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(Cap 478 sections 72, 73 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 1 of 1996) Cap 478T s 1 (Omitted as spent) (Omitted as spent) (Enacted 1996) Cap 478T s 2 Interpretation In this Regulation, unless the context otherwise requires- "authorized person" (获授权人) means a person authorized by the Authority for purposes of this Regulation; "Certification Regulation" (《资格证明规例》) means the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap 478 sub. leg.); "court of survey" (验船法庭) means a court of survey appointed under section 74 of the Merchant Shipping (Safety) Ordinance (Cap 369); "employer" (雇主) means the person for the time being employing the master; "hazardous cargo" (危险货物) means cargo that is or may become explosive, flammable, toxic, a threat to health or liable to pollute the environment; "qualified officer" (符合资格的高级船员) means an officer who is qualified in accordance with the provisions of section 9; "seagoing" (海域航行), in relation to a ship, means a ship other than one which navigates exclusively in inland waters or in areas where port regulations apply. (Enacted 1996) Cap 478T s 3 Application (1) Subject to subsection (2), this Regulation shall apply to- (a) all seagoing ships which are Hong Kong ships; and (b) all seagoing ships- (i) which are not Hong Kong ships; (ii) while they are within the waters of Hong Kong; and (iii) if they have entered those waters in the normal course of business or for operational reasons.(2) This Regulation shall not apply to fishing vessels. (3) 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 478T s 4 Duty of master The master of a ship shall- (a) ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to the matters set out in Schedules 1, 2 and 3; (L.N. 101 of 1998) (b) give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, having regard to the matters set out in Schedule 1; (L.N. 101 of 1998) (c) ensure that any training or assessment of competence conducted on board the ship is conducted at such times and in such manner that it will not adversely affect the normal operation of the ship, and by persons who can dedicate their entire attention to the training or assessment; and (L.N. 101 of 1998) (d) ensure that radio operators maintain a continuous radio watch on appropriate frequencies during their watches in accordance with Schedule 3. (L.N. 101 of 1998) (Enacted 1996) Cap 478T s 5 Duty of chief engineer officer The chief engineer officer of a ship shall- (a) ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, having regard to the matters set out in Schedule 2 and Parts 1, 3 and 5 of Schedule 4; (L.N. 101 of 1998) (b) when deciding the composition of the watch, take into account the principles set out in Schedule 2 and Parts 1, 3 and 5 of Schedule 4; and (L.N. 101 of 1998) (c) ensure that the officers in charge of engineering watches are immediately available and on call to attend machinery spaces and, when required, are physically present in the machinery spaces. (L.N. 101 of 1998) (Enacted 1996) Cap 478T s 6 Watchkeeping arrangements in port The master of a ship shall, notwithstanding that it is safely moored or safely anchored under normal circumstances in port, arrange for an appropriate and effective watch to be maintained for the purposes of safety, having regard to the specified principles and operational guidance set out in Schedule 4. (Enacted 1996. L.N. 101 of 1998) Cap 478T s 7 Watchkeeping arrangements in port for ships carrying hazardous cargo The master of a ship which is carrying hazardous cargo shall, notwithstanding that the ship is safely moored or safely anchored under normal circumstances in port, in addition to any watchkeeping arrangements required under section 6, ensure- (a) if the hazardous cargo is in bulk, that there are readily available on board a sufficient number of qualified officers and other seafarers to maintain a safe deck watch and safe engineering watch; or (b) if the hazardous cargo is not in bulk, that in organizing safe watchkeeping arrangements he takes full account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore. (Enacted 1996) Cap 478T s 8 Manning and certificates (1) Any certificate required to be held by an officer under this Regulation shall be kept available in its original form on board the ship on which the holder is serving. (2) Any deck or engine room watch rating certificate held by a watch rating shall be kept available in its original form on board the ship on which the holder is serving. (3) The master of a ship shall not allow any officer's watchkeeping duty to be performed by any person not qualified in accordance with section 9. (4) An employer and the master of a ship shall not allow any person to perform- (a) navigational watchkeeping duties; (b) engine room watchkeeping duties; (c) radio watchkeeping duties; (d) duties related to cargo or cargo equipment on tankers; (e) duties related to mustering, embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on ro-ro passenger ships,unless such person holds the requisite certificate to perform such duties. (5) In this section- "requisite certificate" (必需的证书) means- (a) in the case of an officer, a certificate prescribed under the Certification Regulation; (b) in the case of a watch rating, a Navigational Watch Rating Certificate issued under the Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation (Cap 478 sub. leg.) or an Engine Room Watch Rating Certificate issued under the Merchant Shipping (Seafarers) (Engine Room Watch Ratings) Regulation (Cap 478 sub. leg.).(6) Notwithstanding the requirement of subsection (4), engagement of a person who has within the previous 3 months applied for the issue of a licence under Part V of the Certification Regulation shall not be an infringement of that subsection. (7) An employer and the master of a ship shall ensure that seafarers on first being employed on any ship are made familiar with their specific duties and with arrangements, installations, equipment, procedures and ship characteristics of the ships on which they are employed which are relevant to their routine or emergency duties. (8) An employer shall- (a) ensure that the ship is manned in accordance with the minimum safe manning requirements prescribed for a ship under the Merchant Shipping (Safety) (Minimum Safe Manning Certificate) Regulation (Cap 369 sub. leg.); (b) maintain details of all seafarers employed on his ship in a readily accessible form, which details include experience, training, medical fitness and competency in their assigned duties; (c) provide the master with written instructions, setting forth the policies and procedures to be followed to ensure that all seafarers who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before assigned to those duties. Such policies and procedures shall include- (i) allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with the specific equipment the seafarer will be using or operating, and ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and (ii) designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seafarer to receive essential information in a language the seafarer understands;(d) ensure that the ship's crew can effectively co-ordinate their activities in an emergency situation and in performing functions vital to the safety of the ship or crew or prevention or mitigation of pollution. (L.N. 101 of 1998) Cap 478T s 9 Qualifications of officers (1) For the purposes of this Regulation, an officer shall be qualified if he is either- (a) the holder of a certificate of competency or of service which is in force in relation to him and is appropriate to the description of ship concerned and to the capacity in which he is serving in that ship; or (b) qualified in accordance with the conditions of any exemption for the time being in force granted under section 3(2) of the Certification Regulation in relation to the ship or class of ships in which he is serving.