(Cap 369 sections 97 and 107) [2 August 1991] (L.N. 329 of 1991) Cap 369AQ reg 1 Citation (1) These regulations may be cited as the Merchant Shipping (Safety) (Radio Installations Survey) Regulations. (2) (Omitted as spent) (Enacted 1991) Cap 369AQ reg 2 Interpretation In these regulations, unless the context otherwise requires- "anniversary date" (周年日期) means the date in each year corresponding to the date of expiry of the radio certificate; (L.N. 38 of 2000) "Government surveyor" (政府验船师) means a person appointed by the Secretary for Economic Development and Labour under section 5 of the Ordinance; (L.N. 106 of 2002) "Hong Kong ship" (香港船舶) means a ship which is registered in Hong Kong; "international voyage" (国际航程) means a voyage from a port in one country to a port in another country; "nominated surveyor" (指定验船师) means a surveyor nominated by the Director to undertake the surveys required by these regulations and includes a Government surveyor and a radio surveyor of the Department of Transport of the United Kingdom; "radio certificate" (无线电证明书) means a cargo ship safety radio certificate; (L.N. 135 of 1992) "radio installation" (无线电装设) means any radio installation provided on board a ship in compliance with the Radio Installations Regulations, including its associated antennae, inter-connecting circuits and, where appropriate, sources of electrical energy, and radio equipment for survival craft; (L.N. 135 of 1992) "Radio Installations Regulations" (无线电装设规例) means the Merchant Shipping (Safety) (Radio Installations) Regulations (Cap 369 sub. leg.) and the Merchant Shipping (Safety) (GMDSS Radio Installations) Regulation (Cap 369 sub. leg.); (L.N. 135 of 1992) "tons" (吨) means gross tons and- (a) in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.), means the larger of those tonnages; (b) in relation to a ship having its tonnage determined both under Part II and regulation 16 of those regulations, means its gross tonnage as determined under the said regulation 16. (L.N. 135 of 1992; 23 of 1998 s. 2) Cap 369AQ reg 3 Application and exemption (1) Subject to subregulation (2), these regulations apply to sea-going Hong Kong ships of 300 tons or more engaged on international voyages except- (a) passenger ships; and (b) ships not propelled by mechanical means.(2) The Director may grant exemptions from all or any of the provisions of these regulations for classes of cases or individual cases on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption. (Enacted 1991) Cap 369AQ reg 4 Surveys (1) The owner of every ship to which these regulations apply and in respect of which a radio certificate has not been issued or requires to be renewed, shall cause the same to be surveyed as soon as possible and thereafter at annual intervals by a nominated surveyor (subject to the provisions of regulation 5) and any application for a survey shall be accompanied by such information relating to the ship as the nominated surveyor may require for the purposes of the survey. (2) Every application for the survey of a ship under this regulation shall be made by or on behalf of the owner of the ship to the Director and be accompanied by the prescribed fee. (3) The survey referred to in subregulation (1) shall be as follows- (a) an initial survey before the ship is put in service or before a radio certificate is issued in respect of the ship for the first time. The initial survey shall include a complete inspection of the radio installations, including those used in life-saving appliances, of the ship to ensure that they comply with the requirements of the Radio Installations Regulations; (b) a renewal survey at intervals specified by the Director which shall not exceed 5 years for the renewal of a radio certificate. The renewal survey shall include an inspection of the radio installations, including those used in life-saving appliances, of the ship to ensure that they comply with the requirements of the Radio Installations Regulations; (c) a periodical survey within 3 months before or after each anniversary date of the radio certificate. The periodical survey shall include an inspection of the radio installations, including those used in life-saving appliances, of the ship to ensure that they comply with the requirements of the Radio Installations Regulations; (d) an additional survey, either general or partial according to the circumstances, whenever any important repairs or renewals are made. (L.N. 38 of 2000)(4) The nominated surveyor, if satisfied on the survey that he may properly do so, shall forward to the Director a Declaration of Survey containing such particulars of the ship and its radio installations as are required by the Director to enable him to issue a radio certificate in respect of the ship. (5) On completion of the periodical survey, the nominated surveyor shall, where he is satisfied that the survey has been carried out in accordance with subregulation (3)(c), endorse the radio certificate the fact that such survey has been completed. (L.N. 38 of 2000) (6) If a periodical survey is completed before the period specified in subregulation (3)(c) then- (a) a new date, which shall not be more than 3 months after the date on which the survey was completed, shall be endorsed by the nominated surveyor on the radio certificate to be the date for ascertaining subsequent anniversary dates; (b) the subsequent periodical survey required under subregulation (3)(c) shall be carried out at the intervals prescribed by that subregulation using the new date in paragraph (a) as the anniversary date; and (c) the