(Cap 369 sections 96, 110 and 112A) [2 August 1991] (L.N. 288 of 1991) Cap 369T reg 1 Citation (1) These regulations may be cited as the Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) Regulations. (2) (Omitted as spent) (Enacted 1991) Cap 369T reg 2 Interpretation In these regulations, unless the context otherwise requires- "anniversary date" (周年日期) means the date in any year corresponding to the date of expiry of the cargo ship safety equipment certificate; "Certifying Authority" (核证当局) means the Director or any person approved by the Secretary for Economic Development and Labour under section 8 of the Ordinance; (L.N. 106 of 2002) "Government surveyor" (政府验船师) means a surveyor 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 registered in Hong Kong; "safety equipment" (安全设备) means life-saving appliances (except radio installations), the shipborne navigational equipment, fire safety systems and appliances, means of embarkation of pilots, nautical publications, lights, shapes and means of making sound signals; (L.N. 130 of 1992) "Safety Regulations" (安全规例) means- (a) the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); (b) the Merchant Shipping (Safety) (Fire Appliances) (Ships Built On or After 25 May 1980 but Before 1 September 1984) Regulations (Cap 369 sub. leg.); (c) the Merchant Shipping (Safety) (Fire Protection) (Ships Built Before 25 May 1980) Regulations (Cap 369 sub. leg.); (d) the Merchant Shipping (Safety) (Fire Protection) (Ships Built On or After 1 September 1984) Regulations (Cap 369 sub. leg.); (e) the Merchant Shipping (Safety) (Life-Saving Appliances) Regulation (Cap 369 sub. leg.); (L.N. 155 of 2001) (f) (Repealed L.N. 155 of 2001) (g) the Merchant Shipping (Safety) (Navigational Equipment) Regulations (Cap 369 sub. leg.); (h) the Merchant Shipping (Safety) (Pilot Ladders and Hoists) Regulations (Cap 369 sub. leg.); and (i) the Merchant Shipping (Safety) (Carriage of Nautical Publications) Regulations (Cap 369 sub. leg.); (L.N. 130 of 1992)"surveyor" (验船师) means a surveyor appointed by a Certifying Authority, a Government surveyor or a marine surveyor of the United Kingdom Department of Transport appointed under section 724 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.)#; "tanker" (液货船) means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature; "tons" (吨) means gross tons and a reference to tons- (a) in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 of the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.) is a reference to the larger of these 2 tonnages; and (b) in relation to a ship having its tonnages determined under both Part II and regulation 16 of those regulations is a reference to its gross tonnage as determined under regulation 16 of those regulations. (Enacted 1991)___________________________________________________________________ Note: # Please also see following- (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508; (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478. Cap 369T reg 3 Application These regulations apply to Hong Kong ships of 500 tons or over engaged in international voyages. (Enacted 1991) Cap 369T reg 4 Initial and renewal surveys before issue of a cargo ship safety equipment certificate (1) The owner or master of a ship to which these regulations apply and in respect of which a cargo ship safety equipment certificate has not been issued or is required to be renewed, shall have the ship surveyed by a surveyor. (2) Every application for the survey of a ship under this regulation shall be made by or on behalf of the owner or master of the ship to the Certifying Authority and shall be accompanied by such information relating to the ship as the surveyor may require for the purposes of the survey. (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 cargo ship safety equipment certificate is issued in respect of the ship for the first time. The initial survey shall include a complete inspection of the safety equipment of the ship to ensure that the equipment complies with the requirements of the Safety Regulations, is in satisfactory condition and is fit for the service for which the ship is intended; (b) a renewal survey at intervals specified by the Director which shall not exceed 5 years for the renewal of a cargo ship safety equipment certificate. The renewal survey shall include an inspection of the safety equipment of the ship to ensure that the equipment complies with the requirements of the Safety Regulations, is in satisfactory condition and is fit for the service for which the ship is intended. (L.N. 34 of 2000)(4) The surveyor, having carried out a survey under subregulation (3), if satisfied that he may properly do so, shall issue a declaration