(Cap 281 section 94) [12 February 1973] L.N. 19 of 1973 (L.N. 255 of 1972) Cap 281L reg 1 Citation These regulations may be cited as the Merchant Shipping (Trawler Survey) Regulations. Cap 281L reg 2 Interpretation In these regulations, unless the context otherwise requires- "certificate of survey" (验船证明书) means a certificate of survey issued under regulation 7; "declaration of survey" (验船声明书) means a declaration of survey under regulation 6; "Government surveyor" (政府验船师) means a Government surveyor appointed under section 26 of the Ordinance; "prescribed fee" (订明费用) means the fee prescribed in the Merchant Shipping (Fees) Regulations (Cap 281 sub. leg.) Cap 281L reg 3 Survey of trawlers (1) Every trawler shall be surveyed once at least in each year in the manner provided in these regulations. (2) A survey of a trawler shall include a survey of its hull, machinery and equipment for the purpose of certifying that it is fit for the service intended. Cap 281L reg 4 Trawler not to operate without certificate of survey (1) No trawler shall operate unless the master has in his possession a valid certificate of survey relating to the trawler. (2) A trawler may be detained by the Director until a valid certificate of survey is produced to him. Cap 281L reg 5 Application for survey (1) The owner, agent or master of a trawler shall cause the trawler to be surveyed under regulation 3. (2) An application for a survey under regulation 3 or 12(3) shall be made to the Director, accompanied by the prescribed fee for the survey and issue of a certificate of survey. Cap 281L reg 6 Conduct of survey and declaration of survey (1) A survey of a trawler shall be carried out by a Government surveyor. (2) In carrying out a survey, a Government surveyor shall comply with the Instructions to Surveyors contained in the First Schedule. (3) If, on completion of a survey, a Government surveyor is satisfied as to the sufficiency and good condition of the hull, machinery and equipment of a trawler he shall make a declaration of survey in Form 1 in the Second Schedule and forward it to the Director. Cap 281L reg 7 Issue of certificate of survey The Director shall, on receipt of a declaration of survey, issue to the owner, agent or master applying for the same a certificate of survey in Form 2 in the Second Schedule. Cap 281L reg 8 Display of certificate of survey The owner, agent or master of a trawler shall cause the certificate of survey in respect of the trawler to be exhibited in some conspicuous part of the trawler while the certificate remains in force and the trawler is in use. Cap 281L reg 9 Duration of certificate of survey A certificate of survey shall, subject to regulation 10, be issued for a period not exceeding twelve months. Cap 281L reg 10 Extension of certificate of survey (1) The Director may, on receipt of the prescribed fee, extend the validity of a certificate of survey for a period not exceeding two months from the date of expiry. (2) An application for an extension of a certificate of survey shall be made before the expiry of the certificate of survey. Cap 281L reg 11 Issue of duplicate certificate of survey (1) If the Director is satisfied that a certificate of survey has been lost, destroyed or defaced he may, on receipt of the prescribed fee, issue a duplicate certificate of survey. (2) A duplicate certificate of survey issued under paragraph (1) shall be endorsed in a conspicuous place with the word "Duplicate". Cap 281L reg 12 Cancellation of certificate of survey (1) The Director may cancel a certificate of survey if he has reason to believe that- (a) the declaration of survey has been fraudulently or erroneously made; (b) the certificate of survey has been issued upon false or erroneous information; (c) since the making of the declaration of survey, the hull, machinery or equipment of the trawler has sustained injury or has become otherwise insufficient; or (d) the certificated trawling master is not properly maintaining the hull, machinery and equipment of the trawler.(2) As soon as possible after the cancellation of a certificate of survey, the Director shall, by notice in writing served either personally or by registered post, inform the owner, agent or master of the trawler of the cancellation and of the reasons therefor. (3) If a certificate of survey is cancelled on any ground specified in paragraph (1)(a), (b) or (c), the Director may require the owner, agent or master to apply to have the hull, machinery or equipment of the trawler surveyed again and may, on receipt of a declaration of survey, re-issue the certificate of survey or issue a new certificate of survey. Cap 281L reg 13 Surrender of cancelled certificates of survey A certificate of survey which is cancelled under regulation 12 shall be delivered on demand to the Director by the owner, agent or master. Cap 281L reg 14 Approval of suitability in case of new vessels (1) Without prejudice to regulation 3, the Director may give approval of suitability as a trawler in respect of a vessel the keel of which is laid on or after the coming into operation of these regulations if the vessel is constructed in accordance with plans approved by the Director. (2) For the purposes of paragraph (1), plans in respect of the matters prescribed in paragraph 3 of the First Schedule shall be submitted to the Director for examination and approval before construction of a vessel is commenced. (3) The prescribed fee shall be paid for examination of such plans. Cap 281L reg 15 Appeal Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) A person aggrieved by a decision of the Director under regulation 10 or 12 may, within fourteen days after being informed of the decision, by notice in writing delivered to the Registrar of the High Court appeal to such judge, district judge, or magistrate as the Chief Justice may nominate, and upon appeal such decision may be confirmed, varied or set aside. (25 of 1998 s. 2) (2) A person aggrieved by a decision of a Government surveyor under regulation 6 may, within fourteen days after being informed of the decision, by notice in writing lodged with the Director, object to that decision and the Director may confirm, vary or set aside the decision of the Government surveyor. Cap 281L reg 16 Penalty Any owner, agent or master of a trawler who contravenes regulation 3, 4, 8 or 13 shall be guilty of an offence and shall on conviction be liable to a fine of one thousand dollars and imprisonment for six months. Cap 281L Sched 1 INSTRUCTIONS TO SURVEYORS [regulation 6(2)] SURVEY OF TRAWLERS 1. Examination of a trawler shall, if possible, be carried out in the presence of the owner, agent or master of the trawler. 