Cap. 369 sub. leg. AY

Merchant Shipping (Safety) (Life-Saving Appliances and Arrangements, Musters and Training) Regulation(L.N. 85 of 2017)(Cap. 369, sections 99, 107, 112 and 112B)(Enacting provision omitted—E.R. 3 of 2024)[26 October 2001] L.N. 226 of 2001(Format changes—E.R. 3 of 2024) 1. (Omitted as spent—E.R. 3 of 2024) 2. Interpretation (1) For the purposes of Chapter III of the Convention and the LSA Code that are in force in Hong Kong by virtue of this Regulation, and for the purpose of this Regulation, unless the context otherwise requires—1974 Chapter III (《1974年第III章》) means the original text of Chapter III of the Convention contained in the Annex to Attachment I to the Final Act of the International Convention for the Safety of Life at Sea, 1974 done on 1 November 1974;1996 Chapter III (《1996年第III章》) means the text of Chapter III of the Convention contained in the Annex to Resolution MSC. 47(66) adopted by the Maritime Safety Committee of the Organization on 4 June 1996, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 85 of 2017)cargo ship (貨船) means any ship which is not a passenger ship, pleasure craft or fishing vessel;Chapter II-1 (《第II-1章》) means Chapter II-1 of the Annex to the Convention, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 152 of 2021) constructed (建造), in relation to a ship, means the stage at which— (a) the keel of the ship is laid; (b) construction identifiable with the ship begins; or (c) assembly of the ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less; (L.N. 85 of 2017) fishing vessel (漁船) means a vessel used for catching (otherwise than for sport) fish, whales, seals, walrus or other living resources of the sea and includes a fishery research vessel;gross tonnage (總噸), in relation to a ship, means the gross tonnage of the ship determined in accordance with the Merchant Shipping (Registration) (Tonnage) Regulations (Cap. 415 sub. leg. C); (L.N. 85 of 2017)Hong Kong ship (香港船舶) means a ship registered in Hong Kong; (L.N. 85 of 2017)LSA Code (《規則》) means the International Life-Saving Appliance (LSA) Code adopted by the Maritime Safety Committee of the Organization by Resolution MSC. 48(66), as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 85 of 2017)non-Hong Kong ship (非香港船舶) means a ship other than a Hong Kong ship;Organization (組織) means the International Maritime Organization;person (人) means a person over the age of one year;pleasure craft (遊樂航行器) means a vessel (other than a passenger ship and a ship engaged in a trade) primarily used for sport or recreation;Type A ship (甲類船舶) means a ship constructed before 1 July 1998; (L.N. 85 of 2017)Type B ship (乙類船舶) means a ship constructed on or after 1 July 1998; (L.N. 85 of 2017)voyage (航行) includes an excursion. (L.N. 85 of 2017)(L.N. 85 of 2017; E.R. 3 of 2024)(2)-(3) (Repealed L.N. 85 of 2017) 3. Application (1) Subject to subsections (2) and (3) and sections 4 and 4B, this Regulation applies to all Hong Kong ships wherever they may be and non-Hong Kong ships while they are within Hong Kong waters. (L.N. 85 of 2017)(2) This Regulation does not apply to— (L.N. 102 of 2023)(a) warships and naval auxiliary;(b) fishing vessels;(c) pleasure crafts;(d) (Repealed 24 of 2005 s. 55)(e) cargo ships of less than 500 gross tonnage. (L.N. 85 of 2017)(3) This Regulation does not apply to a non-Hong Kong ship flying the flag of a state which is not a party to the Convention by reason of its being within Hong Kong waters if it would not have been there but for stress of weather or any other circumstances which could not have been prevented or forestalled by the master or the owner.(L.N. 102 of 2023) 4. Application of Chapter III of Convention: life-saving appliances and arrangements (1) This section does not apply to a ship that has no mechanical propulsion system.(2) The owner and the master of a Type B ship must ensure that—(a) the life-saving appliances and arrangements required by 1996 Chapter III are provided on the ship in compliance with that Chapter;(b) the requirements relating to life-saving appliances and arrangements specified in 1996 Chapter III are complied with in respect of the ship; and(c) the requirements relating to the following matters specified in 1996 Chapter III are complied with in respect of the ship—(i) the provision of plans and procedures for recovery of persons from the water under Regulation 17-1 of that Chapter; and(ii) for a passenger ship—the provision of a passenger muster station of a size specified in Regulation 25 of that Chapter.(3) The master of a Type B ship that is a passenger ship must ensure that the following actions specified in 1996 Chapter III are taken in respect of the ship—(a) the collection of passenger information for search and rescue purpose under Regulation 27 of that Chapter; and(b) the provision of decision support systems for emergency management under Regulation 29 of that Chapter.