(Cap 478 sections 72, 73, 119 and 134) [2 September 1996] L.N. 342 of 1996 (L.N. 600 of 1995) Cap 478J s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1995) Cap 478J s 2 Interpretation Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) In this Regulation, unless the context otherwise requires- "cargo craft" (货轮) means cargo craft as defined in the HSC Code; "GRT" (总注册吨位), in relation to a ship, means its gross register tonnage and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages; "high-speed craft" (高速船) means high-speed craft as defined in the HSC Code; "HSC Code" (《高速船安全守则》) means the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.36(63), as that Code is amended by that Organization from time to time; "licence" (执照) means a licence issued under Part V; "passenger craft" (客轮) means passenger craft as defined in the HSC Code; "passenger ship" (客船) means a ship carrying more than 12 passengers; "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power" (注册动力), in relation to a ship, means the brake or shaft power specified in the ship's certificate of registry; "repealed Regulations" (已废除规例) means the Merchant Shipping (Certification of Officers) Regulations (Cap 281 sub. leg.) repealed by the Ordinance, and includes the Merchant Shipping (Certification of Officers) Regulations (Cap 281 sub. leg.) repealed by regulation 19 of those Regulations; "river trade" (内河航行) means navigation and the carrying out of marine operations within river trade limits; "service endorsement" (服务资历认可证明) means a service endorsement endorsed on a certificate of competency by the Authority under section 6(8); "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.). (L.N. 105 of 1998)(2) In this Regulation, references to a certificate or licence of a particular class are references to a certificate or licence of that class as specified in Parts II, III and V. (3) In this Regulation, in references to "a class appropriate to the station", the class appropriate to a particular station shall be determined according to the following list- Appropriate class Station Deck Department- Class 1 Master Class 2 Chief Mate Class 3 Second Mate Engineering Department- Class 1 Chief Engineer Class 2 Second Engineer Class 3 Third Engineer:Provided that- (a) nothing in this Regulation shall prohibit an officer who holds a certificate of a particular class from manning a station lower in the list in his department than that appropriate to that class; (b) in the case of a ship referred to in item 5 of Table A, or in item 2(b) of Table B, in section 13(1)- (i) a holder of a Certificate of Competency (Marine Engineer Officer) Class 2 with a service endorsement may man a station as Chief Engineer; and (ii) a holder of a Certificate of Competency (Marine Engineer Officer) Class 3 may man a station as Second Engineer; and(c) no class of certificate relating to river trade shall be an appropriate class to man any station in a sea-going ship. (23 of 1998 s. 2) (Enacted 1995) Cap 478J s 3 Application (1) This Regulation shall apply to- (a) all Hong Kong ships; and (b) all other ships, being passenger ships, carrying passengers on any voyage- (i) which begins and ends within the waters of Hong Kong; and (ii) during the course of which the passenger ship concerned does not call at any port outside Hong Kong.(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 1995) Cap 478J s 4 Qualified deck officers and classes of certificates PART II CERTIFICATION OF DECK OFFICERS (1) For the purposes of this Regulation, a deck officer shall be qualified if- (a) he holds- (i) a certificate of competency as a deck officer issued under this Regulation; (ii) a certificate which is under section 5 to be treated as equivalent to such a certificate of competency; or (iii) a licence which is under Part V to be treated as equivalent to such a certificate of competency; and(b) such certificate or licence is in force in relation to a class appropriate to the station held by him in the ship.