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(Cap 478, sections 72, 73, and 134) [20 February 1998] (L.N. 109 of 1998) Cap 478AD s 1 Interpretation In this Regulation, unless the context otherwise requires- "employer" (雇主) means the person for the time being employing the master; "passenger ship" (客船) means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power; "ro-ro passenger ship" (滚装客船) means a passenger ship provided with cargo or vehicle spaces in which cargo or vehicles can be loaded or unloaded in a horizontal direction; "seafarer" (海员) means any person who is, or is to be, employed in a ship in any capacity; "STCW Code" (《培训规则》) means the Seafarers' Training, Certification and Watchkeeping Code published by the International Maritime Organization as in force from time to time. (L.N. 104 of 2001) Cap 478AD s 2 Application (1) This Regulation shall apply to all ro-ro passenger ships- (a) which are Hong Kong ships, while engaged on international voyages; (b) which are not Hong Kong ships, while within the waters of Hong Kong. (L.N. 104 of 2001)(2) The Authority may grant exemptions from all or any of the provisions of this Regulation for classes of cases or individual cases on such conditions, if any, as he thinks fit and may, subject to giving reasonable notice, alter or cancel any such exemption. Cap 478AD s 3 Duty of employer and master (1) An employer and the master of a ship shall ensure that every seafarer, before being assigned to any duties on board, has- (a) satisfactorily completed the training required by section 4 in accordance with his capacity, duties and responsibilities; and (b) obtained from the person who provided the training documentary evidence on the seafarer's completion of the training.(2) An employer who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (3) The master who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 years. Cap 478AD s 4 Training (1) The following seafarers shall have completed training in crowd management as specified in section A-V/2, paragraph 1 of the STCW Code- (a) masters; (b) officers; and (c) ratings and other personnel designated on muster lists to assist passengers in emergency situations.(2) The following seafarers shall have completed the familiarization training as specified in section A-V/2, paragraph 2 of the STCW Code- (a) masters; and (b) officers and other personnel assigned specific duties and responsibilities on board.(3) All personnel who provide direct service to passengers in passenger spaces shall have completed the safety training as specified in section A-V/2, paragraph 3 of the STCW Code. (L.N. 104 of 2001) (4) The following seafarers shall have completed training in passenger safety, cargo safety and hull integrity as specified in section A-V/2, paragraph 4 of the STCW Code- (a) masters; (b) chief mates; (c) chief engineer officers; (d) second engineer officers; (e) every person assigned immediate responsibility for- (i) embarking and disembarking passengers; (ii) loading, discharging or securing cargo; or (iii) closing hull openings.(5) The following seafarers shall have completed training in crisis management and human behaviour as specified in section A-V/2, paragraph 5 of the STCW Code- (a) masters; (b) chief mates; (c) chief engineer officers; (d) second engineer officers; (e) any person having responsibility for the safety of passengers in emergency situations.(6) Seafarers, except masters, required to be trained in accordance with subsections (1), (4) and (5) shall, at intervals not exceeding 5 years- (a) undertake refresher training approved by the Authority; or (b) provide evidence to the satisfaction of the Authority that they have achieved the required standard of competence within the previous 5 years. (L.N. 104 of 2001)(6A) Masters required to be trained in accordance with subsections (1), (4) and (5) shall, at intervals not exceeding 5 years, undertake refresher training approved by the Authority. (L.N. 104 of 2001) (7) For the purposes of subsections (6) and (6A), repetition of the initial training may be regarded as satisfactory completion of the refresher training. (L.N. 104 of 2001)