(4) The owner and the master of a Type A ship must ensure that—(a) the life-saving appliances and arrangements required by the applicable Chapter III are provided on the ship in compliance with that Chapter;(b) the requirements relating to life-saving appliances and arrangements specified in the applicable Chapter III are complied with in respect of the ship; and(c) the additional requirements specified in section 4A are complied with in respect of the ship.(5) If a ship is equipped with on-load release mechanisms for launching lifeboats, the owner and the master of the ship must ensure that the mechanisms or, if the mechanisms are replaced, the replacement mechanisms comply with Regulation 1.5 of 1996 Chapter III on or before 1 July 2019.(6) (Repealed L.N. 102 of 2023)(7) The life-saving appliances and arrangements provided in compliance with 1996 Chapter III must be of a type approved by the Administration in accordance with Regulation 4 of that Chapter after taking into account the relevant performance standard, recommendations and code of practice adopted by the Organization.(8) The life-saving appliances and arrangements mentioned in this section are life-saving appliances referred to in section 44 of the Ordinance.(9) A master who contravenes subsection (3)(a) or (b) commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.(10) In this section—(a) a reference to life-saving appliances and arrangements includes a reference to boats, lifeboats, rescue boats, liferafts, line-throwing appliances, lifejackets, lifebuoys, immersion suits, thermal protection aids, buoyant apparatus, communications equipment, davit and launching arrangements, and similar equipment and arrangements;(b) a reference to the requirements relating to life-saving appliances and arrangements includes a reference to the availability, marking, inspection, testing, examination, stowage, arrangement, recovery, launching, maintenance and operation of, and lighting for, the appliances and arrangements; and(c) a reference to the requirements of 1996 Chapter III includes a reference to the applicable requirements of the LSA Code as specified in the Chapter.(11) In this section— Administration (主管機關) means— (a) the Director; or (b) the government of a place outside Hong Kong that is a party to the Convention; applicable Chapter III (《適用版第III章》), in relation to a Type A ship, means Chapter III of the Convention that is in force on the date on which the ship is constructed.(L.N. 85 of 2017) 4A. Additional requirements for Type A ships (1) Without limiting section 4(4), the owner and the master of a Type A ship must also ensure that the following requirements relating to life-saving appliances and arrangements are complied with in respect of the ship—(a) the requirements of sections I and V of 1996 Chapter III that apply to all ships;(b) for a passenger ship—the additional requirements of section II of 1996 Chapter III that apply to all passenger ships; and(c) for a cargo ship—the additional requirements of section III of 1996 Chapter III that apply to all cargo ships.(2) If—(a) an item of life-saving appliances or a type of life-saving arrangements on a Type A ship is replaced; or(b) a Type A ship undergoes repairs, alterations or modifications of a major character that involve addition to the existing items of life-saving appliances or existing types of life-saving arrangements on the ship,the owner and the master of the ship must ensure that the replacement or additional appliances or arrangements (as the case may be) comply with the applicable requirements of 1996 Chapter III.(3) Subsection (2) does not apply to a Type A ship if, on the information provided by the owner of the ship, the Director is satisfied and decides in writing that compliance with that subsection in respect of the ship would—(a) require modification of the ship’s construction or layout; or(b) cause incompatibility with the ship’s existing appliances or arrangements.(4) If, by the operation of subsection (3), subsection (2) does not apply to a Type A ship in relation to an item of life-saving appliances or a type of life-saving arrangements being replaced or added, the owner and the master of the ship must ensure that the replacement or additional appliances or arrangements comply with the requirements set out in section 4(4)(b).(L.N. 85 of 2017) 4B. Application of 1996 Chapter III and Chapter II-1: muster list, emergency instructions, emergency training and drills (L.N. 152 of 2021)(1) This section does not apply to a ship that has no mechanical propulsion system.(2) The owner and the master of a ship must ensure that the following items are provided on the ship—(a) an on-board communications system, emergency alarm system and public address system that comply with Regulations 6.4 and 6.5 of 1996 Chapter III; and(b) operating instructions that comply with Regulation 9 of 1996 Chapter III.(3) The owner and the master of a ship must ensure that the ship carries sufficient trained persons for manning survival crafts and supervising their use in compliance with Regulation 10 of 1996 Chapter III.