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(Cap 478 section 74(2)) [2 September 1996] (L.N. 6 of 1996) Cap 478Y s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1996) Cap 478Y s 2 Interpretation In these Rules, unless the context otherwise requires- "approved" (认可) means approved by the Authority; "conversion course" (转职课程) means a course which provides training in the duties of a deck rating for seafarers who have served as an engine room rating; "Examination Centre" (考试中心) means the Examination Centre of the Marine Department; "examiner" (主考人员) means a person appointed to be an examiner under section 74(1) of the Ordinance; "GRT" (总注册吨位), in relation to a ship, means the gross register tonnage of the ship and, in relation to a ship having alternative gross register tonnages, means the lower of those tonnages; "qualifying sea service" (符合资格所需的海上服务) means the sea service specified in section 7 as modified by section 8; "repealed Rules" (已废除的规则) means the Merchant Shipping (Certificates of Competency as A.B.) Rules (Cap 281 sub. leg.) repealed by the Ordinance, and includes the Merchant Shipping (Lifeboatmen and A.B. Certificates of Competency Examinations) Rules (Cap 281 sub. leg.) revoked by rule 14 of those first-mentioned Rules; "responsible authority" (负责当局), in relation to a training school or course, means the person in charge of that school or course; "satisfactorily" (圆满地) means to the satisfaction of the responsible authority or the Authority; "seagoing" (海域航行), in relation to a ship, means a ship other than one which is navigated exclusively within inland waters or in areas where port regulations apply; "steering requirement" (操舵规定) means the requirement of section 3(e) as to steering experience; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated in accordance with the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.). (Enacted 1996) Cap 478Y s 3 Conditions for the grant of a certificate of competency as A.B. PART II QUALIFICATION, ELIGIBILITY AND APPLICATION FOR EXAMINATION A certificate of competency as A.B. shall not be granted to any seafarer unless he- (a) has attained the age of 18 years; (b) has completed the qualifying sea service; (c) has passed an examination based on the syllabus specified in Schedule 1; (d) is the holder of a certificate of proficiency in survival craft issued under the Merchant Shipping (Seafarers) (Certificates of Proficiency in Survival Craft) Rules (Cap 478 sub. leg.), a certificate of competency as lifeboatman issued under the repealed Rules or any other approved certificate of proficiency in survival craft; and (e) has, otherwise than for the purpose of receiving instruction therein, taken turns at the wheel in steering a seagoing ship, not being a fishing vessel, for a period totalling not less than 10 hours. (Enacted 1996) Cap 478Y s 4 Eligibility and application for examination (1) Subject to section 5, a person shall not be eligible to take an examination for a certificate of competency as A.B. unless he- (a) has attained the age of 18 years; and (b) either- (i) (A) has completed the qualifying sea service; and (B) has fulfilled the steering requirement; or(ii) (A) has served at sea as an engine room rating for not less than 18 months; (B) has satisfactorily completed an approved conversion course; and (C) is the holder of a valid medical fitness certificate within the meaning of the Merchant Shipping (Seafarers) (Medical Examination) Regulation (Cap 478 sub. leg.).(2) Application to take the examination shall be made to the Examination Centre. (3) Every application shall be made on a form obtainable from the Examination Centre and shall be accompanied by- (a) a certificate or certificates and such other evidence as may be necessary to establish to the satisfaction of the examiner that the applicant has complied with the requirements of subsection (1)(b); and (b) the prescribed fee.(4) Every application when completed shall be lodged with the examiner, who shall, if satisfied that the applicant is eligible to take the examination, ensure that the applicant is notified of the arrangements made for the examination, or, if not so satisfied, inform the applicant in writing that his application is refused, stating the reasons for the refusal. (5) On the completion of the examination, the examiner shall inform the applicant of the result, record the result on the form of application and submit the form to the Authority. If the applicant has passed the examination, the examiner shall issue to the applicant a certificate to that effect. (6) A seafarer who has complied with the requirements of section 3(a), (b) and (d) and has fulfilled the steering requirement may when applying to take an examination under subsection (3) also apply for the grant of a certificate of competency as A.B. in which case the application shall be accompanied by 2 suitable identical passport-size photographs of the applicant and the prescribed fee. (Enacted 1996) Cap 478Y s 5 Examinations at training schools An examination for a certificate of competency as A.B. may, in the case of a person undergoing a course of pre-sea training at a nautical training school specified in Schedule 2, be taken by that person at that school in