| To consolidate and amend the law relating to the safety of merchant shipping and for purposes connected therewith. [25 November 1981] L.N. 366 of 1981 (Originally 63 of 1981) Cap 369 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Merchant Shipping (Safety) Ordinance. Cap 369 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 26 of 1998 s. 44 (1) In this Ordinance, unless the context otherwise requires- "cargo ship construction and survey regulations" (货船构造及检验规例) means the regulations made, or deemed to be made, under section 96; "collision regulations" (碰撞规例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg.); (Replaced 56 of 1990 s. 2) "Convention" (公约) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974; "court of survey" (验船法庭) means a court of survey appointed under section 74; "dangerous goods" (危险品) means any of the goods or substances to which the Dangerous Goods Ordinance (Cap 295) applies; "Director" (处长) means the Director of Marine; "fire-fighting appliances regulations" (消防装置规例) means the regulations made, or deemed to be made, under section 99; "life-saving appliances regulations" (救生装置规例) means the regulations made, or deemed to be made, under section 99; "master" (船长) includes every person (except a pilot) having command or charge of any ship; "Merchant Shipping Acts" (商船法令) means the Merchant Shipping Acts 1894 to 1979* and any United Kingdom enactment amending or replacing those Acts; "navigational equipment regulations" (导航设备规例) means the regulations made, or deemed to be made, under section 98; "owner" (船东) includes a charterer by demise; "passenger" (乘客) means any person carried in a ship, except- (a) a person employed or engaged in any capacity on board the ship on the business of the ship; (b) a person on board the ship either in pursuance of the obligation laid upon the master to carry ship-wrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the owner could have prevented or forestalled; and (c) a child under 1 year of age;"passenger ship" (客船) means a ship carrying more than 12 passengers; "passenger ship construction regulations" (客船构造规例) means the regulations made, or deemed to be made, under section 94; "radio regulations" (无线电规例) means the regulations made, or deemed to be made, under section 97; "ship" (船、船舶) includes any vessel used in navigation other than a vessel propelled by oars or a junk; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated according to British measurement of registered tonnage; "waters of Hong Kong" (香港水域) means waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44) (2) If any amendment or any Protocol to the Convention, or the Convention of 1966 referred to in Part IV, comes into force or if any Convention replaces either Convention references in this Ordinance to those Conventions shall, unless the context otherwise requires, be construed as references to the Conventions as amended or replaced. ___________________________________________________________________ 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 369 s 3 Application Save as otherwise provided in this Ordinance or in regulations made thereunder, this Ordinance shall apply to all ships except- (Amended 56 of 1989 s. 3) (a) ships of war; (b) fishing vessels; (c) pleasure vessels; and (d) vessels required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313). Cap 369 s 4 Interpretation PART II* SURVEY AND CERTIFICATES Preliminary (1) In this Part, unless the context otherwise requires- "accepted Convention certificate" (获认可的公约证明书) means a certificate in the form prescribed by the Convention or by the Protocol of 1988 relating to the Convention; (Amended 6 of 2000 s. 2) "cargo ship safety certificate" (货船安全证明书) means a cargo ship safety certificate issued under section 21A; (Added 6 of 2000 s. 2) "cargo ship safety construction certificate" (货船构造安全证明书) means a certificate issued under section 21(1); "cargo ship safety equipment certificate" (货船设备安全证明书) means a certificate issued under section 17(1); "cargo ship safety radio certificate" (货船无线电安全证明书) means a certificate issued under section 18(1); "Convention country" (公约国) means- (a) a country the government of which has been declared by Her Majesty in Council to have accepted the Convention, and has not been so declared to have denounced the Convention; or |
