous goods and cleaning, purging, gas freeing, ullaging, sounding, sampling and similar operations required for the carriage of such goods in a ship;
  
  "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong;
  
  "IBC Code" (《国际散化规则》) means the 1990 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
  
  "IGC Code" (《液气船规则》) means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
  
  "IMDG Code" (《海运危险货物规则》) means the 1992 consolidated edition of the International Maritime Dangerous Goods Code;
  
  "IMO" means the International Maritime Organization;
  
  "in bulk" (散装) means directly and without intermediate form of containment in a hold, tank or cargo space, which is a structural part of or permanently attached to a ship;
  
  "marine pollutant" (海洋污染物) means a substance which presents a hazard to the marine environment and is identified in the IMDG Code as a marine pollutant;
  
  "marine pollutant declaration" (海洋污染物声明) means a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is properly classified, packaged and marked in accordance with the IMDG Code and is in a proper condition for carriage to minimize the hazard to the marine environment;
  
  "Merchant Shipping Notice" (商船公告) means a notice issued by the Director and designated by an identifying number as a Merchant Shipping Notice; (64 of 1999 s. 3)
  
  "package" (包装物) means an individual package or receptacle described in the IMDG Code and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo unit containing dangerous goods or marine pollutants for shipment, and "packaged" (经包装) shall be construed accordingly;
  
  "packaged goods" (经包装货物) means packaged dangerous goods or packaged marine pollutants;
  
  "shipowner" (船东) includes-
  
  (a) where the ship is chartered by demise, the demise charterer;
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