(1A) Notwithstanding subsection (1), if any person- (a) holds a certificate of competency as a deck officer issued by the government of a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; (b) has satisfied the requirement for the issue of a licence under Part V; and (c) has applied for the issue of a licence under Part V,he shall be treated as a qualified deck officer for the purposes of this Regulation for a period of 3 months from the date on which the application made by such person for the issue of a licence under Part V is received by the Authority. (L.N. 105 of 1998) (2) A certificate of competency issued by the Authority shall be of one of the following classes- Certificate of Competency (Deck Officer) Class 1 (Master Mariner) Certificate of Competency (Deck Officer) Class 2 Certificate of Competency (Deck Officer) Class 3. (3) A certificate of competency of a class referred to in the list specified in subsection (2) shall be of a higher class than a certificate of a class referred to after it in that list. (4) A river trade certificate of competency issued by the Authority shall be of one of the following classes- Certificate of Competency (Deck Officer)(River Trade) Class 1 Certificate of Competency (Deck Officer)(River Trade) Class 2 Certificate of Competency (Deck Officer)(River Trade) Class 3. (5) A river trade certificate of competency of a class referred to in the list specified in subsection (4) shall be of a higher class than a certificate of a class referred to after it in that list. (6) Notwithstanding any other provision of this Regulation (including any other provision of this section), no deck officer shall be qualified to man a high-speed craft which is a passenger craft, or a cargo craft of 500 GRT or more, unless- (a) in addition to holding any other appropriate certificate of competency, he holds a certificate- (i) known as a Type Rating Certificate; and (ii) issued by the Authority; and(b) such certificate is in force.(7) Any certificate issued to a deck officer may be issued subject to any qualifications or limitations endorsed thereon. (Enacted 1995) Cap 478J s 5 Certificates equivalent to certificates of competency or service Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1)-(2) (Repealed L.N. 105 of 1998) (3) A certificate of competency as Master, First Mate and Second Mate of a sea-going ship obtained under section 6A of the Merchant Shipping Ordinance (Cap 281) before 1 September 1981 shall be equivalent, respectively, to a Certificate of Competency (Deck Officer) Class 1 (Master Mariner), a Certificate of Competency (Deck Officer) Class 2 and a Certificate of Competency (Deck Officer) Class 3, issued under this Regulation. (23 of 1998 s. 2) (4) A Certificate of Competency (Deck Officer) Class 4 issued under the repealed Regulations, as in force at any time before the commencement of this Regulation, shall be equivalent to a Certificate of Competency (Deck Officer) Class 3 issued under this Regulation. (5) A certificate of service (Deck Officer) as Third Mate of a sea-going ship granted by the Director of Marine under the repealed Regulations shall be equivalent to a Certificate of Competency (Deck Officer) Class 3 issued under this Regulation where, but only where, the officer who holds such certificate is the most junior deck officer on a ship which is required under this Regulation to be manned by not less than 4 qualified deck officers. (23 of 1998 s. 2) (6) (Repealed L.N. 105 of 1998) (7) A certificate of service (Deck Officer) (River Trade) Class 3 granted by the Director of Marine under the repealed Regulations shall be equivalent to a Certificate of Competency (Deck Officer) (River Trade) Class 3 issued under this Regulation. (Enacted 1995) Cap 478J s 6 Qualified engineer officers and classes of certificates PART III CERTIFICATION OF ENGINEER OFFICERS (1) For the purposes of this Regulation, an engineer officer shall be qualified if- (a) he holds- (i) a certificate of competency as an engineer officer issued under this Regulation; (ii) a certificate which is under section 7 to be treated as equivalent to such a certificate of competency; or (iii) a licence which is under Part V to be treated as equivalent to such a certificate of competency; and(b) such certificate or licence is in force in relation to a class appropriate to the station held by him in the ship.(1A) Notwithstanding subsection (1), if any person- (a) holds a certificate of competency as an engineer officer issued by the government of a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; (b) has satisfied the requirement for the issue of a licence under Part V; and (c) has applied for the issue of a licence under Part V,he shall be treated as a qualified engineer officer for the purposes of this Regulation for a period of 3 months from the date on which the application made by such person for the issue of a licence under Part V is received by the Authority. (L.N. 105 of 1998) (2) A certificate of competency issued by the Authority shall be of one of the following classes- Certificate of Competency (Marine Engineer Officer) Class 1 Certificate of Competency (Marine Engineer Officer) Class 2 Certificate of Competency (Marine Engineer Officer) Class 3. (3) A certificate of competency of a class referred to in the