【法规名称】
【法规编号】 79158 什么是编号？
【正 文】
第3页 CAP 413H MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION
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[接上页] Cap 413H s 6 Offences and penalties under sections 4 and 5 Any- (a) employee aboard a ship carrying dangerous goods who fails to comply with section 4 commits an offence and is liable to a fine at level 1; and (b) person in a ship carrying dangerous goods who fails to comply with section 5 commits an offence and is liable to a fine at level 1. (Enacted 1994) Cap 413H s 7 Onus of proving what is reasonably practicable In any proceedings for an offence under this Part consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement. (Enacted 1994) Cap 413H s 8 Documentation PART II CARRIAGE OF PACKAGED GOODS (1) (a) No packaged goods shall be offered for carriage or taken on board any ship unless a dangerous goods declaration or a marine pollutants declaration as appropriate has been furnished to the shipowner or master. (b) Where goods are both dangerous and a marine pollutant, the dangerous goods declaration and the marine pollutant declaration may be a combined document.(2) A declaration referred to in subsection (1) shall indicate the correct technical name followed by the words "MARINE POLLUTANT" where appropriate, the UN number (whenever such a number exists) and in the case of dangerous goods shall indicate to which of the following classes the goods belong- Class 1- Explosive. Class 2- Gases compressed, liquefied or dissolved under pressure, subdivided into three categories; 2.1- Flammable gases; 2.2- Non-flammable gases, being compressed, liquefied or dissolved, but neither flammable nor poisonous; 2.3- Poisonous gases. Class 3- Flammable liquids, subdivided into three categories; 3.1- Low flashpoint group of liquids having a flashpoint below-18oC, closed cup test; 3.2- Intermediate flashpoint group of liquids having a flashpoint of-18oC up to, but not including, 23oC, closed cup test; 3.3- High flashpoint group of liquids having a flashpoint of 23oC up to and including 61oC, closed cup test. Class 4.1- Flammable solids. Class 4.2- Substances liable to spontaneous combustion. Class 4.3- Substances which in contact with water emit flammable gases. Class 5.1- Oxidizing substances (agents). Class 5.2- Organic peroxides. Class 6.1- Poisonous (toxic) substances. Class 6.2- Infectious substances. Class 7- Radioactive substances. Class 8- Corrosives. Class 9- Miscellaneous dangerous substances and articles which present a danger not covered by other classes.(3) Such declaration shall include the following information where appropriate- (a) the number and type of packages; (b) the total quantity of packaged goods covered by the declaration (gross weight or volume); (c) other information required by the IMDG Code.(4) The declaration shall include a statement that the goods are packaged in accordance with this Regulation. (5) It shall be the duty of the shipper to furnish the shipowner or master with the declaration required by this section, unless he does not deliver the goods to the ship or its agent. In such case it shall be the duty of the shipper to furnish the forwarder with such declaration. (6) In the case that the shipper does not deliver the goods to the ship or its agent it shall be the duty of the forwarder to furnish the shipowner or master with the declaration. (7) A shipper or a forwarder who fails to furnish a declaration as required by this section, or furnishes a declaration which he knew or ought to have known to be false, commits an offence. (8) A shipowner or master who accepts for carriage, or takes or receives on board, any packaged goods for which a declaration which is required by this section has not been furnished commits an offence. (Enacted 1994) Cap 413H s 9 Packing certificates (1) Where packaged goods have been packed into a freight container or into or onto a vehicle, the person responsible for packing such goods therein shall furnish the shipowner or master of the ship with a signed packing certificate in accordance with the requirements of the IMDG Code. Such a certificate may be combined with the document referred to in section 8(5). (2) A person responsible for packing such goods who fails to furnish the owner or the master of the ship with a signed packing certificate commits an offence. (3) A shipowner or his agent or the master shall not take on board a ship any freight container or vehicle with such goods in it without a signed packing certificate unless he has satisfied himself otherwise that the freight container or vehicle has been packed in accordance with the IMDG Code. (4) A shipowner or his agent or a master who fails to comply with subsection (3) commits an offence. (Enacted 1994) Cap 413H s 10 List, manifest or stowage plan (1) The master of a ship carrying packaged goods shall cause a special list, manifest or stowage plan to be carried in the ship- |
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