(2) In this section, "certificate of competency or of service" (合格证书或服务资历证书) means- (a) a certificate of competency or of service as a deck officer or marine engineer officer issued under the Certification Regulation; (b) a certificate of competency or of service or a licence which under the Certification Regulation is equivalent to a certificate of competency or of service or a licence issued under that Regulation; (L.N. 101 of 1998) (c) if the ship in question is not a Hong Kong ship, a certificate of competency or of service issued to its nationals by the appropriate authority of the country in which the ship is registered, or treated by that authority as equivalent to such a certificate. (Enacted 1996) Cap 478T s 10 Inspection (1) An authorized person may inspect a ship for the purpose of verifying whether- (a) all officers and other seafarers serving on board who are required by this Regulation to do so hold a valid certificate; (b) if the ship is the subject of an exemption under this Regulation or is one of a class of ships so exempted, that any conditions of such exemption have been complied with.(1A) For the purposes of subsection (1)(a), a certificate shall be considered valid for a period not exceeding 3 months if the holder of the certificate has made an application- (a) in the case of a certificate issued by the government a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 other than the flag state of the ship, for endorsement of his certificate; or (b) in the case of a Hong Kong ship, for the issue of a licence under Part V of the Certification Regulation,and can provide documentary evidence of having made such application. (L.N. 101 of 1998) (1B) An authorized person may inspect- (a) a Hong Kong ship; (b) a ship, other than a Hong Kong ship, while it is within the waters of Hong Kong,for the purpose of verifying whether the numbers and classes of certificates of seafarers on board the ship conform to the requirements of the flag state. (L.N. 101 of 1998) (2) If any of the following has occurred- (L.N. 101 of 1998) (a) a ship has been involved in a collision, grounding or stranding; (b) there has been a discharge of any substance from a ship when underway, at anchor or at a berth, contrary to the provisions of any international convention; (L.N. 101 of 1998) (c) a ship has been manoeuvred in an erratic or unsafe manner or has not followed navigational course markers or traffic separation schemes; or (L.N. 101 of 1998) (d) a ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment, (L.N. 101 of 1998)and if by reason of such occurrence an authorized person has grounds for believing that the standards of watchkeeping prescribed by this Regulation are not being maintained, the authorized person may inspect the ship in order to assess the ability of the officers and other seafarers serving on board to maintain those standards. (Enacted 1996) Cap 478T s 11 Procedure to be adopted when inspection reveals deficiencies If an authorized person finds on an inspection carried out under section 10- (a) that any certificate of competency or of service required under this Regulation is not a valid certificate; (L.N. 101 of 1998) (b) that the conditions of any exemption granted under this Regulation to the ship or to the class of ships to which it belongs have not been complied with; (c) that the navigational or engineering watch arrangements on the ship do not conform to the requirements specified for the ship by the appropriate authority of the country in which the ship is registered; (d) that there is an absence on a watch of any seafarer qualified to operate equipment essential to safe navigation; (L.N. 101 of 1998) (e) that the master is unable to provide adequately rested seafarers for the first watch at the commencement of a voyage and for subsequent relieving watches; or (L.N. 101 of 1998) (f) that the applicable safe manning requirements of the flag state are not complied with, (L.N. 101 of 1998)he shall notify in writing the master of the ship and, in the case of a ship which is not a Hong Kong ship, the nearest maritime, consular or diplomatic representative of the country in which the ship is registered. (Enacted 1996) Cap 478T s 12 Power to detain (1) If an authorized person finds on an inspection carried out under section 10- (a) that the master or chief engineer officer, or any officer in charge of a navigational or engineering watch, is not qualified in accordance with section 9; or (b) that the navigational or engineering watch arrangements for the ship do not conform to the requirements laid down for the ship by the appropriate authority of the country in which the ship is registered,and if these deficiencies are not corrected within a reasonable time after notification thereof under section 11, then the authorized person may cause the ship to be detained until those deficiencies have been corrected to an extent sufficient to remove any danger to persons, property or the environment. (2) An authorized person shall not in exercise of his powers under this section unreasonably delay or detain a ship. (3) If on the application of the owner, agent of the owner or master of a ship detained under this section a court of survey is satisfied that the ship has been unreasonably delayed or detained, the Government shall be liable to pay to the owner of the ship- (a) his costs of and incidental to the delay or detention of the ship; and (b) compensation for any loss or damage sustained by him by reason of its delay or detention.(4) If on application made on behalf of the Government a court of survey is satisfied that a ship detained under this section was reasonably detained the owner, agent of the owner or master of the ship shall be liable to pay to the Government the costs of and incidental to the detention of the ship. (5) The provisions of the Merchant Shipping (Court of Survey) Regulations (Cap 369 sub. leg.) shall apply with necessary modifications to any proceedings before a court of survey under this section. (Enacted 1996) Cap 478T s 13 Offences and penalties (1) An employer who contravenes section 8(4), (7) or (8) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (L.N. 101 of 1998) (2) The master of a ship who contravenes section 4, 6, 7 or 8(3), (4) or (7) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 years. (L.N. 101 of 1998) (3) A chief engineer officer who contravenes section 5 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 years. (4) Any person who obstructs an authorized person in the performance of his functions under section 10 or 12 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 years. (Enacted 1996) Cap 478T s 14 Amendment of Schedules The Authority may, by notice in the Gazette, amend Schedule 1, 2, 3 or 4. (Enacted 1996. L.N. 101 of 1998) Cap 478T Sched 1 PRINCIPLES OF WATCHKEEPING ARRANGEMENTS FOR NAVIGATIONAL WATCH [sections 4 & 14] In this Schedule in its application to a ship without a bridge, the word "bridge" (驾驶台) shall be construed as meaning the position from which the navigation of the ship is controlled. PART 1 VOYAGE PLANNING 1. General requirements (1) The intended voyage shall be planned in advance, taking into consideration all pertinent information, and any course laid down shall be checked before the voyage commences. (2) The chief engineer officer shall, in consultation with the master, determine in advance the needs of the intended voyage, taking into consideration the requirements for fuel, water, lubricants, chemicals, expendable and other spare parts, tools, supplies and any other requirements. 