list specified in subsection (2) shall be of a higher class than a certificate of a class referred to after it in that list. (4) A river trade certificate of competency issued by the Authority shall be of one of the following classes- Certificate of Competency (Marine Engineer Officer)(River Trade) Class 1 Certificate of Competency (Marine Engineer Officer)(River Trade) Class 2 Certificate of Competency (Marine Engineer Officer) (River Trade) Class 3, and shall not be issued in respect of steam-powered machinery. (5) A river trade certificate of competency of a class referred to in the list specified in subsection (4) shall be of a higher class than a certificate of a class referred to after it in that list. (6) Notwithstanding any other provision of this Regulation (including any other provision of this section), no engineer officer shall be qualified to man a high-speed craft which is a passenger craft, or a cargo craft of 500 GRT or more, unless- (a) in addition to holding any other appropriate certificate of competency, he holds a certificate- (i) known as a Type Rating Certificate; and (ii) issued by the Authority; and(b) such certificate is in force.(7) Any certificate issued to a marine engineer officer may be issued subject to any qualifications or limitations endorsed thereon. (8) Without limiting the generality of subsection (7), the Authority may, if he is satisfied that the holder of a Certificate of Competency (Marine Engineer Officer) Class 2 is competent to serve as Chief Engineer in a ship of the description specified in item 5 of Table A, or item 2(b) of Table B, in section 13(1), endorse the certificate with a service endorsement which qualifies the holder to man a station as Chief Engineer. (Enacted 1995) Cap 478J s 7 Certificates equivalent to certificates of competency or service Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1)-(2) (Repealed L.N. 105 of 1998) (3) A certificate of competency as First Class Engineer or Second Class Engineer obtained under section 6A of the Merchant Shipping Ordinance (Cap 281) before 1 September 1981 shall be equivalent, respectively, to a Certificate of Competency (Marine Engineer Officer) Class 1 and a Certificate of Competency (Marine Engineer Officer) Class 2 issued under this Regulation. (4) A Certificate of Competency (Marine Engineer Officer) Class 4 issued under the repealed Regulations, as in force at any time before the commencement of this Regulation, shall be equivalent to a Certificate of Competency (Marine Engineer Officer) Class 3 issued under this Regulation. (5) A certificate of service as Marine Engineer Officer Class 3 or 4 of a sea-going ship granted by the Director of Marine under the repealed Regulations shall be equivalent to a Certificate of Competency as Marine Engineer Officer Class 3 issued under this Regulation. (23 of 1998 s. 2) (6) (Repealed L.N. 105 of 1998) (7) A certificate of service (Marine Engineer Officer) (River Trade) Class 3 granted by the Director of Marine under the repealed Regulations shall be equivalent to a Certificate of Competency (Marine Engineer Officer) (River Trade) Class 3 issued under this Regulation. (Enacted 1995) Cap 478J s 8 General standards and conditions for the issue of certificates PART IV GENERAL STANDARDS AND CONDITIONS (1) The Authority may make determinations in writing specifying- (a) the standards of competency to be attained and the conditions to be satisfied by a person or class of persons to qualify for certificates of competency or a certificate of competency of a particular class under this Regulation; (b) the standards of competency to be attained and the conditions to be satisfied by a person or class of persons seeking endorsements to their certificates to qualify them in respect of particular ships, particular classes of ships, or ships carrying particular cargoes or particular classes of cargoes; (c) the conditions to be established by a person seeking an extension of the validity of his certificate; and (d) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be established.