(4) The master of a ship must ensure that—(a) before the ship proceeds to sea, a muster list and emergency instructions containing the details specified in Regulation 37 of 1996 Chapter III are exhibited on the ship in compliance with Regulation 8 of that Chapter;(b) the muster list specifies the duties assigned to the different members and officers of the crew of the ship in compliance with Regulations 37.3, 37.4, 37.5 and 37.6 of 1996 Chapter III; and(c) before or immediately after the departure of the ship, musters and briefing of passengers on safety installations and practice mentioned in Regulation 19 of 1996 Chapter III are conducted in compliance with that Regulation.(5) The master of a ship must also ensure that—(a) the drills (other than enclosed space entry and rescue drills) and on-board training on the use of life-saving appliances mentioned in Regulations 19 and 30 (except Regulation 30.3) of 1996 Chapter III are conducted on the ship in the manner and at the frequency set out in those Regulations; (L.N. 152 of 2021)(b) the enclosed space entry and rescue drills mentioned in Regulation 19.3.6 of 1996 Chapter III are conducted on the ship in the manner and at the frequency set out in that Regulation;(c) a record of—(i) the drills and training conducted under paragraph (a) is made in compliance with section 45 of the Ordinance; and(ii) the enclosed space entry and rescue drills conducted under paragraph (b) is made in an official log-book in compliance with Regulation 19.5 of 1996 Chapter III; and(d) a training manual in the form and containing the information, and (if the ship is fitted with a marine evacuation system) on-board training aids for the use of the system, specified in Regulation 35 of 1996 Chapter III, are provided on the ship.(5A) The master of a passenger ship must ensure that—(a) the damage control drills mentioned in Regulation 19-1 of Chapter II-1 (Regulation 19-1) and Regulation 30.3 of 1996 Chapter III are conducted on the passenger ship in the manner and at the frequency set out in Regulation 19-1; and(b) a record of the drills is maintained in accordance with Regulation 19-1. (L.N. 152 of 2021)(6) A person must carry out the duties assigned to that person in the muster list referred to in subsection (4)(b).(7) A master who contravenes subsection (5)(b) or (c)(ii) or (5A) commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (L.N. 152 of 2021)(8) A person who contravenes subsection (6) commits an offence and is liable to a fine at level 2.(L.N. 85 of 2017) 5. (Repealed L.N. 85 of 2017) 6. Requirements of life-saving appliances and arrangements applicable to ships without mechanical propulsion system (L.N. 85 of 2017)(1A) This section applies to a ship that has no mechanical propulsion system. (L.N. 85 of 2017)(1) A ship that proceeds to sea must carry— (L.N. 85 of 2017)(a) one or more liferafts on each side of the ship of sufficient aggregate capacity to accommodate the total number of persons on board provided that—(i) if the liferafts cannot be readily transferred for launching on either side of the ship, the total capacity available on each side shall be sufficient to accommodate 150% of the total number of persons on board;(ii) if the rescue boat required by paragraph (b) is also a lifeboat complying with the requirements of the Convention, it may be included in the aggregate capacity referred to in this paragraph provided that the total capacity available on either side of the ship is at least 150% of the total number of persons on board; and(iii) the number and arrangement of survival craft shall be such that in the event of any one survival craft being lost or rendered unserviceable, there shall be sufficient survival craft available for use on each side of the ship to accommodate the total number of persons on board;(b) at least one rescue boat, provided that in ships of less than 500 gross tonnage an inflated boat fitted with an engine may be carried in lieu of a rescue boat; a lifeboat may be accepted as a rescue boat provided that it also complies with the requirements for a rescue boat. The lifeboat, rescue boat or inflated boat shall be served by its own launching appliance.(2) A ship must carry a satellite EPIRB.(3) (a) A ship must carry at least the number of lifebuoys determined in accordance with the following table— (L.N. 85 of 2017) Length of ship in metres Number of lifebuoys Under 50 6 50 or over 8 (b) At least one lifebuoy on each side of the ship shall be fitted with a buoyant lifeline. Not less than 50% of the total number of lifebuoys shall be provided with self-igniting lights and not less than 2 of the lifebuoys provided with such lights shall also be provided with self-activating smoke signals and be capable of quick release from the navigating bridge or steering position. On ships of less than 12 metres in length the buoyant lifelines shall be at least 18 metres in length.