(Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 4 of 1996) Cap 478W s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 478W s 2 Interpretation In this Regulation, unless the context otherwise requires- "Convention" (公约) means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; "employer" (雇主) means the person for the time being employing the master; "GRT" (总注册吨位), in relation to a ship, means its gross register tonnage and in relation to a ship having alternative gross register tonnages means the lower of those tonnages; "Navigational Watch Rating Certificate" (导航值班普通船员证书) means a certificate issued under section 5(1); "qualified deck officer" (符合资格的甲板高级船员) means an officer who is qualified for the purposes of section 4 of the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "qualified navigational watch rating" (符合资格的导航值班普通船员) means a rating who holds a valid qualifying document; "qualifying document" (资格文件) means either a Navigational Watch Rating Certificate or, in the case of a rating who is a national of a country which is a party to the Convention, a document issued to its nationals by the appropriate authority of such country under provisions equivalent to this Regulation for the purposes of the Convention; "rating" (普通船员) means a member of a ship's crew other than- (a) the master; (b) an officer; or (c) a seafarer not directly connected with the normal manning of the ship;"sea service" (海上服务) means service at sea on board a seagoing ship (whether or not a ship to which this Regulation applies); "seagoing" (海域航行), in relation to a ship, means a ship other than one which navigates exclusively within inland waters or in areas where port regulations apply; "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 478W s 3 Application (1) This Regulation shall apply to all seagoing ships of 200 GRT or more which are Hong Kong ships except any such ship which is a fishing vessel. (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. (Enacted 1996) Cap 478W s 4 Obligation on employer and master (1) It shall be the duty of every employer to ensure that any ship for which he employs the master carries such qualified navigational watch ratings as are necessary to enable the master to comply with the requirements of subsection (2). (2) The master of a ship shall not permit a member of the ship's crew who is not a qualified deck officer or a qualified navigational watch rating to form part of a navigational watch or to perform duties for which he is not qualified as part of that watch: Provided that nothing in this section shall prohibit the participation of additional members of the ship's crew in navigational watchkeeping duties as part of their training under the supervision of a qualified deck officer or qualified navigational watch rating. (Enacted 1996) Cap 478W s 5 Power to issue certificates (1) The Authority, if satisfied as to the matters set out in Schedule 1 in respect of a rating shall, upon application by the rating and payment of the prescribed fee, issue a Navigational Watch Rating Certificate in the form set out in Schedule 2: Provided that if the rating cannot satisfy the Authority that he has had adequate experience or training in the use of the gyro compass or in the changeover from automatic pilot to hand steering and vice versa, the certificate shall be expressed to that effect. If the rating subsequently satisfies the Authority that he has obtained such experience or training a substitute certificate expressed accordingly may be issued by the Authority, upon payment of the prescribed fee, and the original destroyed. (2) The master of a seagoing ship, whether or not a ship to which this Regulation applies, in which a rating has taken turns at the wheel in steering the ship, may issue him with a Steering Certificate in the form set out in Schedule 3. (3) Subject to subsection (4), where a Navigational Watch Rating Certificate issued to any seafarer has been lost, defaced or destroyed, the Authority may, upon payment of the prescribed fee, issue to the seafarer another such certificate in like terms, and any such certificate so issued shall, for the purposes of this Regulation, have the same effect as the certificate lost, defaced or destroyed, as the case may be. (4) The Authority- (a) shall not issue a Navigational Watch Rating Certificate pursuant to subsection (3) 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 (3) where he is satisfied that the certificate concerned has been lost, defaced or destroyed without fault on the part of the seafarer to whom the certificate was issued.(5) Any rating aggrieved by a decision of the Authority to refuse to issue him a Navigational Watch Rating Certificate under subsection (1) may appeal against the decision to the Administrative Appeals Board except where the only reason for the refusal is that the rating has not paid the prescribed fee referred to in that subsection. (6) The Authority may, by notice in the Gazette, amend- (a) Schedule 1 in relation to the qualifications for the issue of a Navigational Watch Rating Certificate; (b) Schedule 2 or 3. (Enacted 1996) Cap 478W s 5A Power to make determinations The Authority shall have power to make determinations in writing specifying the standards of competency to be attained and conditions to be satisfied by a person or class of persons to qualify for service as navigational watch ratings on tankers, ro-ro passenger ships or other ships specified by the Authority. (L.N. 103 of 1998) Cap 478W s 6 Offences by employers and masters (1) An employer who contravenes section 4(1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (2) The master of a ship who contravenes section 4(2) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 years. (Enacted 1996) Cap 478W s 7 False pretences and supply of false information (1) Any person who in connection with an application for or the issue of a Navigational Watch Rating Certificate, a substitute certificate under the proviso to section 5(1) or a replacement of a certificate under section 5(3)- (a) makes a false pretence; or (b) supplies false information,knowing it to be false or not believing it to be true, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (2) Where any person is convicted of an offence under subsection (1) or of the offence of fraud under section 16A of the Theft Ordinance (Cap 210) in relation to a document referred to in subsection (1), or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a document referred to in subsection (1), the Authority may cancel or suspend for any period any such document held by such person. (45 of 1999 s. 11) (Enacted 1996) Cap 478W s 8 Saving (1) A certificate issued under the repealed Regulations and in force immediately before the commencement of this Regulation shall be deemed to be a certificate issued under this Regulation, and the provisions of this Regulation shall apply accordingly. (2) For the purposes of this section, "repealed Regulations" (已废除的规例) means the Merchant Shipping (Navigational Watch Ratings) Regulations (Cap 281 sub. leg.) repealed by the Ordinance. (Enacted 1996) Cap 478W Sched 1 QUALIFICATIONS FOR ISSUE OF A NAVIGATIONAL WATCH RATING CERTIFICATE [section 5(1) & (6)] 1. To qualify for a Navigational Watch Rating Certificate