| (Cap 369 sections 104, 107 and 112) [2 August 1991] (L.N. 295 of 1991) Cap 369AA reg 1 Citation (1) These regulations may be cited as the Merchant Shipping (Safety) (Grain) Regulations. (2) (Omitted as spent) (Enacted 1991) Cap 369AA reg 2 Interpretation In these regulations, unless the context otherwise requires- "angle of flooding (f1)" (进水角(f1)) means the angle of heel at which openings in the hull, superstructures or deckhouses, which cannot be closed weathertight, immerse; (L.N. 319 of 1995) "Certifying Authority" (核证当局) means the Director or any person authorized by the Director where appropriate; "existing ship" (现有船舶) means a ship the keel of which was laid or which was at a similar stage of construction before 25 May 1980; "filled compartment, trimmed" (已平舱满载舱) means any cargo space in which, after loading and trimming as required under paragraph 1(b) of the Schedule, the bulk grain is at its highest possible level; (L.N. 319 of 1995) "filled compartment, untrimmed" (未平舱满载舱) means a cargo space which is filled to the maximum extent possible in way of the hatch opening but which has not been trimmed outside the periphery of the hatch opening; (L.N. 319 of 1995) "grain" (谷物) includes wheat, maize, oats, rye, barley, rice, pulses and seeds whether in natural form or in such a processed form that its characteristics resemble those of its natural form with regard to liability to shift when loaded; "the Grain Code" (《谷物规则》) means the International Code for Safe Carriage of Grain in Bulk adopted by the Maritime Safety Committee of the International Maritime Organization on 23 May 1991 by Resolution MSC. 23(59) as may be amended by the International Maritime Organization; (L.N. 319 of 1995) "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "loader" (装载人) means the person undertaking the loading of grain in bulk into a ship; "new ship" (新船舶) means a ship the keel of which is laid or which is at a similar stage of construction on or after 25 May 1980; "partly filled compartment" (部分填载舱) means any compartment in which bulk grain is loaded which is not a filled compartment; "the 1960 Safety Convention" (《1960年安全公约》) means the International Convention for the Safety of Life at Sea 1960; "specially suitable compartment" (特别适装舱) means a cargo space constructed with not less than 2 vertical or sloping, longitudinal, grain-tight divisions which- (a) are- (i) coincident with the hatch side girders; or (ii) so positioned as to limit the effect of any transverse shift of grain; and(b) have, if sloping, an inclination of not less than 30 degrees to the horizontal; (L.N. 319 of 1995)"stowage factor" (积载因数) means, for the purposes of calculating the grain heeling moment caused by a shift of grain, the volume per unit weight of the cargo as attested by the loading facility; (L.N. 319 of 1995) "surveyor" (验船师) means a person appointed under section 5(1) of the Merchant Shipping (Safety) Ordinance (Cap 369) or a marine surveyor of the United Kingdom Department of Transport. (Enacted 1991. L.N. 319 of 1995) Cap 369AA reg 3 Application (1) Subject to subregulation (2), these regulations apply in relation to- (a) sea-going Hong Kong ships; and (b) other sea-going ships while they are within the waters of Hong Kong,when loaded with grain in bulk. (2) These regulations shall not apply to any ship which is not a Hong Kong ship if it would not have been within the waters of Hong Kong but for stress of weather or any other circumstance which neither the owner nor the master of the ship could have prevented or forestalled: Provided that if any such ship then loads grain in bulk in the waters of Hong Kong these regulations shall apply to it. (Enacted 1991) Cap 369AA reg 4 Carriage of grain (1) Where grain in bulk is loaded on board any Hong Kong ship, or is loaded within the waters of Hong Kong on board any other ship, it shall be loaded- (a) in the case of a new ship, in accordance with the loading arrangements prescribed in the Grain Code contained in the Schedule hereto or with arrangements permitted by the Director under regulation 9 as equivalent thereto; or (L.N. 319 of 1995) (b) in the case of an existing ship, in accordance with the loading arrangements prescribed in- (i) the Grain Code contained in the Schedule hereto; or (L.N. 319 of 1995) (ii) regulation 12 of Chapter VI of the 1960 Safety Convention; or (iii) IMO Resolution A.184 (VI); or (iv) IMO Resolution A.264 (VIII)(the "IMO Grain Rules"); or (v) in accordance with arrangements permitted by the Director under regulation 9 as equivalent thereto.(2) Where there is a contravention of subregulation (1)(a) or (b) and such loading arrangements are not complied with the owner, master and charterer of the ship commit an offence and each is liable to a fine not exceeding $20000 and to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment. |
