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(Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 3 of 1996) Cap 478V s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 478V 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 a master; "Engine Room Watch Rating Certificate" (机房值班普通船员证书) means a certificate issued under section 5; "qualified engine room watch rating" (符合资格的机房值班普通船员) means a rating who holds a valid qualifying document; "qualified engineer officer" (符合资格的轮机师) means an officer who is qualified for the purposes of section 6 of the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "qualifying document" (资格文件) means either an Engine Room 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 the 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;"registered power" (注册动力), in relation to a ship, means the brake or shaft power specified in the ship's certificate of registry, that is to say, the total continuous rated brake or shaft power of all the propulsion engines, irrespective of whether some of the power may be diverted from the propulsion shafts, whether or not all of the power is normally used; "sea service" (海上服务) means service at sea on board a seagoing ship, whether or not such ship is 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. (Enacted 1996) Cap 478V s 3 Application (1) This Regulation applies to all seagoing ships having registered power of 750 kilowatts 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 478V s 4 Obligation on employer, master and chief engineer officer (1) It shall be the duty of every employer to ensure that any ship for which he employs the master carries such qualified engine room watch ratings as are necessary to enable the master and chief engineer officer to comply with the requirements of subsection (2). (2) Neither the master nor the chief engineer officer of a ship shall permit a member of the ship's crew who is not a qualified engineer officer or a qualified engine room watch rating to form part of an engine room watch or to perform duties for which he is not qualified as part of that watch unless that member's duties while on watch are of an unskilled nature: Provided that nothing in this section shall prohibit the participation of additional members of the ship's crew in engine room watchkeeping duties as part of their training under the supervision of a qualified engineer officer or qualified engine room watch rating. (Enacted 1996) Cap 478V 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 an Engine Room Watch Rating Certificate in the form set out in Schedule 2: Provided that if a rating cannot satisfy the Authority that he has adequate knowledge of the safe operation of a ship's boilers and an ability to maintain correct water levels and steam pressures, the certificate shall be expressed to exclude a boiler watch. If the rating subsequently satisfies the Authority that he has such knowledge and ability a substitute certificate, expressed to include a boiler watch, may be issued by the Authority, upon payment of the prescribed fee, and the original destroyed. (2) Subject to subsection (3), where an Engine Room Watch Rating Certificate issued to any person has been lost, defaced or destroyed, the Authority may, upon payment of the prescribed fee, issue to the person another 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. (3) The Authority- (a) shall not issue an Engine Room Watch Rating Certificate pursuant to subsection (2) to a person unless the person 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 (2) where he is satisfied that the certificate concerned has been lost, defaced or destroyed without fault on the part of the person to whom it was issued.(4) Any rating aggrieved by a decision of the Authority to refuse to issue him an Engine Room 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. (5) The Authority may, by notice in the Gazette, amend- (a) Schedule 1 in relation to the qualifications for the issue of an Engine Room Watch Rating Certificate; (b) Schedule 2. (Enacted 1996) Cap 478V 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 engine room watch ratings on tankers, ro-ro passenger ships or other ships specified by the Authority. (L.N. 104 of 1998) Cap 478V s 6 Offences by employer, master and chief engineer officer (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) A master or chief engineer officer 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 478V s 7 False pretences and supply of false information (1) Any person who in connection with an application for or the issue of an Engine Room Watch Rating Certificate, a substitute certificate under the proviso to section 5(1) or a replacement of a certificate under section 5(2)- (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. 10) (Enacted 1996) Cap 478V s 8 Saving (1) A certificate issued under regulation 5 of the repealed Regulations shall be deemed to be a certificate issued under section 5 of 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 (Engine Room Watch Ratings) Regulations (Cap 281 sub. leg.) repealed by the Ordinance. (Enacted 1996) Cap 478V Sched 1 QUALIFICATIONS FOR ISSUE OF AN ENGINE ROOM WATCH RATING CERTIFICATE [section 5(1) & (5)] 1. To qualify for an Engine Room 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 an Engine Room Watch Rating Certificate shall be that the rating- (a) has completed not less than 6 months' sea service in the engine department; and (b) has received training approved by the Authority in- (i) basic principles of fire-fighting, first aid, personal survival techniques, avoidance of health hazards and personal safety; (ii) engine room watchkeeping procedures sufficient to enable a rating to carry out a watch routine appropriate to his duties in a safe manner under the general direction of the engineer officer in charge of a watch; (iii) safe working practices relating to the duties of an engine room watch rating; (iv) the technical terms used in machinery spaces and the names of all relevant machinery and equipment; (v) basic environmental protection procedures; (vi) the use of the appropriate internal communications systems of a vessel; (vii) the use of escape routes from the machinery spaces of a vessel; (viii) the use of engine room alarm systems including the distinction between the various alarms with special reference to fire-extinguishing gas alarms; (L.N. 104 of 1998) (ix) the location and use of fire-fighting equipment in the machinery spaces of a vessel; (L.N. 104 of 1998) (x) safe operation of boilers; and (L.N. 104 of 1998) (xi) knowledge of emergency duties. (L.N. 104 of 1998)In addition, the rating must satisfy 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 an engine room watch rating. 3. If the rating is the holder of a Navigational Watch Rating Certificate issued under section 5 of the Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation (Cap 478 sub. leg.)- (a) where the rating has completed 3 months' sea service entirely in the engine department, the Authority may remit the remaining 3 months of the 6 months' sea service specified in section 2(a); (b) 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 (c) the rating will be required to receive training only in respect of the matters specified in section 2(b)(ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix). 4. An applicant for an Engine Room Watch Rating Certificate must produce 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. (Enacted 1996) Cap 478V Sched 2 FORM [section 5(1) & (5)] MERCHANT SHIPPING (SEAFARERS) (ENGINE ROOM WATCH RATINGS) REGULATION HONG KONG ENGINE ROOM WATCH RATING CERTIFICATE Hong Kong Certificate Crest Number ....................................... 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) (Engine Room Watch Ratings) Regulation to perform the duties of a rating forming part of an engine room watch, *including a boiler watch. ..................................................... for Seafarers' Authority. ....................................................... Signature of the holder of the certificate. [Office Date Stamp] *Delete as appropriate. (Enacted 1996)