a rating must- (a) have attained the age of 17 years; and (b) be a registered seafarer or have been granted a dispensation from such requirement in writing by the Authority. The grant of such dispensation may be made subject to such conditions as to the rating's existing qualifications as the Authority thinks fit. 2. The qualifications for a Navigational Watch Rating Certificate shall be that the rating- (a) has completed not less than 6 months' sea service in the deck department and received adequate training approved by the Authority to develop- (i) knowledge of basic principles of fire-fighting, first aid, personal survival techniques, avoidance of health hazards and personal safety; (ii) the ability to steer and comply with helm orders, and knowledge of magnetic and gyro compasses sufficient for the performance of such duties; (iii) the ability to keep a proper lookout by sight and hearing and to report the approximate bearing of a light or other object or of a sound signal, in degrees and points; (iv) familiarity with the changeover from automatic pilot to hand steering and vice versa; (v) knowledge of the internal communications and alarms systems of vessels; (vi) knowledge of pyrotechnic distress signals; (vii) knowledge of the emergency duties of navigational watch ratings; (viii) knowledge of nautical terms and their meanings appropriate to the duties of navigational watch ratings; (L.N. 103 of 1998) (ix) knowledge of basic environmental protection procedures; (L.N. 103 of 1998) (x) knowledge of satellite emergency position indicating radio beacons, and search and rescue radar transponders, the avoidance of false distress alerts, and action to be taken following accidental transmission of distress signals; (L.N. 103 of 1998) (xi) knowledge of procedures for relief, maintenance and handover of a watch and information required to maintain a safe watch; and (L.N. 103 of 1998)(b) satisfies the Authority that he has the ability to understand and carry out orders and to make himself understood in English in matters relevant to the duties of a navigational watch rating. 3. (a) If the rating successfully completes a course of training and examinations to qualify him as a seafarer at a school or college approved by the Authority, together with 2 months' sea service in the deck department associated particularly with navigational watchkeeping duties, the Authority may remit the remaining 4 months of the 6 months' sea service specified in section 2(a). (b) If the rating has attended a course of training as in paragraph (a) and has failed to pass the examinations to qualify him as a seafarer, but has completed 4 months' sea service in the deck department associated particularly with navigational watchkeeping duties, the Authority may remit the remaining 2 months of the 6 months' sea service specified in section 2(a). (c) If the rating is the holder of an Engine Room Watch Rating Certificate issued under section 5 of the Merchant Shipping (Seafarers) (Engine Room Watch Ratings) Regulation (Cap 478 sub. leg.)- (i) where the rating has completed 3 months' sea service entirely in the deck department, the Authority may remit the remaining 3 months of the 6 months' sea service specified in section 2(a); (ii) the 6 months' sea service specified in section 2(a) may be performed in a general purpose capacity being mixed service partly in the deck department and partly in the engine department; and (iii) the rating will be required to receive training only in respect of the matters specified in section 2(a)(ii), (iii), (iv), (v), (vi), (vii) and (viii). 4. An applicant for a Navigational Watch Rating Certificate must produce- (a) a valid medical fitness certificate issued under the Merchant Shipping (Seafarers) (Medical Examination) Regulation (Cap 478 sub. leg.) or other evidence to satisfy the Authority as to the state of the rating's health and eyesight; and (b) a Steering Certificate or series of certificates showing that the rating has taken turns at the wheel in steering a ship (other than under instruction) for not less than 10 hours in total. (Enacted 1996) Cap 478W Sched 2 [section 5(1) & (6)] MERCHANT SHIPPING (SEAFARERS)(NAVIGATIONAL WATCH RATINGS) REGULATION HONG KONG NAVIGATIONAL WATCH RATING CERTIFICATE Name in full English Chinese Date of birth Place of birth Space for photograph Employment Registration Book Number/Service Record Book Number/ Discharge Book Number* This is to certify that the above-named is duly qualified in accordance with the provisions of Schedule 1 to the Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation to perform the duties of a rating forming part of a navigational watch, *including experience or training in- (a) the use of gyro compasses; and (b) the changeover from automatic pilot to hand steering and vice versa. .................................................... for Seafarers' Authority. ................................................... Signature of the holder of the certificate. [Office Date Stamp] *Delete as appropriate. (Enacted 1996) Cap 478W Sched 3 [section 5(2) & (6)] MERCHANT SHIPPING (SEAFARERS) (NAVIGATIONAL WATCH RATINGS) REGULATION HONG KONG STEERING CERTIFICATE Surname ............................................... Other names ................................................. Employment Registration Book Number/Service Record Book Number/Discharge Book Number* ........................ Rating ........................................................................................... Usual signature of seafarer .................................................................................................... 1. This is to certify that the above-named seafarer served as .............................................. from ............................. to ................... in the ship ................................................................ ............................................................................................................................................. (Port of Registry ..................................................................................................................) (Gross Tonnage ...................................................................................................................) and during that time took turns at the wheel in steering the ship (apart from periods of instruction) for periods amounting in total to ................... hours (in words). 2. The above-named seafarer obtained experience in the use of the magnetic compass/gyro compass/automatic pilot* during his service in the above-named ship. *Delete as appropriate. ............................................... Signature of Master. ............................................... Date ......................................................... Master's name in block letters. ................................................ Ship's Stamp Note: Under section 4 of Schedule 1 to the Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation a rating must have taken turns at the wheel in steering the ship (other than under instruction) for not less than 10 hours in order to be qualified as a Navigational Watch Rating. (Enacted 1996)
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