(2) Notwithstanding anything contained in this Regulation or any determinations made under subsection (1), the Authority shall not issue any certificate unless he is satisfied that the applicant is a fit person to be a holder of the certificate and to act competently in the capacity to which it relates. (Enacted 1995) Cap 478J s 9 Classes of licences, etc. PART V LICENCES (1) A licence issued by the Authority shall be of one of the classes specified in column 1 of the table to this section. (2) A licence of a class specified in column 1 of the table to this section shall be equivalent to a certificate of competency of a class specified opposite thereto in column 2 of that table and, accordingly, where a provision of any enactment requires a person to hold a certificate of competency of a particular class, any reference in that provision to such certificate may be read as a reference to a licence of the class which it is equivalent to by virtue of this section. (3) The provisions of the other Parts of this Regulation (including determinations made under those Parts, and section 19) shall have effect with respect to a licence of a class specified in column 1 of the table to this section, and the holder thereof, as they have effect with respect to a certificate of competency of a class specified opposite thereto in column 2 of that table, and the holder thereof, except in so far as those provisions are inconsistent with the provisions of this Part (including determinations made under this Part). TABLE Column 1 Column 2 Licence Certificate of competency 1. Licence (Deck Officer) Class 1 Certificate of Competency (Deck Officer) Class 1 (Master Mariner) 2. Licence (Deck Officer) Class 2 Certificate of Competency (Deck Officer) Class 2 3. Licence (Deck Officer) Class 3 Certificate of Competency (Deck Officer) Class 3 4. Licence (Marine Engineer Class 1 Certificate of Competency (Marine Officer) Engineer Officer) Class 1 5. Licence (Marine Engineer Officer) Class 2 Certificate of Competency (Marine Engineer Officer) Class 2 6. Licence (Marine Engineer Officer) Class 3 Certificate of Competency (Marine Engineer Officer) Class 3 (Enacted 1995) Cap 478J s 10 General standards and conditions for the issue of licences (1) The Authority may make determinations in writing specifying- (a) the standards of competency to be attained and the conditions to be satisfied by a person or class of persons to qualify for licences or a licence of a particular class under this Part; (b) the standards of competency to be attained and the conditions to be satisfied by a person or class of persons seeking endorsements to their licences to qualify them in respect of particular ships, particular classes of ships, or ships carrying particular cargoes or particular classes of cargoes; (c) the conditions to be established by a person seeking an extension of the validity of his licence; and (d) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be established.(2) Notwithstanding anything contained in this Regulation or any determinations made under subsection (1), the Authority shall not issue any licence unless he is satisfied that the applicant is- (a) a holder of a certificate or licence issued by the government of a state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and such certificate or licence is issued not on the basis of recognition by such government of any certificate or licence issued by another government; and (b) a fit person to be a holder of the licence and to act competently in the capacity to which it relates. (L.N. 105 of 1998) (Enacted 1995) Cap 478J s 11 Form, validity, record and surrender of certificates PART VI GENERAL PROVISIONS RELATING TO CERTIFICATES (1) A certificate of competency shall be issued on payment of the prescribed fee, and shall be delivered to the person entitled to the certificate. (L.N. 105 of 1998) (2) Any certificate of competency may be issued by the Authority in respect of a limited period of time and such certificate shall be invalid on the expiry of that period of time unless the holder has obtained an extension of its validity. (3) A record of all certificates of competency issued under this Regulation and of the suspension, cancellation or alteration of, and any other matters affecting, certificates shall be kept in such manner as the Authority requires. (4) Subject to subsection (5), where the holder of a certificate of competency of a particular class issued under this Regulation is issued with a certificate of a higher class, he shall surrender the certificate of the lower class to the Authority. (5) Where the holder of a certificate of competency issued under this Regulation (other than a river trade class of certificate of competency) has qualified for the issue of a river trade class of certificate of competency, the Authority may endorse that first-mentioned certificate to that effect and, accordingly, this Regulation shall apply to that first-mentioned certificate as so endorsed, and the holder thereof, as if that first-mentioned certificate as so endorsed was also a certificate of the class to which the endorsement relates. (Enacted 1995) Cap 478J s 12 Lost, etc., certificates (1) Subject to subsection (2), where a 