2. Planning prior to each voyage Prior to each voyage the master of every ship shall ensure that the intended route from the port of departure to the first port of call is planned using adequate and appropriate charts and other nautical publications necessary for the intended voyage, containing accurate, complete and up-to-date information regarding those navigational limitations and hazards which are of a permanent or predictable nature and which are relevant to the safe navigation of the ship. 3. Verification and display of planned route When the route planning is verified taking into consideration all pertinent information, the planned route shall be clearly displayed on appropriate charts and shall be continuously available to the officer in charge of the watch, who shall verify each course to be followed prior to using it during the voyage. 4. Deviation from planned route If a decision is made, during a voyage, to change the next port of call of the planned route, or if it is necessary for the ship to deviate substantially from the planned route for other reasons, then an amended route shall be planned prior to deviating substantially from the route originally planned. PART 2 WATCHKEEPING AT SEA 1. Principles applying to watchkeeping generally The master of every ship shall ensure that watchkeeping arrangements are adequate for maintaining a safe navigational watch. Under the master's general direction, the officers of the navigational watch are responsible for navigating the ship safely during their periods of duty, when they will be particularly concerned with avoiding collision and stranding. 2. Protection of marine environment The master, officers and ratings shall be aware of the serious effects of operational or accidental pollution of the marine environment and shall take all possible precautions to prevent such pollution, particularly within the framework of relevant international and port regulations. PART 3 PRINCIPLES TO BE OBSERVED IN KEEPING A NAVIGATIONAL WATCH 1. General The officer in charge of the navigational watch is the master's representative and is primarily responsible at all times for the safe navigation of the ship and for complying with the requirements in force of the International Regulations for Preventing Collisions at Sea 1972 . 2. Look-out (1) A proper look-out shall be maintained at all times in compliance with rule 5 of the International Regulations for Preventing Collisions at Sea 1972 and shall serve the purpose of- (a) maintaining a continuous state of vigilance by sight and hearing as well as by all other available means, with regard to any significant change in the operating environment; (b) fully appraising the situation and the risk of collision, stranding and other dangers to navigation; and (c) detecting ships or aircraft in distress, shipwrecked persons, wrecks, debris and other hazards to safe navigation.(2) The look-out must be able to give full attention to the keeping of a proper look-out and no other duties shall be undertaken or assigned which could interfere with that task. (3) The duties of the look-out and helmsperson are separate and the helmsperson shall not be considered to be the look-out while steering, except in small ships where an unobstructed all-round view is provided at the steering position and there is no impairment of night vision or other impediment to the keeping of a proper look-out. The officer in charge of the navigational watch may be the sole look-out in daylight provided that on each such occasion- (a) the situation has been carefully assessed and it has been established without doubt that it is safe to do so; (b) full account has been taken of all relevant factors, including but not limited to- (i) state of weather; (ii) visibility; (iii) traffic density; (iv) proximity of dangers to navigation; and (v) the attention necessary when navigating in or near traffic separation schemes; and(c) assistance is immediately available to be summoned to the bridge when any change in the situation so requires.(4) In determining that the composition of the navigational watch is adequate to ensure that a proper look-out can continuously be maintained, the master shall take into account all relevant factors including those described in this Schedule, as well as the following factors- (a) visibility, state of weather and sea; (b) traffic density, and other activities occurring in the area in which the vessel is navigating; (c) the attention necessary when navigating in or near traffic separation schemes or other routing measures; (d) the additional workload caused by the nature of the ship's functions, immediate operating requirements and anticipated manoeuvres; (e) the fitness for duty of any crew members on call who are assigned as members of the watch; (f) the knowledge of and confidence in the professional competence of the ship's officers and crew; (g) the experience of each officer of the navigational watch, and the familiarity of that officer with the ship's equipment, procedures and manoeuvring capability; (h) the activities taking place on board the ship at any particular time, including radiocommunications activities, and the availability of assistance to be summoned immediately to the bridge when necessary; (36 of 2000 s. 28) (i) the operational status of bridge instrumentation and controls, including alarm systems; (j) the rudder and propeller control and ship manoeuvring characteristics; (k) the size of the ship and the field of vision available from the conning position; (l) the configuration of the bridge, to the extent that such configuration might inhibit a member of the watch from detecting by sight or hearing any external development; and (m) any other relevant standard, procedure or guidance relating to watchkeeping arrangements and fitness for duty which has been adopted by the International Maritime Organization. 3. Watch arrangements When deciding the composition of the watch on the bridge, which may include appropriately qualified ratings, the following factors, inter alia, shall be taken into account- (a) at no time shall the bridge be left unattended; (b) weather conditions, visibility and whether there is daylight or darkness; (c) the proximity of navigational hazards which may make it necessary for the officer in charge of the watch to carry out additional navigational duties; (d) the use and operational condition of navigational aids such as radar or electronic position-indicating devices and any other equipment affecting the safe navigation of the ship; (e) whether the ship is fitted with automatic steering; (f) whether there are radio duties to be performed; (g) unmanned machinery space controls, alarms and indicators provided on the bridge, procedures for their use and limitations; and (h) any unusual demands on the navigational watch that may arise as a result of special operational circumstances. 4. Taking over the watch (1) The officer in charge of the navigational watch shall not hand over the watch to the relieving officer if there is reason to believe that the latter is not capable of carrying out the watchkeeping duties effectively, in which case the master shall be notified. (2) The relieving officer shall ensure that the members of the relieving watch are fully capable of performing their duties, particularly as regards their adjustment to night vision. Relieving officers shall not take over the watch until their vision is fully adjusted to the light conditions. (3) Prior to taking over the watch, relieving officers shall satisfy themselves as to the ship's estimated or true position and confirm its intended track, course and speed, and unmanned machinery space controls as appropriate and shall note any dangers to navigation expected to be encountered during their watch. (4) Relieving officers shall personally satisfy themselves regarding the following- (a) standing orders and other special instructions of the master relating to the navigation of the ship; (b) position, course, speed and draught of the ship; (c) prevailing and predicted tides, currents, weather, visibility and the effect of these factors upon course and speed; (d) procedures for the use of main engines to manoeuvre when the main engines are on bridge control; (e) navigational situation, including but not limited to- (i) the operational condition of all navigational and safety equipment being used or likely to be used during the watch; (ii) the errors of the gyro and magnetic compasses; (iii) the presence and movement of ships in sight or known to be in the vicinity; (iv) the conditions and hazards likely to be encountered during the watch; and (v) the possible effects of heel, trim, water density and squat on under-keel clearance.