【法规名称】
【法规编号】 79158 什么是编号？
【正 文】
第6页 CAP 413H MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION
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[接上页] (2) Any shipowner or master of a ship who fails to comply with subsection (1) commits an offence. (3) It shall be a defence in proceedings for an offence under this section for the person charged to prove- (a) that he did not know that the goods could not be safely carried as required by subsection (1); (b) where the dangerous goods in question are goods listed in Chapter VI of the BCH Code, or in Chapter 17 of the IBC Code, or in Chapter 19 of the IGC Code, or are classified dangerous goods listed in Appendix B of the Bulk Cargoes Code, that they were loaded in accordance with the recommendations of whichever of those Codes was appropriate; or (c) where the dangerous goods in question consist of a liquid chemical or a liquefied gas which is not listed in the Codes mentioned in paragraph (b), that they were handled and carried in accordance with conditions of carriage approved by the Director. (Enacted 1994) Cap 413H s 20 Documentation (1) The shipper of any dangerous goods to be carried in bulk shall furnish the shipowner or master of a ship with a notification in writing which shall - (a) give notice of the nature of the goods and, in the case of liquid goods with a flashpoint at or below 60 oC (closed cup) shall specify the flashpoint of those liquids; and (b) specify the correct technical name of the goods, their UN number, if any, and, for dangerous goods carried in solid form in bulk, the class listed in section 8(2) to which the goods belong.(2) The master of a ship carrying in solid form in bulk any dangerous goods listed in Appendix B to the Bulk Cargoes Code shall cause a specific list, manifest or detailed stowage plan to be carried in the ship- (a) setting out details of the dangerous goods carried in the ship on the voyage on which it is at the time engaged, including the correct technical name of the goods, their classification in accordance with section 8(2) and their weight or quantity, which details shall be obtained from the shipping documents prepared by the shipper; (b) showing details of the location in the ship where the goods are stowed.(3) The master shall also carry in the ship any additional special documents where required by the Bulk Cargoes Code, the BCH or IBC Code or the IGC Code for the carriage of dangerous goods. (4) The master of a ship shall ensure that a list, manifest or stowage plan and additional special documents referred to in subsections (2) and (3) shall be kept available on board the ship carrying the dangerous goods for reference or inspection on board the ship until the goods have been discharged from the ship. (5) Any- (a) shipper who fails to furnish the shipowner or master with a notification as required in subsection (1) or furnishes a notification which he knows or ought to have known to be false; and (b) master of a ship who fails to comply with subsection (2), (3) or (4),commits an offence. (Enacted 1994) Cap 413H s 21 Penalties for offences under Parts II, III and IV PART V PENALTIES AND DEFENCES Any person who commits an offence under Part II, III or IV is liable- (a) on conviction upon indictment to a fine at level 3 and in the case of an individual, to imprisonment for 1 year; and (b) on summary conviction to a fine at level 3. (Enacted 1994) Cap 413H s 22 Defences (1) It shall be a defence in any proceedings for an offence under Part II, III or IV that the person charged took all reasonable steps to ensure compliance with this Regulation. (2) It shall be a defence in any proceedings for an offence under this Regulation- (a) that the person charged- (i) neither knew nor ought to have known; or (ii) had no reasonable grounds to suspect, that the goods were dangerous goods or marine pollutants as the case may be;(b) that the goods were handled and carried in accordance with the provisions of the IMDG Code where appropriate; (c) if the person charged is the shipowner or master, in the case of goods packed in a freight container or vehicle, that before the freight container or vehicle was taken on board the ship the person responsible for packing the goods into the freight container or vehicle had furnished the shipowner or master of the ship with a signed packing certificate certifying that the goods had been properly packed in the freight container or vehicle; (d) that the goods being solid dangerous goods in bulk were being handled and carried in accordance with the Bulk Cargoes Code; (e) that the goods being liquid chemical or gaseous dangerous goods in bulk were being handled and carried in accordance with the relevant requirements of the BCH Code, the IBC Code or the IGC Code; or (f) that the goods were being carried in accordance with Merchant Shipping Notices No. 1015, 1016 or 1017 where appropriate. (64 of 1999 s. 3) (Enacted 1994) Cap 413H s 23 Offences due to fault of another person Where the commission by any person of an offence under Part I, II, III or IV is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person. (Enacted 1994) Cap 413H s 24 Power to detain In any case where a ship does not comply with the requirements of this Regulation the ship shall be liable to be detained under the power conferred by section 117 of the Merchant Shipping (Safety) Ordinance (Cap 369) or section 3 of the Merchant Shipping (Prevention and Control of Pollution) Ordinance (Cap 413), as the case may be. (Enacted 1994) Cap 413H s 25 (Omitted as spent) (Enacted 1994) |
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