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. (2) The Authority- (a) shall not issue a certificate pursuant to subsection (1) 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 (1) 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. (Enacted 1995) Cap 478J s 13 Manning of ships Remarks: Amendments retroactively made - see 23 of 1998 s. 2 PART VII MANNING OF SHIPS BY OFFICERS (1) Subject to section 14, a ship of the description specified in column 1 of the following tables shall be manned, when it proceeds to sea, by not less than the number of qualified deck officers of the classes specified opposite thereto in column 2 of the respective tables and not less than the number of qualified marine engineer officers of the classes specified opposite thereto in column 3 of the respective tables and shall not leave the waters of Hong Kong unless it is so manned. TABLE A Column 1 Column 2 Column 3 Sea-going ships Deck Officer Marine Engineer Officer Class 1 Class 2 Class 3 Class 1 Class 2 Class 3 1. Any passenger ships 1 1 2 2. Ships, other than passenger ships, of 1600 GRT or more 1 1 2 3. Ships, other than passenger ships, of under 1600 GRT 1 1 1 4. Any ships of 3000 kilowatts registered power or more 1 1 2 5. Any ships of 350 kilowatts or more but under 3000 kilowatts registered power 1* 3* A service endorsement is required. (23 of 1998 s. 2) TABLE B Column 1 Column 2 Column 3 Coastal-going ships Deck Officer Marine Engineer Officer Class 1 Class 2 Class 3 Class 1 Class 2 Class 3 1. Any passenger ships 1 1 1 2. Any passenger ships- (a) of 3000 kilowatts or more 1 1 2 (b) of under 3000 kilowatts registered power 1 1 1 (2) Deck Officers manning a high-speed craft which is a passenger craft, or a cargo craft of 500 GRT or more, shall, in addition to holding the appropriate certificates of competency, satisfy such conditions as to training or otherwise as the Authority specifies. (3) A high-speed craft which is a passenger craft, or a cargo craft of 500 GRT or more, shall, when operating between sunset and sunrise, be manned by such additional deck officers as the Authority specifies. (4) Engineer officers manning a high-speed craft which is a passenger craft, or a cargo craft of 500 GRT or more, shall, in addition to holding the appropriate certificates of competency, satisfy such conditions as to training or otherwise as the Authority specifies. (5) Where a ship carries a cargo which the Authority has determined to be a dangerous cargo for the purposes of this subsection, the officers manning the stations of Master, Chief Mate, Chief Engineer and Second Engineer in that ship, and any other officer having primary responsibility for such cargo, shall in addition to holding the appropriate certificates of competency, have endorsements on those certificates to the effect that the Authority is satisfied that their training and service is such as to render them competent in respect of such cargo. (6) The manning level specified in subsection (1) may be reduced, subject to the approval in writing of the Authority, for a particular ship or particular class of ships in consideration of- (a) operation with unattended machinery spaces; (b) the size of the ship; (c) voyages engaged within limited geographical areas; (d) the construction and technical equipment of the ship; and (e) other special cases. (L.N. 105 of 1998) (Enacted 1995) Cap 478J s 14 Proceeding to sea with less than the required number of deck or engineer officers There shall be no contravention of section 13 where, by reason of illness, absence or other unforeseeable happening, a ship proceeds to sea, other than on a voyage within river trade limits, manned by 1 less than the required number of deck officers, or 1 less than the required number of engineer officers or 1 less than the required number of officers in both departments: Provided that this section shall not apply unless- (a) all reasonable steps are taken to man the ship as required by this Regulation; (b) the Authority is notified of the facts before the ship proceeds and such notification is entered in the ship's official log book; (c) the master of the ship is satisfied that it is safe to proceed and enters a statement to that effect in the ship's official log book; and (d) the ship does not continue to be so undermanned for a period exceeding 28 days. (Enacted 1995) Cap 478J s 15 Additional requirements in respect of certain ships The Authority may make determinations in writing specifying any additional requirements as to the number of officers and the qualifications of such officers when they are manning particular ships, particular classes of ships or ships