of survey containing such particulars of the relevant ship and its equipment as are required by the Certifying Authority to enable a cargo ship safety equipment certificate to be issued in respect of the ship. (5) A cargo ship safety equipment certificate shall be valid for 5 years from the date of issue or for such shorter period as may be specified in the certificate. The certificate shall be supplemented by a Record of Equipment. (L.N. 34 of 2000) (6) Where a renewal survey of the ship in respect of which an extension of the cargo ship safety equipment certificate is granted under regulation 5A is completed, the new cargo ship safety equipment 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. 34 of 2000) (7) In this regulation, "Record of Equipment" (设备纪录) means a record issued by the Director or a person authorized by him setting out the details of safety equipment provided on a ship on the date of issue of the cargo ship safety equipment certificate. (L.N. 34 of 2000) (Enacted 1991) Cap 369T reg 5 Periodical and annual surveys (1) The owner or master of a ship in respect of which a cargo ship safety equipment certificate has been issued shall, so long as the certificate remains in force, have the ship surveyed at the intervals and in the manner specified in subregulations (2) and (4), for the purpose of seeing whether the certificate should remain in force, and if the ship is not so surveyed, the Director may cancel the certificate. (2) The survey referred to in subregulation (1) shall be as follows- (a) a periodical survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the cargo ship safety equipment certificate, which shall take the place of an annual survey to be carried out in the same year in which the periodical survey is carried out. The periodical survey shall include an inspection of the safety equipment of the ship to ensure that the equipment complies with the requirements of the Safety Regulations, is in satisfactory condition and is fit for the service for which the ship is intended; (b) an annual survey within 3 months before or after each anniversary date of the cargo ship safety equipment certificate. The annual survey shall include a general inspection of the safety equipment of the ship to ensure that the equipment has been maintained in accordance with the requirements of the Safety Regulations, and that it remains in satisfactory condition and is fit for the service for which the ship is intended and to ensure that the ship in all respects remains fit to proceed to sea without danger to the ship or persons on board. (L.N. 34 of 2000)(2A) If a periodical survey is completed before the period specified in subregulation (2)(a) 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 surveyor on the cargo ship safety equipment certificate to be the date for ascertaining subsequent anniversary dates; (b) the subsequent annual survey required under subregulation (2)(b) 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 annual surveys are carried out so that the maximum intervals between the surveys prescribed by subregulation (2)(b) are not exceeded. (L.N. 34 of 2000)(2B) If an annual survey is completed before the period specified in subregulation (2)(b) 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 surveyor on the cargo ship safety equipment certificate to be the date for ascertaining subsequent anniversary dates; (b) the subsequent periodical or annual survey required under subregulation (2)(a) or (b) 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 or annual surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by subregulation (2)(a) or (b) are not exceeded. (L.N. 34 of 2000)(3) Every application for the survey of a ship under this regulation shall be made by or on behalf of the owner or master of the ship to the Certifying Authority and shall be accompanied by such information relating to the ship as the surveyor may require for the purposes of the survey. (4) Without prejudice to the generality of subregulation (2), the surveyor, in carrying out the periodical and annual surveys under subregulation (2) shall survey the ship to which the application relates in accordance with the procedures specified in Schedule 1 and shall satisfy himself- (L.N. 34 of 2000) (a) that such parts of the ship and its equipment specified in Schedule 1 as are the subject of the application for survey remain in satisfactory condition and are fit for the service for which the ship is intended; and (L.N. 440 of 1993; L.N. 34 of 2000) (b) that no material alterations have been made in the equipment of the ship to which the cargo ship safety equipment certificate relates without the approval of the Director. (5) On completion of the periodical or annual survey, the surveyor shall, where he is satisfied that the survey has been carried out in accordance with subregulations (2) and (4), endorse the cargo ship safety equipment certificate the fact that such survey has been completed. (L.N. 34 of 2000) (6) If the Director cancels the certificate under subregulation (1), he 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. 