(5) If at any time the officer in charge of the navigational watch is to be relieved when a manoeuvre or other action to avoid any hazard is taking place, the relief of that officer shall be deferred until such manoeuvre or action has been completed. 5. Performing the navigational watch (1) The officer in charge of the navigational watch shall- (a) keep the watch on the bridge; (b) in no circumstances leave the bridge until properly relieved; (c) continue to be responsible for the safe navigation of the ship, despite the presence of the master on the bridge, until informed specifically that the master has assumed that responsibility and this is mutually understood; and (d) notify the master when in any doubt as to what action to take in the interest of safety.(2) During the watch the course steered, position and speed shall be checked at sufficiently frequent intervals, using any available navigational aids necessary, to ensure that the ship follows the planned course. (3) The officer in charge of the navigational watch shall have full knowledge of the location and operation of all safety and navigational equipment on board the ship and shall be aware and take account of the operating limitations of such equipment. (4) The officer in charge of the navigational watch shall not be assigned or undertake any duties which would interfere with the safe navigation of the ship. (5) Officers of the navigational watch shall make the most effective use of all navigational equipment at their disposal. (6) When using radar, the officer in charge of the navigational watch shall bear in mind the necessity to comply at all times with the requirements in force on the use of radar contained in the International Regulations for Preventing Collisions at Sea 1972. (7) In cases of need, the officer in charge of the navigational watch shall not hesitate to use the helm, engines and sound signalling apparatus. However, timely notice of intended variations of engine speed shall be given where possible or effective use made of unmanned machinery space engine controls provided on the bridge in accordance with the applicable procedures. (8) Officers of the navigational watch shall know the handling characteristics of their ship, including its stopping distances, and should appreciate that other ships may have different handling characteristics. (9) A proper record shall be kept during the watch of the movements and activities relating to the navigation of the ship. (10) It is of special importance that at all times the officer in charge of the navigational watch ensures that a proper look-out is maintained. In a ship with a separate chartroom the officer in charge of the navigational watch may visit the chartroom, when essential, for a short period for the necessary performance of navigational duties, but shall first ensure that it is safe to do so and that a proper look-out is maintained. (11) Operational tests of shipboard navigational equipment shall be carried out at sea as frequently as practicable and as circumstances permit, in particular before hazardous conditions affecting navigation are expected. Whenever appropriate, such tests shall be recorded. Such tests shall also be carried out prior to port arrival and departure. (12) The officer in charge of the navigational watch shall make regular checks to ensure that- (a) the person steering the ship or the automatic pilot is steering the correct course; (b) the standard compass error is determined at least once a watch and, when possible, after any major alteration of course; the standard and gyro compasses are frequently compared and repeaters are synchronized with their master compass; (c) the automatic pilot is tested manually at least once a watch; (d) the navigation and signal lights and other navigational equipment are functioning properly; (e) the radio equipment is functioning properly in accordance with section 3 of Schedule 3; and (f) the unmanned machinery space controls, alarms and indicators are functioning properly. (13) The officer in charge of the navigational watch shall bear in mind the necessity to comply at all times with the requirements in force of the International Convention for the Safety of Life at Sea, 1974. The officer in charge of the navigational watch shall take into account- (a) the need to station a person to steer the ship and to put the steering into manual control in good time to allow any potentially hazardous situation to be dealt with in a safe manner; and (b) that with a ship under automatic steering it is highly dangerous to allow a situation to develop to the point where the officer in charge of the navigational watch is without assistance and has to break the continuity of the look-out in order to take emergency action.(14) Officers of the navigational watch shall be thoroughly familiar with the use of all electronic navigational aids carried, including their capabilities and limitations, and shall use each of these aids when appropriate and shall bear in mind that the echo-sounder is a valuable navigational aid. (15) The officer in charge of the navigational watch shall use radar whenever restricted visibility is encountered or expected, and at all times in congested waters, having due regard to its limitations. (16) The officer in charge of the navigational watch shall ensure that range scales employed are changed at sufficiently frequent intervals so that echoes are detected as early as possible. It shall be borne in mind that small or poor echoes may escape detection. (17) Whenever radar is in use, the officer in charge of the navigational watch shall select an appropriate range scale and observe the display carefully, and shall ensure that plotting or systematic analysis is commenced in ample time. (18) The officer in charge of the navigational watch shall notify the master immediately- (a) if restricted visibility is encountered or expected; (b) if the traffic conditions or the movements of other ships are causing concern; (c) if difficulty is experienced in maintaining course; (d) on failure to sight land, a navigation mark or to obtain soundings by the expected time; (e) if, unexpectedly, land or a navigation mark is sighted or a change in soundings occurs; (f) on breakdown of the engines, propulsion machinery remote control, steering gear or any essential navigational equipment, alarm or indicator; (g) if the radio equipment malfunctions; (h) in heavy weather, if in any doubt about the possibility of weather damage; (i) if the ship meets any hazard to navigation, such as ice or a derelict; (j) in any other emergency or if in any doubt.