【法规名称】
【法规编号】 79158 什么是编号？
【正 文】
第2页 CAP 413H MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION
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[接上页] (b) where the ship is managed by a ship management company, the manager;"shipper" (付运人) means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants; "UN number" (联合国编号) means the number allocated to the dangerous substance or article by the United Nations Committee of Experts on the Transport of Dangerous Goods specified in the eighth revised edition of their publication "Recommendations on the Transport of Dangerous Goods" published in 1993 by the United Nations Organization. (2) Any reference in this Regulation to the BCH Code, the Bulk Cargoes Code, the IBC Code, the IGC Code, the IMDG Code or the United Nations 1993 publication entitled "Recommendations on the Transport of Dangerous Goods" shall include a reference to such document as amended from time to time. (3) Where this Regulation requires the carriage of dangerous goods or marine pollutants to be in accordance with a Code referred to in subsection (2), and where the Director has by notice published in the Gazette specified conditions in relation to such carriage, then (whether or not the Code contains conditions on such matters) the Code shall have effect for the purpose of this Regulation as if it contains the conditions so specified by the Director. "Carriage" (运输) in this subsection includes packing, documentation, packaging, marking, labelling, stowage, segregation and handling. (4) The Director may- (a) grant exemptions from all or any of the provisions of this Regulation in respect of classes of cases or individual cases as may be specified in the exemption; and (b) after giving reasonable notice, vary or revoke any such exemption. (Enacted 1994) Cap 413H s 2 Application Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) This Regulation applies to ships carrying dangerous goods in bulk or packaged form and marine pollutants in packaged form. (2) This Regulation applies to Hong Kong ships wherever they may be and to other ships while they are within Hong Kong or the waters of Hong Kong. (64 of 1999 s. 3) (Enacted 1994) Cap 413H s 3 General duties of shipowners, employers and masters (1) Every shipowner, employer of persons aboard a ship and every master of a ship, shall ensure, so far as is reasonably practicable, that when any dangerous goods are being carried, stowed, or handled on the ship or loaded onto or unloaded from the ship, nothing in the manner in which those goods are carried, stowed, handled, loaded or unloaded as the case may be, is such as might create a risk to the health or safety of any person. (2) Without prejudice to the generality of subsection (1), the matters to which the duty of the shipowner, the employer or the master extends, shall include in particular - (a) the provision and maintenance of ship's equipment for the handling, stowage and carriage of dangerous goods, which shall be, so far as is reasonably practicable, safe and without risk to health; (b) the provision of such information, instructions, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety aboard the ship of employees in connection with the handling, stowage and carriage of dangerous goods on the ship.(3) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 3. (4) It shall be a defence to a charge under this section in relation to the handling, loading or unloading of dangerous goods that such handling, loading or unloading as the case may be, was carried out in accordance with the Code of Practice for the Handling, Loading and Unloading of Dangerous Goods in Harbour Areas published at Annex 1 to Merchant Shipping Notice No. 1014. (64 of 1999 s. 3) (Enacted 1994) Cap 413H s 4 General duties of employees aboard ship Every employee on board a ship shall- (a) take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions in connection with the handling, stowage and carriage of dangerous goods in the ship; and (b) where any duty or requirement is imposed on the shipowner, the employer or the master by the Merchant Shipping (Safety) Ordinance (Cap 369) with regard to the safety or health of persons aboard a ship, co-operate with the shipowner, employer or master so far as is necessary to enable that duty or requirement to be performed or complied with in connection with the handling, stowage and carriage of dangerous goods in the ship. (Enacted 1994) Cap 413H s 5 Misconduct endangering the ship or person on board ship In connection with the handling, stowage and carriage of dangerous goods in the ship, no person shall intentionally or recklessly interfere with or misuse anything provided on, or disobey instructions displayed on, a ship in the interests of health, safety or welfare in pursuance of the Merchant Shipping (Safety) Ordinance (Cap 369). (Enacted 1994) |
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