2. A trawler shall be examined to ascertain whether it is fit for the service intended and in particular to ensure- (a) that the hull, superstructure and underwater fittings are in good condition and watertight. For the purpose of examining the hull, a trawler shall be dry docked or hauled out on a slipway; (b) that the watertight bulkheads and internal spaces are in good condition. If a Government surveyor considers it necessary, he may examine any internal space or require an hydraulic pressure test on any tank or watertight space; (c) that the protection of openings, guard rails and freeing ports is effective; (d) that the fuel oil tanks and piping installation are safe from undue risk of fire or explosion; (e) that the machinery installation is safe from undue risk of fire or explosion and is in satisfactory working condition for proceeding ahead and astern; (f) that the bilge pumping and draining systems are sufficient and in good working condition; (g) that the steering gear is in good working condition; (h) that the boilers and pressure vessels are safe. An external examination shall be carried out at least once in every 12 months and an internal examination at least once in every 24 months. A Government surveyor may require a hydraulic pressure test if the inside is inaccessible or for any other reason; (i) that it complies with the Merchant Shipping (Fire Appliances) Regulations (Cap 369 sub. leg.); (j) that it complies with the Merchant Shipping (Life Saving Appliances) Regulations (Cap 369 sub. leg.); (k) that its light and sound signals comply with the International Collision Regulations. 3. In the case of a survey of a new trawler, a Government surveyor shall, subject to paragraph 2, make a declaration of survey if the trawler has been constructed in accordance with plans approved by the Director under regulation 14. Such plans shall be in respect of- (a) the general arrangment, including arrangment of watertight bulkheads; (b) the construction, showing proposed scantlings; (c) propeller shafting and stern tube, showing materials, scantlings and design details; (d) fuel oil tanks and piping arrangement; (e) bilge pumping and draining arrangements; (f) fire fighting arrangements; (g) any other detail as may be required by the Director. 4. If survey of a trawler is carried out by more than one Government surveyor, each such surveyor shall make a declaration of survey respect of any item in the declaration of survey which concerns him and cancel the rest of the items. All such declarations of survey shall be considered together for the issue of a certificate of survey. Cap 281L Sched 2 [regulation 6(3)] FORM 1 MERCHANT SHIPPING (TRAWLER SURVEY) REGULATIONS DECLARATION OF SURVEY Name of Ship Port of Registry Official Number Gross Tonnage Name & Address of Owner, Agent or Master I hereby declare:- 1. That on ...................................... I completed the inspection of the above-named ship. 2. That the hull, closing appliances, freeing ports, guard rails, machinery installation, fuel oil installation, pressure vessels, bilge pumping and draining, and steering gear are in all respects satisfactory for the purpose intended, and will in my judgment be sufficient until ....................................................................................................................... 3. That the lifeboats, liferafts, their launching appliances and other life-saving appliances provide for a maximum total number of .................................................................... 4. That the life-saving appliances, navigation lights and shapes, means of making fight and sound signals are such and in such condition as are required by the Merchant Shipping (Life Saving Appliances) Regulations (Cap 281 sub. leg.) and the International Collision Regulations and will in my judgment be sufficient until .............................................................................................................................. 5. That the fire-extinguishing appliances are such and in such condition as are required by the Merchant Shipping (Fire Appliances) Regulations (Cap 281 sub. leg.) and will in my judgment be sufficient until ............................................................................. Dated at Hong Kong, this .......... day of .......................... 19 ........ .................................................. Government Surveyor _________ FORM 2 [regulation 7] MERCHANT SHIPPING (TRAWLER SURVEY) REGULATIONS CERTIFICATE OF SURVEY Name of Ship Port of Registry Official Number Gross Tonnage This is to certify:- 1. That the above-mentioned ship has been duly surveyed in accordance with the provisions of the Merchant Shipping (Trawler Survey) Regulations. 2. That the hull, closing appliances, freeing ports, guard rails, machinery installation, fuel oil installation, pressure vessels, bilge pumping and draining, and steering gear are in all respects satisfactory for the purpose intended. 3. That the lifeboats, liferafts, their launching appliances and other life-saving appliances provide for a maximum total number of .................................................................... 4. That the life-saving appliances, fire fighting appliances, navigation lights and shapes, means of making light and sound signals are such and in such condition as are required by the Merchant Shipping Ordinance (Cap 281). 5. That in all other respects the ship complies with the requirements of the Merchant Shipping Ordinance (Cap 281) as far as its provisions apply thereto. This certificate is issued by the Director of Marine, Hong Kong. It will remain in force, unless previously cancelled until ........................................................................................................ Issued at Hong Kong, the ................. day of ..................... 19 ......... ................................................... Director of Marine. (L.N. 543 of 1996)
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