34 of 2000) (Enacted 1991) Cap 369T reg 5A Extension of certificate Where a ship in respect of which a cargo ship safety equipment 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. (L.N. 34 of 2000) Cap 369T reg 6 Surveys by Government surveyor (1) Without prejudice to the requirements under regulation 4 or 5, the owner or master of a ship may, by an application to the Director, request a survey required under regulation 4 or 5 to be carried out by a Government surveyor. (2) An application under this section shall be accompanied by a fee as set out in Schedule 3. (L.N. 90 of 1999 and 44 of 1999 s. 36) Cap 369T reg 7 (Repealed L.N. 90 of 1999 and 44 of 1999 s. 37) Cap 369T reg 8 Responsibilities of owner and master (1) The owner or master of any ship to which a survey has been carried out pursuant to these regulations shall ensure that- (a) the condition of the safety equipment is maintained so as to comply with the relevant Safety Regulations; (b) after any survey pursuant to these regulations has been completed, no material change is made in the safety equipment concerned without the approval of the Director; and (c) if an accident occurs to the relevant ship or a defect is discovered which affects the safety of the ship or the efficiency or completeness of the ship's safety equipment, the accident or defect shall be reported at the earliest opportunity to the Director, who shall cause investigations to be initiated to determine whether a survey by a surveyor is necessary and shall in that event require such a survey to be carried out. If, when the accident occurs or the defect is discovered, the ship is in a port outside 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.(2) The 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 369T reg 9 Procedure to be adopted when safety equipment is deficient (1) Where on a survey pursuant to regulation 5, the surveyor determines that the condition of the safety equipment does not correspond substantially with the particulars of the cargo ship safety equipment certificate, the surveyor shall by a notice in writing inform the owner or master what corrective action in his opinion needs to be done and the time within which it ought to be done and give the Director a copy of the notice. (2) (a) Where a notice is given under subregulation (1), and the corrective action specified in the notice has not been done or taken within the period specified in the notice, the surveyor shall notify the Director who may, on receipt of such notification, suspend the validity of the cargo ship safety equipment certificate issued in relation to the ship; and (b) when the validity of a certificate is suspended pursuant to this regulation the Director shall give notice of the suspension to the owner of the ship concerned and to the surveyor by whom the relevant survey was given and the surveyor shall, in turn, notify the master concerned.(3) When a notice is given pursuant to subregulation (2)(b), the master concerned shall deliver up the certificate issued under these regulations to the surveyor by whom the notice was given on demand and the owner shall deliver up the duplicate certificate to the Director. (4) When the validity of a certificate has been suspended pursuant to subregulation (2)(b) and the surveyor is satisfied that the notice under subregulation (1) has been complied with- (a) he shall notify the Director who shall as soon as may be- (i) lift the suspension; (ii) inform the relevant owner in writing of the lifting of the suspension; and (iii) return the duplicate certificate to such owner; and(b) he shall return the certificate issued in relation to the ship, to the master.(5) Where the ship proceeds on voyage from Hong Kong to another port before corrective action in accordance with subregulation (1) has been taken, the surveyor shall immediately notify the appropriate authorities of the country in which the port is situated. (Enacted 1991) Cap 369T reg 10 Amendment of Schedules The Director may amend the Schedules by notice published in the Gazette. (Enacted 1991) Cap 369T reg 11 Penalties The owner or master of a ship who contravenes regulation 4(1), 5(1) or 8(1) commits an offence and is liable to a fine of $10000 and imprisonment for one year. (Enacted 1991. L.N. 90 of 1999 and 44 of 1999 s. 38) Cap 369T Sched 1 PERIODICAL AND ANNUAL SURVEYS [regulation 5] PERIODICAL AND ANNUAL SURVEYS (L.N. 34 of 2000) In general the scope of the periodical and annual surveys shall be as follows- (L.N. 34 of 2000) 1. It shall consist of- (a) an examination of the ship's certificates; and (b) a visual examination of sufficient extent together with certain tests of the ship's safety equipment to confirm that its condition is being properly maintained. 