carrying particular cargoes or particular classes of cargoes. (Enacted 1995) Cap 478J s 16 Officers to act only in a capacity for which certificated PART VIII WATCHKEEPING REQUIREMENTS (1) Subject to subsection (2), an officer shall not man a station in a ship unless he holds a certificate of a class appropriate to the station. (2) Where- (a) an officer dies or is incapacitated while the ship is at sea; or (b) a ship proceeds to sea in the circumstances referred to in section 14,and there is no other officer who holds a certificate of a class appropriate to the station, the officer in the same department who holds a certificate of a class next below that first-mentioned certificate may man that station for a period not exceeding 28 days. (3) No person shall appoint or permit any officer to man a station except as permitted by this section. (Enacted 1995) Cap 478J s 17 Offences and penalties PART IX MISCELLANEOUS (1) Any person who, in connection with an application for or the issue of a certificate of competency or in connection with the endorsement, or extension of the validity, of a certificate of competency or certificate of service- (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) Any person who- (a) permits any other person to use a certificate of competency or of service to which that other person is not entitled; or (b) falsely pretends to be entitled to a certificate of competency or of service,commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years. (3) Where any person is convicted of an offence under subsection (1) or (2) or of the offence of fraud under section 16A of the Theft Ordinance (Cap 210) in relation to a certificate of competency or a certificate of service, or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a certificate of competency or a certificate of service, the Authority may cancel, or suspend for any period, the certificate of competency or certificate of service held by such person. (45 of 1999 s. 9) (4) The owner or the master of any ship who authorizes or permits the ship to proceed to sea in contravention of section 13, as read with any determinations made by the Authority under section 15, whether or not the ship so proceeds, commits an offence and is liable- (a) on conviction upon indictment, to a fine at level 6 and to imprisonment for 2 years; or (b) on summary conviction, to a fine at level 3 and to imprisonment for 2 years.(5) Any person who contravenes section 16 commits an offence and is liable- (a) on conviction upon indictment, to a fine at level 6 and to imprisonment for 2 years; or (b) on summary conviction, to a fine at level 3 and to imprisonment for 2 years. (Enacted 1995) Cap 478J s 18 Appeals Any person aggrieved by a decision of the Authority under section 8(2) or 10(2) to refuse to issue him a certificate or licence may appeal against the decision to the Administrative Appeals Board. (Enacted 1995) Cap 478J s 19 Certificates issued under the repealed Regulations deemed to be certificates issued under this Regulation (1) Any certificate issued under a provision of the repealed Regulations and in force immediately before the commencement of this Regulation shall be deemed to be a certificate issued under the corresponding provision of this Regulation and shall be subject to the same qualifications and limitations, if any, as were endorsed on that certificate immediately before that commencement, and the provisions of this Regulation shall apply accordingly. (2) Any certificate issued under a provision of the repealed Regulations which was, immediately before the commencement of this Regulation, suspended under the repealed Regulations shall, subject to subsection (3), be deemed, for the purposes of subsection (1), to be in force immediately before that commencement. (3) Where any certificate issued under a provision of the repealed Regulations is deemed by virtue of subsection (1) to be a certificate issued under a corresponding provision of this Regulation and was, immediately before the commencement of this Regulation, suspended under a provision of the repealed Regulations, then that certificate shall, in the like manner, be deemed to be suspended under the corresponding provision of this Regulation for the period concerned of such suspension left to serve immediately before that commencement, and the provisions of this Regulation shall apply accordingly. (4) For the purposes of this section, a reference in a certificate first-mentioned in subsection (1) to a dynamically supported ship shall be deemed to be a reference to a high-speed craft. (Enacted 1995)
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