(19) Despite the requirement to notify the master immediately in the circumstances referred to in subsection (18), the officer in charge of the navigational watch shall in addition not hesitate to take immediate action for the safety of the ship, where circumstances so require. (20) The officer in charge of the navigational watch shall give watchkeeping personnel all appropriate instructions and information which will ensure the keeping of a safe watch, including a proper look-out. 6. Watchkeeping under different conditions and in different areas (1) Clear weather (a) The officer in charge of the navigational watch shall take frequent and accurate compass bearings of approaching ships as a means of early detection of risk of collision and bear in mind that such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large ship or a tow or when approaching a ship at close range. The officer in charge of the navigational watch shall also take early and positive action in compliance with the applicable requirements in force of the International Regulations for Preventing Collisions at Sea 1972 and subsequently check that such action is having the desired effect. (b) In clear weather, whenever possible, the officer in charge of the navigational watch shall carry out radar practice. (2) Restricted visibility When restricted visibility is encountered or expected, the first responsibility of the officer in charge of the navigational watch is to comply with the relevant requirements in force of the International Regulations for Preventing Collisions at Sea 1972 with particular regard to the sounding of fog signals, proceeding at a safe speed and having engines ready for immediate manoeuvre. In addition, the officer in charge of the navigational watch shall- (a) inform the master; (b) post a proper look-out; (c) exhibit navigation lights; and (d) operate and use the radar. (3) In hours of darkness The master and officer in charge of the navigational watch, when arranging look-out duty, shall have due regard to the bridge equipment and navigational aids available for use and their limitations, and the procedures and safeguards implemented. (4) Coastal and congested waters (a) The largest scale chart on board, suitable for the area and corrected with the latest available information, shall be used. Fixes shall be taken at frequent intervals, and shall be carried out by more than one method whenever circumstances allow. (b) The officer in charge of the navigational watch shall positively identify all relevant navigation marks. (5) Navigation with pilot on board (a) Despite the duties and obligations of pilots, their presence on board does not relieve the master or officer in charge of the navigational watch from their duties and obligations for the safety of the ship. The master and pilot shall exchange information regarding navigation procedures, local conditions and the ship's characteristics. The master and officer in charge of the navigational watch shall co-operate closely with the pilot and maintain an accurate check on the ship's position and movement. (b) If in any doubt as to the pilot's actions or intentions, the officer in charge of the navigational watch shall seek clarification from the pilot and, if doubt still exists, shall notify the master immediately and take whatever action is necessary before the master arrives. (6) Ship at anchor If the master considers it necessary, a continuous navigational watch shall be maintained at anchor. While at anchor, the officer in charge of the navigational watch shall- (a) determine and plot the ship's position on the appropriate chart as soon as practicable; (b) when circumstances permit, check at sufficiently frequent intervals whether the ship is remaining securely at anchor by taking bearings of fixed navigation marks or readily identifiable shore objects; (c) ensure that a proper look-out is maintained; (d) ensure that inspection rounds of the ship are made periodically; (e) observe meteorological and tidal conditions and the state of the sea; (f) notify the master and undertake all necessary measures if the ship drags anchor; (g) ensure that the state of readiness of the main engines and other machinery is in accordance with the master's instructions; (h) if visibility deteriorates, notify the master; (i) ensure that the ship exhibits the appropriate lights and shapes and that appropriate sound signals are made in accordance with all applicable regulations; and (j) take measures to protect the environment from pollution by the ship and comply with applicable pollution-prevention regulations. (L.N. 101 of 1998) Cap 478T Sched 2 PRINCIPLES OF WATCHKEEPING ARRANGEMENTS FOR ENGINE ROOM WATCH [sections 4, 5 & 14] 1. General (1) The chief engineer of every ship shall, in consultation with the master, ensure that watchkeeping arrangements are adequate to maintain a safe engineering watch. (2) The term "engineering watch" (机房值班人员、机房值班) as used in this Schedule and in Schedule 4 means either a person or a group of personnel comprising the watch or a period of responsibility for an officer during which the physical presence in the machinery spaces of that officer may or may not be required. (3) The officer in charge of the engineering watch is the chief engineer officer's representative and is primarily responsible at all times for the safe and efficient operation and upkeep of machinery affecting the safety of the ship and is responsible for the inspection, operation and testing, as required, of all machinery and equipment under the responsibility of the engineering watch. 2. Watch arrangements (1) The composition of the engineering watch shall at all times be adequate to ensure the safe operation of all machinery affecting the operation of the ship, in either automated or manual mode, and be appropriate to the prevailing circumstances and conditions. (2) When deciding the composition of the engineering watch, which may include appropriately qualified ratings, the following criteria, inter alia, shall be taken into account- (a) the type of ship and the type and condition of the machinery; (b) the adequate supervision, at all times, of machinery affecting the safe operation of the ship; (c) any special modes of operation dictated by conditions such as weather, ice, contaminated water, shallow water, emergency conditions, damage containment or pollution abatement; (d) the qualifications and experience of the engineering watch; (e) the safety of life, ship, cargo and port, and protection of the marine environment; (f) the observance of international, national and local regulations; and (g) the maintenance of the normal operations of the ship. 3. Taking over the watch (1) The officer in charge of the engineering watch shall not hand over the watch to the relieving officer if there is reason to believe that the latter is obviously not capable of carrying out the watchkeeping duties effectively, in which case the chief engineer officer shall be notified. (2) The relieving officer of the engineering watch shall ensure that the members of the relieving engineering watch are apparently fully capable of performing their duties effectively. (3) Prior to taking over the engineering watch, relieving officers shall satisfy themselves regarding at least the following- (a) the standing orders and special instructions of the chief engineer officer relating to the operation of the ship's systems and machinery; (b) the nature of all work being performed on machinery and systems, the personnel involved and potential hazards; (c) the level and, where applicable, the condition of water or residues in bilges, ballast tanks, slop tanks, reserve tanks, fresh water tanks, sewage tanks and any special requirements for use or disposal of the contents thereof; (d) the condition and level of fuel in the reserve tanks, settling tank, day tank and other fuel storage facilities; (e) any special requirements relating to sanitary system disposals; (f) the condition and mode of operation of the various main and auxiliary systems, including the electrical power distribution system; (g) where applicable, the condition of monitoring and control console equipment, and which equipment is being operated manually; (h) where applicable, the condition and mode of operation of automatic boiler controls such as flame safeguard control systems, limit control systems, combustion control systems, fuel-supply control systems and other equipment related to the operation of steam boilers; (i) any potentially adverse conditions resulting from bad weather, ice, or contaminated or