(4) A ship must carry— (L.N. 85 of 2017)(a) for each adult on board, a lifejacket in adult size that complies with section 2.2 of the LSA Code; (L.N. 85 of 2017)(b) for each child on board, a lifejacket in child size that complies with section 2.2 of the LSA Code; and (L.N. 85 of 2017)(c) a sufficient number of lifejackets for persons on watch and for use at remotely located survival craft stations, and such lifejackets should be stowed on the bridge, in the engine control room and at any other manned watch station.(5) Each lifejacket required to be carried in subsection (4) should be fitted with a lifejacket light. (6) A ship must carry an immersion suit or an anti-exposure suit, of an appropriate size for every person assigned to crew the rescue boat or inflated boat.(7) (a) A ship must carry an immersion suit for every person on board unless— (L.N. 85 of 2017)(i) the liferafts are served by launching appliances;(ii) the liferafts are served by equivalent approved appliances capable of being used on both sides of the ship and which do not require entry into the water to board the liferaft; or(iii) the ship is constantly engaged on voyages between the parallels of latitude of 20° north and south.(b) The immersion suits required by this subsection may be used to comply with the requirements of subsection (6).(8) A ship must carry not less than 12 rocket parachute flares.(9) A ship of 12 metres or over in length shall carry a line-throwing appliance.(10) A ship must be provided with— (L.N. 85 of 2017)(a) a general emergency alarm system; and(b) lighting as specified in Regulations 11 and 16 of 1996 Chapter III.(11) A ship must be provided with— (L.N. 85 of 2017)(a) posters or signs showing operating instructions on or in the vicinity of survival craft and their launching controls;(b) a training manual—(i) in each crew cabin; or(ii) in each crew messroom and each recreation room;(c) instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes the maintenance of life-saving appliances; and(d) a copy of the table “Life-Saving Signals and Rescue Methods, SOLAS-1”.(12) The owner and the master of a ship must ensure that the life-saving appliances and arrangements provided on the ship under this section comply with the applicable standard specified in the LSA Code. (L.N. 85 of 2017)(13) The life-saving appliances and arrangements mentioned in this section are life-saving appliances referred to in section 44 of the Ordinance. (L.N. 85 of 2017)(14) In this section— lifeboat (救生艇) means a boat that complies with the applicable requirements in— (a) for a ship built on or after 1 July 1986—sections 4.4 to 4.9 of the LSA Code; or (b) for a ship built before 1 July 1986—Regulations 5, 6 and 7 of 1974 Chapter III; liferaft (救生筏) means a survival craft that complies with the applicable requirements in— (a) for a ship built on or after 1 July 1986—sections 4.1, 4.2 and 4.3 of the LSA Code; or (b) for a ship built before 1 July 1986—Regulations 15 and 16 of 1974 Chapter III; rocket parachute flare (火箭降落傘火焰信號) means a pyrotechnic signal that complies with section 3.1 of the LSA Code;satellite EPIRB (衞星應急無線電示位標) means a satellite emergency position-indicating radio beacon that complies with the performance standards adopted by the Organization;training manual (訓練手冊) means a manual that complies with Regulation 35 of 1996 Chapter III. (L.N. 85 of 2017)(L.N. 85 of 2017) 7. Equivalents and exemptions (1) Where this Regulation requires that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Director may permit any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that ship if the Director is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof or provision is at least as effective as that required by this Regulation.(2) The Director may exempt any ship or description of ships from all or any of the provisions of this Regulation (as may be specified in the exemption) if the Director is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or description of ships on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.(3) The Director may exempt any ship not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage from any of the requirements of this Regulation, provided that the ship complies with the safety requirements which in the opinion of the Director are adequate for the voyage which is to be undertaken by the ship. 8. (Repealed L.N. 85 of 2017) 9. Reference to life-saving appliances regulation This Regulation (except section 4(3)(a) and (b) and (9) and section 4B(5)(b) and (c)(i) and (ii), (5A), (6), (7) and (8)) is a life-saving appliances regulation referred to in section 44 of the Ordinance.(L.N. 85 of 2017; L.N. 152 of 2021) 10. (Omitted as spent—E.R. 3 of 2024) 11. (Omitted as spent—E.R. 3 of 2024) 12. (Omitted as spent—E.R. 3 of 2024) 13. (Omitted as spent—E.R. 3 of 2024) 14. (Omitted as spent—E.R. 3 of 2024) 15. (Omitted as spent—E.R. 3 of 2024) 16. (Omitted as spent—E.R. 3 of 2024) 17. (Omitted as spent—E.R. 3 of 2024) 18. (Omitted as spent—E.R. 3 of 2024) 19. (Omitted as spent—E.R. 3 of 2024) 20. (Omitted as spent—E.R. 3 of 2024) Schedule (Repealed L.N. 85 of 2017)