2. It shall also include a visual examination to confirm that no unauthorized modifications have been made to the ship's safety equipment. 3. The thoroughness or stringency of the survey shall depend upon the condition of the ship's safety equipment. 4. If any doubt arises as to the condition of the ship's safety equipment further examination and testing shall be conducted as the surveyor deems necessary. SURVEY 1. Examination of ship's certificates The examination of the ship's certificates in general shall consist of checking- (a) the validity of the Cargo Ship Safety Construction Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio Certificate and Exemption Certificates; (L.N. 11 of 1992) (b) the validity of the International Load Line Certificate, or the International Load Line Exemption Certificate; and (c) the certificate of class if the ship is classed with a classification society. 2. Survey of the life-saving appliances and other equipment The survey shall consist of- (a) confirming that any new equipment has been properly approved before installation and that no changes have been made such as will affect the validity of the Cargo Ship Safety Equipment Certificate; (b) an examination of the ship's Official Log Book to establish that the required musters, training, emergency procedures and inspections of lifeboat equipment have been carried out as required by the Merchant Shipping (Safety) (Musters and Training) Regulations (Cap 369 sub. leg.), together with posting of the appropriate Muster List as required by those regulations; (c) an examination of all lifeboats, davits, embarkation arrangements and launching gear in position, as far as practicable. If practicable, one of the lifeboats shall be lowered to the water; (d) an examination of the lifeboat engines, if permitted by cargo handling conditions, to establish that they will readily start and operate in the ahead and astern mode; (e) checking that the inflatable liferafts have been serviced during the past 12 months, provided that in any case where this has not been practicable such interval has not been exceeded by more than 3 months; checking that stowage will facilitate proper release and that launching instructions are posted. The embarkation arrangement of inflatable liferafts shall also be examined and, when provided, the launching arrangement of davit launched liferafts; (f) checking the provision of radio equipment for survival craft; (g) checking that lifebuoys are in good condition and that the required number are fitted with self-igniting lights and self-activating smoke signals and that all are properly stationed; (h) checking that rigid liferafts are in good condition and that their stowage will facilitate rapid launching; (i) checking the stowage of life-jackets and a random examination of their condition, and that they are adequate in number; (j) checking that ship and lifeboat distress signals and the line-throwing appliance rockets are not out of date; and (k) a test of the emergency lighting and general alarm system. 3. Survey of the fire appliances The survey shall consist of- (a) ascertaining whether or not any fire has occurred on board necessitating the operation of the fixed fire extinguishing systems, or the portable fire extinguishers since the last survey; (b) confirming that fire control plans are properly posted; (c) examination as far as possible and testing, where feasible, of the fire and/or smoke detection systems; (d) an examination of the fire main system and confirming that each fire pump including the emergency fire pump can be operated separately so that the 2 required jets of water can be produced simultaneously from different hydrants; (e) confirming that fire hoses, nozzles and applicators are in good working condition and in their correct positions; (f) an examination of fixed fire-fighting system controls, piping, instructions and marking; checking for evidence of proper maintenance and servicing, including date of last systems tests; (g) confirming that all non-portable and portable fire extinguishers are in their correct positions; checking for evidence of proper maintenance and servicing; conducting a random check for evidence of discharged containers; (h) confirming, as far as practicable, that the remote controls for stopping fans and machinery and for shutting off fuel supplies in machinery spaces are in working order; (i) an examination of the closing arrangements for ventilators, funnel annular spaces, skylights, doorways and tunnels, where applicable; (j) confirming that the fireman's outfits are complete and in good condition and that the cylinders of any required self-contained breathing apparatus are charged. 