shallow water; (j) any special modes of operation dictated by equipment failure or adverse ship conditions; (k) the reports of engine room ratings relating to their assigned duties; (l) the availability of fire-fighting appliances; and (m) the state of completion of engine room log. 4. Performing the engineering watch (1) The officer in charge of the engineering watch shall ensure that the established watchkeeping arrangements are maintained and that, under direction, engine room ratings, if forming part of the engineering watch, assist in the safe and efficient operation of the propulsion machinery and auxiliary equipment. (2) The officer in charge of the engineering watch shall continue to be responsible for machinery space operations, despite the presence of the chief engineer officer in the machinery spaces, until specifically informed that the chief engineer officer has assumed that responsibility and this is mutually understood. (3) All members of the engineering watch shall be familiar with their assigned watchkeeping duties. In addition, every member shall, with respect to the ship they are serving in, have knowledge of- (a) the use of appropriate internal communication systems; (b) the escape routes from machinery spaces; (c) the engine room alarm systems and be able to distinguish between the various alarms, with special reference to the fire-extinguishing media alarm; and (d) the number, location and types of fire-fighting equipment and damage control gear in the machinery spaces, together with their use and the various safety precautions to be observed.(4) Any machinery not functioning properly, expected to malfunction or requiring special service shall be noted along with any action already taken. Plans shall be made for any further action if required. (5) When the machinery spaces are in the manned condition, the officer in charge of the engineering watch shall at all times be readily capable of operating the propulsion equipment in response to the needs for changes in direction or speed. (6) When the machinery spaces are in the periodic unmanned condition, the designated duty officer in charge of the engineering watch shall be immediately available and on call to attend the machinery spaces. (7) All bridge orders shall be promptly executed. Changes in direction or speed of the main propulsion units shall be recorded, except where the government of a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 has determined that the size or characteristics of a particular ship make such recording impracticable. The officer in charge of the engineering watch shall ensure that the main propulsion unit controls, when in the manual mode of operation, are continuously attended under stand-by or manoeuvring conditions. (8) Due attention shall be paid to the ongoing maintenance and support of all machinery, including mechanical, electrical, electronic, hydraulic and pneumatic systems, their control apparatus and associated safety equipment, all accommodation service systems equipment and the recording of stores and spare gear usage. (9) The chief engineer officer shall ensure that the officer in charge of the engineering watch is informed of all preventative maintenance, damage control, or repair operations to be performed during the engineering watch. The officer in charge of the engineering watch shall be responsible for the isolation, bypassing and adjustment of all machinery under the responsibility of the engineering watch that is to be worked on, and shall record all work carried out. (10) When the engine room is put in stand-by condition, the officer in charge of the engineering watch shall ensure that all machinery and equipment which may be used during manoeuvring is in a state of immediate readiness and that an adequate reserve of power is available for steering gear and other requirements. (11) Officers in charge of an engineering watch shall not be assigned or undertake any duties which would interfere with their supervisory duties in respect of the main propulsion system and ancillary equipment. They shall keep the main propulsion plant and auxiliary systems under constant supervision until properly relieved, and shall periodically inspect the machinery in their charge. They shall also ensure that adequate rounds of machinery and steering-gear spaces are made for the purpose of observing and reporting equipment malfunctions or breakdowns, performing or directing routine adjustments, required upkeep and any other necessary tasks. (12) Officers in charge of an engineering watch shall direct any other member of the engineering watch to inform them of potentially hazardous conditions which may adversely affect the machinery or jeopardise the safety of life or of the ship. (13) The officer in charge of the engineering watch shall ensure that the machinery space watch is supervised, and shall arrange for substitute personnel in the event of the incapacity of any engineering watch personnel. The engineering watch shall not leave the machinery space watch unsupervised in a manner that would prevent the manual operation of the engine room plant or throttles. (14) The officer in charge of the engineering watch shall take the action necessary to contain the effects of damage resulting from equipment breakdown, fire, flooding, rupture, collision, stranding, or other cause. (15) Before going off duty, the officer in charge of the engineering watch shall ensure that all events related to the main and auxiliary machinery which have occurred during the engineering watch are suitably recorded. (16) The officer in charge of the engineering watch shall co-operate with any engineer in charge of maintenance work during all preventative maintenance, damage control or repairs. This shall include but not necessarily be limited to- (a) isolating and bypassing machinery to be worked on; (b) adjusting the remaining plant to function adequately and safely during the maintenance period; (c) recording, in the engine room log or other suitable document, the equipment worked on and the personnel involved, and which safety steps have been taken and by whom, for the benefit of relieving officers and for record purposes; and (d) testing and putting into service, when necessary, the repaired machinery or equipment. (17) The officer in charge of the engineering watch shall ensure that any engine room ratings who perform maintenance duties are available to assist in the manual operation of machinery in the event of automatic equipment failure. (18) The officer in charge of the engineering watch shall bear in mind that changes in speed, resulting from machinery malfunction, or any loss of steering, may imperil the safety of the ship and life at sea. The bridge shall be immediately notified, in the event of fire, and of any impending action in machinery spaces that may cause reduction in the ship's speed, imminent steering failure, stoppage of the ship's propulsion system or any alteration in the generation of electric power or similar threat to safety. This notification, where possible, shall be accomplished before changes are made, in order to afford the bridge the maximum available time to take whatever action is possible to avoid a potential marine casualty. (19) The officer in charge of the engineering watch shall notify the chief engineer officer without delay- (a) when engine damage or a malfunction occurs which may be such as to endanger the safe operation of the ship; (b) when any malfunction occurs which, it is believed, may cause damage or breakdown of propulsion machinery, auxiliary machinery or monitoring and governing systems; and (c) in any emergency or if in any doubt as to what decision or measures to take.