stages during the course in accordance with approved arrangements made by the responsible authority. (Enacted 1996) Cap 478Y s 6 Application for certificate of competency as A.B. (1) A seafarer who has complied with the requirements of section 3 and who has not applied for the grant of a certificate of competency as A.B. under section 4(6), may apply to the Authority for the grant of a certificate of competency as A.B. (2) Every application under this section shall be made on a form obtainable at the Examination Centre and shall be accompanied by- (a) 2 suitable identical passport-size photographs of the applicant; (b) a certificate or certificates and such other evidence as may be necessary to establish to the satisfaction of the Authority that the applicant has complied with the requirements of section 3; and (c) the prescribed fee.(3) Upon receipt of an application under this section or section 4(6), the Authority shall, if satisfied that the applicant is entitled to the grant of a certificate of competency as A.B., cause such a certificate to be issued to the applicant in the form prescribed in Schedule 3 or, if not so satisfied, inform the applicant in writing that his application is refused, stating the reasons for the refusal. (Enacted 1996) Cap 478Y s 7 Qualifying sea service (1) For the purposes of section 3(b) or 4(1)(b)(i)(A), qualifying sea service shall consist of either- (a) service as a general purpose rating in a seagoing ship having a general purpose or integrated crew (referred to in these Rules as "service as a general purpose rating"); (b) service as a deck rating in a seagoing ship other than a ship having a general purpose or integrated crew (referred to in these Rules as "service as a deck rating"); or (c) service partly as the one and partly as the other of the above mentioned ratings (referred to in these Rules as "mixed service").(2) Subject to section 8, the period of qualifying sea service shall be- (a) for the purposes of section 4(1)(b)(i)(A)- (i) in the case of service as a general purpose rating, 18 months; (ii) in the case of service as a deck rating, 12 months; (iii) in the case of mixed service, a period of between 12 and 18 months such that the component periods of service as a general purpose rating and as a deck rating respectively, expressed as percentages of the periods prescribed in relation thereto in subparagraphs (i) and (ii) , total 100%;(b) for the purpose of section 3(b), the period specified in relation to each type of service in paragraph (a), plus a further period of 2 years.(3) In calculating a period of qualifying sea service for the purpose of subsection (2)- (a) every day by which a period of service in a ship exceeds the number of months in that period, and every day of such service in a period of service of less than 1 month, shall be treated as 1/30th of a month of service; (b) each period of service in a ship shall be calculated separately; and (c) the length of every period of service in a ship shall be calculated from the date of its commencement to the date of its termination.(4) Every period of qualifying sea service shall include a proportion of not less than 50% of service in ships of more than 200 GRT, other than fishing vessels. (Enacted 1996) Cap 478Y s 8 Reduction in qualifying service at sea In the case of a person who holds a certificate given by the responsible authority showing that he has passed or satisfactorily completed an approved course of pre-sea training at a nautical training school specified in Schedule 2, the total period of qualifying sea service which would otherwise be required under section 7(2) shall be reduced by the period shown in column 3 of that Schedule. (Enacted 1996) Cap 478Y s 9 Verification of qualifications, etc. by examiner PART III GENERAL (1) The examiner shall not permit a candidate to take an examination under these Rules unless he is satisfied that the candidate is eligible to take the examination and is the person in respect of whom the application for examination has been made. (2) If before the commencement, or during the course, of an examination the examiner becomes aware that a candidate has a physical or other disability which in his opinion would render the candidate incapable of performing the duties of an A.B., the examiner shall not permit the candidate to take or complete the examination. (3) Where the examiner pursuant to subsection (1) or (2) does not permit a candidate to take or complete the examination- (a) the examiner shall state his reasons on the form of application and submit the form to the Authority; and (b) the fee paid by or on behalf of the candidate shall be refunded to the person who paid the fee. (Enacted 1996) Cap 478Y s 10 Appeals from decisions of examiner Any candidate who is aggrieved by any decision of the examiner may appeal in writing to the Authority within 30 days of being notified of such a decision and the Authority may confirm, vary or reverse any such decision or substitute therefor such other decision as he thinks fit. (Enacted 1996) Cap 478Y s 11 Lost, etc., certificates (1) Subject to subsection (2), where a certificate of competency as A.B. issued to any seafarer has been lost, defaced or destroyed, the Authority may, upon