expiry date of the certificate may remain unchanged provided one or more periodical surveys are carried out so that the maximum intervals between the surveys prescribed by subregulation (3)(c) are not exceeded. (L.N. 38 of 2000)(7) If the ship is not surveyed in accordance with subregulation (3)(c) or (d), the Director may cancel its radio certificate. The Director shall notify the owner of the ship in writing of the cancellation specifying the grounds therefor and the date on which it takes effect. (L.N. 38 of 2000) (Enacted 1991) Cap 369AQ reg 4A Duration and extension of radio certificate (1) A radio certificate shall be valid for 5 years from the date of issue or for such shorter period as may be specified in the certificate. (2) Where a ship in respect of which a radio certificate has been issued is registered in Hong Kong and engaged on short voyages, and the certificate has not been extended under section 29 of the Ordinance nor this regulation, the Director may, on the application of the owner, agent or master of the ship, grant an extension of the certificate for a period not exceeding 1 month from the date of expiry of the certificate. (3) Where a renewal survey of a ship in respect of which an extension of a radio certificate is granted under subregulation (2) is completed, the new radio certificate issued in consequence of the survey shall be valid for 5 years from the date of expiry of the existing certificate before the extension was granted or for such shorter period as may be specified in the certificate or, if the Director considers it is appropriate in the special circumstances of the case, valid for 5 years from the date of completion of the renewal survey or for such shorter period as may be specified in the certificate. (L.N. 38 of 2000) Cap 369AQ reg 5 Surveys by Government surveyors The Director may require that a survey made pursuant to regulation 4 in the waters of Hong Kong shall be carried out by a Government surveyor. (Enacted 1991) Cap 369AQ reg 6 Responsibilities of owner and master Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) The owner or master of every ship in relation to which these regulations apply shall ensure that- (a) the condition of the radio installations is maintained so as to comply with the Radio Installations Regulations applicable to the ship; (L.N. 135 of 1992) (b) after any survey required by these regulations has been completed, no material change shall be made in the radio installations subject to such survey without the approval of the Director; and (c) whenever an accident occurs to a ship or a defect is discovered either of which affects the efficiency or completeness of its radio installations, it shall be reported at the earliest opportunity to the Director who shall cause investigations to be initiated to determine whether a survey by a nominated surveyor is necessary and shall in that event require such a survey to be carried out. If the ship is outside the waters of Hong Kong the master or owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated. (23 of 1998 s. 2)(2) The nominated surveyor shall ascertain from the appropriate authorities of the country in which the port is situated that the report referred to in subregulation (1)(c) has been made. (Enacted 1991) Cap 369AQ reg 7 Procedure to be adopted when radio installations are deficient (1) In any case where the nominated surveyor determines that the condition of the radio installations does not correspond substantially with the particulars of the radio certificate or is such that the ship is not fit to proceed to sea without danger to the ship or persons on board, the nominated surveyor shall advise the owner or master of the corrective action which in his opinion is required, and shall notify the Director. (2) If such corrective action is not taken within such period (being a reasonable period) as the nominated surveyor may specify, the nominated surveyor shall, at the end of that time, immediately notify the Director who may, on receipt of such notification, suspend the validity of the radio certificate issued in relation to the ship. The Director shall give notice of any such suspension to the owner and to the nominated surveyor; the nominated surveyor shall notify the master. (3) The master shall thereupon deliver up the certificate issued in relation to the ship to the nominated surveyor on demand and the owner shall on receipt of notice of suspension deliver up the duplicate certificate to the Director. (4) When the nominated surveyor is satisfied that corrective action has been taken he shall notify the Director. The Director shall thereupon, in any case where the validity of the certificate has been suspended- (a) restore the validity of the certificate; (b) give notice thereof to the owner; and (c) return the duplicate certificate to the owner.The nominated surveyor shall return the certificate issued in relation to the ship to the master. (5) Where the ship is not within the waters of Hong Kong and corrective action in accordance with subregulation (2) has not been taken, the nominated surveyor shall in addition immediately notify the appropriate authorities of the country in which the port is situated. (Enacted 1991) Cap 369AQ reg 8 Penalties If the owner or master of a ship to which these regulations apply fails to comply with regulation 4(3)(a), (b) or (c), 6(1) or 7(3), the owner or master shall each be guilty of an offence and liable on conviction to a fine of $5000. (Enacted 1991. L.N. 38 of 2000)
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