(20) Despite the requirement to notify the chief engineer officer in the circumstances referred to in subsection (19), the officer in charge of the engineering watch shall not hesitate to take immediate action for the safety of the ship, its machinery and crew where `circumstances so require. (21) The officer in charge of the engineering watch shall give the watchkeeping personnel all appropriate instructions and information which will ensure the keeping of a safe engineering watch. Routine machinery upkeep, performed as incidental tasks as a part of keeping a safe watch, shall be set up as an integral part of the watch routine. Detailed repair maintenance involving repairs to electrical, mechanical, hydraulic, pneumatic or applicable electronic equipment throughout the ship shall be performed with the cognizance of the officer in charge of the engineering watch and chief engineer officer. Such repairs shall be recorded. 5. Engineering watchkeeping under different conditions and in different areas (1) Restricted visibility The officer in charge of the engineering watch shall ensure that permanent air or steam pressure is available for sound signals and that at all times bridge orders relating to changes in speed or direction of operation are immediately implemented and, in addition, that auxiliary machinery used for manoeuvring is readily available. (2) Coastal and congested waters The officer in charge of the engineering watch shall ensure that all machinery involved with the manoeuvring of the ship can immediately be placed in the manual mode of operation when notified that the ship is in congested waters. The officer in charge of the engineering watch shall also ensure that an adequate reserve of power is available for steering and other manoeuvring requirements. Emergency steering and other auxiliary equipment shall be ready for immediate operation. (3) Ship at anchor (a) At an unsheltered anchorage the chief engineer officer shall consult the master whether or not to maintain the same engineering watch as when underway. (b) When a ship is at anchor in an open roadstead or any other virtually "at-sea" condition, the engineer officer in charge of the engineering watch shall ensure that- (i) an efficient engineering watch is kept; (ii) periodic inspection is made of all operating and stand-by machinery; (iii) main and auxiliary machinery is maintained in a state of readiness in accordance with the orders from the bridge; (iv) measures are taken to protect the environment from pollution by the ship, and that applicable pollution-prevention regulations are complied with; and (v) all damage-control and fire-fighting systems are in readiness. (L.N. 101 of 1998) Cap 478T Sched 3 PRINCIPLES TO BE OBSERVED IN KEEPING A RADIO WATCH [sections 4 & 14 & Schedule 1] 1. Interpretation In this Schedule, "Radio Regulations" (无线电规例) means the Radio Regulations annexed to, or regarded as being annexed to, the most recent Constitution and Convention of the International Telecommunication Union which is in force at any time. (36 of 2000 s. 28) 2. Watch arrangements In deciding the arrangements for the radio watch, the master of every seagoing ship shall- (a) ensure that the radio watch is maintained in accordance with the relevant provisions of the Radio Regulations and the International Convention for the Safety of Life at Sea, 1974; (b) ensure that the primary duties for radio watchkeeping are not adversely affected by attending to radio traffic not relevant to the safe movement of the ship and safe navigation; and (c) take into account the radio equipment fitted on board and its operational status. 3. Performing the radio watch (1) The radio operator performing the radio watchkeeping duties shall- (a) ensure that the radio watch is maintained on the frequencies specified in the Radio Regulations and the International Convention for the Safety of Life at Sea, 1974; (b) while on duty, regularly check the operation of the radio equipment and its sources of energy and report to the master any observed failure of that equipment.(2) The requirements of the Radio Regulations and the International Convention for the Safety of Life at Sea, 1974 on keeping a radio telegraph or radio log, as appropriate, shall be complied with. (3) The maintenance of radio records, in compliance with the requirements of the Radio Regulations and the International Convention for the Safety of Life at Sea, 1974 is the responsibility of the radio operator designated as having primary responsibility for radiocommunications during distress incidents. The following shall be recorded, together with the times at which they occur- (a) a summary of distress, urgency and safety radiocommunications; (b) important incidents relating to the radio service; (c) where appropriate, the position of the ship at least once per day; and (d) a summary of the condition of the radio equipment, including its sources of energy.(4) The radio records shall be kept at the distress communications operating position, and shall be made available- (a) for inspection by the master; and (b) for inspection by any authorized official of the government of a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and by any duly authorized officer exercising control under Article X of that Convention. (L.N. 101 of 1998) Cap 478T Sched 4 WATCHKEEPING ARRANGEMENTS IN PORT [sections 5, 6 & 14 & Schedule 2] PART 1 PRINCIPLES APPLYING TO ALL WATCHKEEPING 1. General On any ship safely moored or safely at anchor under normal circumstances in port, the master shall arrange for an appropriate and effective watch to be maintained for the purpose of safety. Special requirements may be necessary for special types of ships' propulsion systems or ancillary equipment and for ships carrying hazardous, dangerous, toxic or highly flammable materials or other special types of cargo. 2. Watch arrangements (1) Arrangements for keeping a deck watch when the ship is in port shall at all times be adequate to- (a) ensure the safety of life, of the ship, the port and the environment, and the safe operation of all machinery related to cargo operation; (b) observe international, national and local rules; and (c) maintain order and the normal routine of the ship.(2) The master shall decide the composition and duration of the deck watch depending on the conditions of mooring, type of the ship and character of duties. (3) If the master considers it necessary, a qualified officer shall be in charge of the deck watch. (4) The necessary equipment shall be so arranged as to provide for efficient watchkeeping. (5) The chief engineer officer, in consultation with the master, shall ensure that the engineering watchkeeping arrangements are adequate to maintain a safe engineering watch while in port. When deciding the composition of the engineering watch, which may include appropriate engine room ratings, the following points are among those to be taken into account- (a) on all ships of 3000 kW propulsion power and over there shall always be an officer in charge of the engineering watch; (b) on ships of less than 3000 kW propulsion power there may be, at the master's discretion and in consultation with the chief engineer officer, no officer in charge of the engineering watch; and (c) officers, while in charge of an engineering watch, shall not be assigned or undertake any task or duty which would interfere with their supervisory duty in respect of the ship's machinery system. 