payment of the prescribed fee, issue to the seafarer another certificate in like terms, and any such certificate so issued shall, for the purposes of these Rules, have the same effect as the certificate lost, defaced or destroyed, as the case may be. (2) The Authority- (a) shall not issue a certificate of competency as A.B. pursuant to subsection (1) to a seafarer unless the seafarer supplies the Authority with such information as the Authority requires to satisfy the Authority that the certificate which it will replace has in fact been lost, defaced or destroyed; and (b) may waive or reduce the prescribed fee referred to in subsection (1) where he is satisfied that the certificate concerned has been lost, defaced or destroyed without fault on the part of the seafarer to whom it was issued. (Enacted 1996) Cap 478Y s 12 Record of certificates A record of all certificates of competency as A.B. issued under these Rules and of the suspension, cancellation or alteration of, and any other matters affecting, such certificates, shall be kept by the Authority. (Enacted 1996) Cap 478Y s 13 Appeals Any person aggrieved by a decision of the Authority- (a) under section 6(3) to refuse his application for the grant of a certificate of competency as A.B.; or (b) under section 10 (whether to confirm, vary or reverse the decision concerned of the examiner or to substitute another decision therefor) where that person is the candidate concerned,may appeal against the decision to the Administrative Appeals Board. (Enacted 1996) Cap 478Y s 14 Saving A certificate issued under the repealed Rules and in force immediately before the commencement of these Rules shall be deemed to be a certificate issued under these Rules, and the provisions of these Rules shall apply accordingly. (Enacted 1996) Cap 478Y Sched 1 SYLLABUS FOR EXAMINATION FOR CERTIFICATE OF COMPETENCY AS A.B. [section 3] PART I Nautical Knowledge 1. The meaning of common nautical terms. 2. The names and function of various parts of a ship, for example, decks, compartments, ballast tanks, bilges, air pipes, strum boxes. 3. Knowledge of compass card 0 to 359. Ability to report the approximate bearing of an object in degrees or points on the bow. 4. Reading, streaming and handing a patent log. 5. Markings on a hand lead line, taking a cast of the hand lead and correctly reporting the sounding obtained. 6. Marking of the anchor cable. 7. Understanding helm orders. 8. The use of life-saving and fire-fighting appliances. Practical Work (To be tested as far as possible by practical demonstration) 9. Knots, hitches and bends in common use- Reef knot Bowline and bowline on the bight Timber hitch Sheet bend, double and single Clove hitch Sheepshank Rolling hitch Round turn and two half hitches Figure of eight Wall and crown Marlinspike hitch To whip a rope's end using plain or palm and needle whipping. To put a seizing on rope and wire. To put a stopper on a rope or wire hawser, and derrick lift. 10. Splicing plaited and multi-strand manila and synthetic-fibre rope, eye splice, short splice and back splice. Splicing wire rope, eye splice using a locking tuck. Care in use of rope and wire. 11. Slinging a stage, rigging a bosun's chair and pilot ladder. 12. Rigging a derrick. Operating a winch; general precautions to be taken before and during the operation of a winch whether used for working cargo or for warping. 13. The use and operation of a windlass in anchor work and in warping. Safe handling of moorings with particular reference to synthetic-fibre ropes and self-tensioning winches. Precautions to be taken in the stowage of chain cable and securing the anchors for sea. 14. A knowledge of the gear used in cargo work and an understanding of its uses. General maintenance with particular reference to wires, blocks and shackles. 15. The safe handling of hatch covers including mechanical hatch covers; battening down and securing hatches and tank lids. PART II English Language Comprehension Each candidate will be required to satisfy the examiner that he has sufficient knowledge of the English language to understand, or give, any necessary orders that may be given to or by him in the course of the performance of his duties on a ship. Cap 478Y Sched 2 NAUTICAL TRAINING SCHOOLS [sections 5 & 8] Place Name of school Period of reduction in qualifying sea service Hong Kong Hong Kong Sea School 3 months Hong Kong The Hong Kong Polytechnic University 6 months Hong Kong Seamen's Training Centre of the Vocational Training Council Nil Cap 478Y Sched 3 [section 6] FORM CERTIFICATE OF COMPETENCY AS A.B. HONG KONG Hong Kong Crest Certificate of competency as A.B. Certificate Number .......... Name in full Date of birth Employment Registration Book Number/Service Record Book Number/ Discharge Book Number* Photograph English Space for photograph Place of birth Chinese This is to certify that the above-named is duly qualified in accordance with the Merchant Shipping (Seafarers) (Certificates of Competency as A.B.) Rules. ................................................. Seafarers' Authority. ............................................... Signature of holder. ............................................... Examiner. [Office Date Stamp] *Delete as appropriate.