4. Survey of the navigational equipment The survey shall consist of- (a) checking that navigation lights, shapes, sound signalling equipment and daylight signalling lamps are in order; (b) checking that the compass deviation record book is properly maintained; (c) checking that the radar, echo-sounder, gyro-compass and direction finder installation are in working order; (d) checking that pilot ladders, associated equipment and mechanical pilot hoists are in good condition and operational; and (e) checking that the nautical publications and charts are adequate for the ship's intended trading programme and that they comply with the requirements of the Merchant Shipping (Safety) (Carriage of Nautical Publications) Regulations (Cap 369 sub. leg.). 5. Additional survey for tankers The survey shall consist of- (a) an external examination of the piping of the cargo pumproom fixed fire-fighting system; (b) confirming that the deck foam system and deck sprinkler system are in satisfactory operating condition,and for the inert gas systems, when fitted, the survey shall consist of- (i) an external examination of the condition of all piping and components for signs of corrosion or gas leakage or effluent leakage; (ii) confirming of the proper operation of both inert gas blowers; (iii) observing the operation of the scrubber room ventilation system; (iv) checking as far as practicable the deck water seal for automatic filling and draining and checking for presence of water carry-over and checking the condition of the non-return valve; (v) checking as far as practicable the operation of all remotely operated or automatically controlled valves and, in particular, the flue gas isolating valves; (vi) testing the interlocking feature of soot blowers; (vii) observing that the gas pressure regulating valve automatically closes when the inert gas blowers are stopped; and (viii) checking as far as practicable the following alarms and safety devices of the inert gas system using simulated conditions where necessary- (A) high oxygen content of gas in the inert gas main; (B) low gas pressure in the inert gas main; (C) low pressure in the supply to the deck water seal; (D) high temperature of gas in the inert gas main; (E) low water pressure to the scrubber; (F) accuracy of portable and fixed oxygen measuring equipment by means of calibration gas. (Enacted 1991) Cap 369T Sched 2 (Repealed L.N. 34 of 2000) Cap 369T Sched 3 FEES FOR CARGO SHIP SAFETY EQUIPMENT CERTIFICATE SURVEYS [regulation 6] FEES FOR CARGO SHIP SAFETY EQUIPMENT CERTIFICATE SURVEYS (L.N. 90 of 1999 and 44 of 1999 s. 39) Item Purpose or service Fee $ 1. For the initial survey of a ship for the issue in duplicate of a safety equipment certificate or a qualified safety equipment certificate together with an exemption certificate, in the case of a ship of- (a) 500 tons or over but under 1600 tons 103160 (b) 1600 tons or over but under 3000 tons 154950 (c) 3000 tons or over but under 10000 tons 206330 (d) 10000 tons or over but under 15000 tons 257700 (e) 15000 tons or over 308660 Note: The fees prescribed in this item include examination and approval of plans relating to the arrangement of safety equipment. 2. For the annual, intermediate or renewal survey of a ship for endorsement or re-issue of a safety equipment certificate or a qualified safety equipment certificate together with an exemption certificate, in the case of a ship of- (a) 500 tons or over but under 1600 tons 16160 plus $8340 for each visit after the second. (b) 1600 tons or over but under 3000 tons 24005 plus $8340 for each visit after the second. (c) 3000 tons or over but under 10000 tons 32310 plus $8340 for each visit after the second. (d) 10000 tons or over but under 15000 tons 35750 plus $8340 for each visit after the second. (e) 15000 tons or over 39160 plus $8340 for each visit after the second. 3. For the annual, intermediate or renewal survey and issue in duplicate of a safety equipment certificate for a period of validity of less than 24 months 1/24 of the appropriate fee in item 2 for each month or part of a month but not less than 1/4 of the appropriate fee in item 2. 4. (Repealed L.N. 90 of 1999 and 44 of 1999 s. 39) (L.N. 243 of 1992; L.N. 343 of 1993; L.N. 348 of 1994; L.N. 280 of 1995)
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