3. Taking over the watch (1) Officers in charge of the deck or engineering watch shall not hand over the watch to their relieving officer if they have any reason to believe that the latter is obviously not capable of carrying out watchkeeping duties effectively, in which case the master or chief engineer officer shall be notified accordingly. Relieving officers of the deck or engineering watch shall ensure that all members of their watch are apparently fully capable of performing their duties effectively. (2) If, at the moment of handing over the deck or engineering watch, an important operation is being performed it shall be concluded by the officer being relieved, except when ordered otherwise by the master or chief engineer officer. PART 2 TAKING OVER THE DECK WATCH 1. Prior to taking over the deck watch, the relieving officer shall be informed by the officer in charge of the deck watch as to- (a) the depth of water at the berth, the ship's draught, the level and time of high and low waters; the securing of moorings, the arrangement of anchors and the scope of anchor chain, and other mooring features important to the safety of the ship; the state of the main engines and their availability for emergency use; (b) all work to be performed on board the ship; the nature, amount and disposition of cargo loaded or remaining, and any residue on board after unloading the ship; (c) the level of water in the bilges and ballast tanks; (d) the lights or signals being exhibited or sounded; (e) the number of crew members required to be on board and the presence of any other persons on board; (f) the state of fire-fighting appliances; (g) any special port regulations; (h) the master's standing and special orders; (i) the lines of communication available between the ship and shore personnel, including port authorities, in the event of an emergency arising or assistance being required; (j) any other circumstances of importance to the safety of the ship, its crew, cargo or protection of the environment from pollution; and (k) the procedures for notifying the appropriate authority of any environmental pollution resulting from ship activities. 2. Relieving officers, before assuming charge of the deck watch, shall verify that- (a) the securing of moorings and anchor chain is adequate; (b) the appropriate signals or lights are properly exhibited or sounded; (c) safety measures and fire protection regulations are being maintained; (d) they are aware of the nature of any hazardous or dangerous cargo being loaded or discharged and the appropriate action to be taken in the event of any spillage or fire; and (e) no external conditions or circumstances imperil the ship and that it does not imperil others. PART 3 TAKING OVER THE ENGINEERING WATCH 1. Prior to taking over the engineering watch, the relieving officer shall be informed by the officer in charge of the engineering watch as to- (a) the standing orders of the day, any special orders relating to the ship operations, maintenance functions, repairs to the ship's machinery or control equipment; (b) the nature of all work being performed on machinery and systems on board the ship, personnel involved and potential hazards; (c) the level and condition, where applicable, of water or residue in bilges, ballast tanks, slop tanks, sewage tanks, reserve tanks and special requirements for the use or disposal of the contents thereof; (d) any special requirements relating to sanitary system disposals; (e) the condition and state of readiness of portable fire-extinguishing equipment and fixed fire-extinguishing installations and fire-detection systems; (f) authorized repair personnel on board engaged in engineering activities, their work locations and repair functions and other authorized persons on board and the required crew; (g) any port regulations pertaining to ship effluents, fire-fighting requirements and ship readiness, particularly during potential bad weather conditions; (h) the lines of communication available between the ship and shore personnel, including port authorities, in the event of any emergency arising or assistance being required; (i) any other circumstances of importance to the safety of the ship, its crew, cargo or the protection of the environment from pollution; and (j) the procedures for notifying the appropriate authority of environmental pollution resulting from engineering activities. 2. Relieving officers, before assuming charge of the engineering watch, shall satisfy themselves that they are fully informed by the officer being relieved, as outlined above, and- (a) be familiar with existing and potential sources of power, heat and lighting and their distribution; (b) know the availability and condition of the ship's fuel, lubricants and all water supplies; and (c) be ready to prepare the ship and its machinery, as far as is possible, for stand-by or emergency conditions as required. PART 4 PERFORMING THE DECK WATCH The officer in charge of the deck watch shall- (a) make rounds to inspect the ship at appropriate intervals; (b) pay particular attention to- (i) the condition and securing of the gangway, anchor chain and moorings, especially at the turn of the tide and in berths with a large rise and fall, if necessary, taking measures to ensure that they are in normal working condition; (ii) the draught, under-keel clearance and the general state of the ship, to avoid dangerous listing or trim during cargo handling or ballasting; (iii) the weather and sea state; (iv) the observance of all regulations concerning safety and fire protection; (v) the water level in bilges and tanks; (vi) all persons on board and their location, especially those in remote or enclosed spaces; and (vii) the exhibition and sounding, where appropriate, of lights and signals;(c) in bad weather, or on receiving a storm warning, take the necessary measures to protect the ship, its cargo and persons on board; (d) take every precaution to prevent pollution of the environment; (e) in an emergency threatening the safety of the ship, raise the alarm, inform the master, take all possible measures to prevent any damage to the ship, its cargo and persons on board, and, if necessary, request assistance from the shore authorities or neighbouring ships; (f) be aware of the ship's stability condition so that, in the event of fire, the shore fire-fighting authority may be advised of the approximate quantity of water that can be pumped on board without endangering the ship; (g) offer assistance to ships or persons in distress; (h) take necessary precautions to prevent accidents or damage when propellers are to be turned; and (i) enter in the appropriate log book all important events affecting the ship. PART 5 PERFORMING THE ENGINEERING WATCH 1. Officers in charge of the engineering watch shall pay particular attention to- (a) the observance of all orders, special operating procedures and regulations concerning hazardous conditions and their prevention in all areas in their charge; (b) the instrumentation and control systems, monitoring of all power supplies, components and systems in operation; (c) the techniques, methods and procedures necessary to prevent violation of the pollution-prevention regulations of the local authorities; and (d) the state of the bilges. 2. Officers in charge of the engineering watch shall- (a) in emergencies, raise the alarm when in their opinion the situation so demands, and take all possible measures to prevent damage to the ship, its cargo and persons on board; (b) be aware of the deck officer's needs relating to the equipment required in the loading or unloading of the cargo and the additional requirements of ballast and other ship stability control systems; (c) make frequent rounds of inspection to determine possible equipment malfunction or failure, and take immediate remedial action to ensure the safety of the ship, of cargo operations, of the port and the environment; (d) ensure that the necessary precautions are taken, within their area of responsibility, to prevent accidents or damage to the various electrical, electronic, hydraulic, pneumatic and mechanical systems of the ship; (e) ensure that all important events affecting the operation, adjustment or repair of the ship's machinery are satisfactorily recorded. PART 6 WATCH IN PORT ON SHIPS CARRYING HAZARDOUS CARGO 1. The master of every ship carrying cargo that is hazardous, whether explosive, flammable, toxic, health-threatening or environment-polluting, shall ensure that safe watchkeeping arran