Cap. 369 sub. leg. AW

Merchant Shipping (Safety) (High Speed Craft) Regulation(Cap. 369, section 107)(Enacting provision omitted—E.R. 5 of 2024) [1 March 1999] L.N. 51 of 1999(Format changes—E.R. 5 of 2024) Part I Preliminary 1. (Omitted as spent—E.R. 5 of 2024) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—1994 Code (《1994年規則》) means the International Code of Safety for High Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.36(63), as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 56 of 2016)2000 Code (《2000年規則》) means the International Code of Safety for High Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.97(73), as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 56 of 2016)alteration (改動), in relation to a high speed craft, means any repair, alteration, modification or outfitting of the craft that is of a major character; (L.N. 56 of 2016) applicable Code (適用《規則》) means— (a) in relation to a high speed craft that is subject to the requirement under section 3A(2), 3B(2) or 3C(2), the 1994 Code; and (b) in relation to a high speed craft that is subject to the requirement under section 3A(3), 3B(4) or 3C(3), the 2000 Code; (L.N. 56 of 2016) cargo craft (載貨高速船) means a high speed craft other than a passenger craft, which is capable of maintaining the main functions and safety systems of unaffected spaces, after damage in any one compartment on board; constructed (建造), in relation to a high speed craft, means the stage at which— (a) the keel of the craft is laid; or (b) construction identifiable with the craft begins, and assembly of the craft has commenced comprising at least 50 tonnes or 3% of the estimated mass of all structural material, whichever is less; (L.N. 56 of 2016) cross-boundary voyage (跨境航程) means a voyage— (a) between Hong Kong and a port outside Hong Kong; and (b) which is not an international voyage; (L.N. 56 of 2016) failure mode and effect analysis (故障模式及影響分析) means an examination of a craft’s systems and equipment to determine whether any reasonably probable failure or improper operation can result in a hazardous or catastrophic effect; (L.N. 56 of 2016)high speed craft (高速船) means a craft capable of a maximum speed in metres per second equal to or exceeding 3.7▽0.1667 (where ▽ = volume of displacement corresponding to the design waterline (m3)), excluding a craft the hull of which is supported completely clear above the water surface in non-displacement mode by aerodynamic forces generated by ground effect; (L.N. 56 of 2016)High Speed Craft Safety Certificate (安全證明書) means, in relation to a Hong Kong high speed craft, a certificate issued pursuant to section 6 and, in relation to any other high speed craft, a certificate issued in conformity with Chapter 1 of the HSC Code by or on behalf of the government of the State or territory in which the craft is registered;Hong Kong high speed craft (香港高速船) means a high speed craft registered in Hong Kong;HSC Code (《高速船規則》) means the 1994 Code or the 2000 Code; (L.N. 56 of 2016)International Safety Management Code (《國際安全管理規則》) means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization, as from time to time revised or amended by any revision or amendment that applies to Hong Kong; (L.N. 56 of 2016) international voyage (國際航程) means a voyage between— (a) Hong Kong and a port outside the People’s Republic of China; or (b) a port in a country which is a party to the Convention and a port outside that country (whether in a country which is a party to the Convention or not); (L.N. 56 of 2016) operational speed (營運航速) means 90% of the maximum speed of a high speed craft; owner (船東), in relation to a high speed craft, means— (a) the owner of the craft; or (b) a person who—(i) has assumed responsibility for the operation of the craft; and(ii) on assuming that responsibility, has agreed to take over all the duties and responsibilities imposed in respect of the craft by the International Safety Management Code; (L.N. 56 of 2016) passenger craft (載客高速船) means a high speed craft which carries more than 12 passengers;Permit to Operate High Speed Craft (營運許可證) means, in relation to a Hong Kong high speed craft, a permit issued pursuant to section 8 and, in relation to any other high speed craft, a permit issued in conformity with Chapter 1 of the HSC Code by or on behalf of the government of the State or territory in which the craft is registered;place of refuge (避險處) means any naturally or artificially sheltered area which may be used as a shelter by a high speed craft under conditions likely to endanger its safety;pleasure craft (遊樂船隻) means a craft primarily used for sport or recreation;surveyor (驗船師) means a Government Surveyor appointed under section 5 of the Ordinance or a surveyor appointed by an organization approved under section 8 of the Ordinance.(L.N. 56 of 2016)(2) In interpreting the HSC Code, references to the “Administration” shall, in relation to Hong Kong high speed craft, be references to the “Director”. 3. Application (1) (Repealed L.N. 56 of 2016)(2) This Regulation applies to high speed craft which— (L.N. 56 of 2016)(a) are Hong Kong high speed craft, or are other high speed craft within the waters of Hong Kong; and(b) are engaged in either—(i) international voyages; or(ii) cross-boundary voyages; and (L.N. 56 of 2016)(c) are either—(i) passenger craft which can reach any place of refuge at operational speed when fully laden in not more than 4 hours during their course of voyage; or(ii) cargo craft of 500 gross tonnage or over which can reach any place of refuge at operational speed when fully laden in not more than 8 hours during their course of voyage.(3) This Regulation does not apply to high speed craft which are—(a) craft of war or troopcraft;(b) craft not propelled by mechanical means;(c) wooden craft of primitive build;(d) pleasure craft not engaged in trade; or(e) fishing craft. 3A. High speed craft engaged in cross-boundary voyages to comply with HSC Code (1) This section applies to a high speed craft engaged in cross-boundary voyages.(2) The following high speed craft must be built, equipped, operated and maintained in accordance with the 1994 Code—(a) a high speed craft constructed before 1 March 1999 and to which alterations were made on or after 1 March 1999 but before 1 July 2016; and(b) a high speed craft constructed on or after 1 March 1999 but before 1 July 2016 and to which no alterations are made on or after 1 July 2016.(3) The following high speed craft must be built, equipped, operated and maintained in accordance with the 2000 Code—(a) a high speed craft constructed before 1 July 2016 and to which alterations are made on or after 1 July 2016; and(b) a high speed craft constructed on or after 1 July 2016.(L.N. 56 of 2016) 3B. Certain high speed craft engaged in cross-boundary voyages to comply with HSC Code on approval of Director (1) Subsection (2) applies to a Hong Kong high speed craft which is—(a) engaged in cross-boundary voyages; and(b) constructed before 1 March 1999 and to which no alterations are made on or after 1 March 1999.(2) A high speed craft to which this subsection applies must be built, equipped, operated and maintained in accordance with the 1994 Code if—(a) the owner of the craft makes an application to the Director that the 1994 Code is to apply to the craft; and(b) the Director approves the application.(3) Subsection (4) applies to a Hong Kong high speed craft which is—(a) engaged in cross-boundary voyages; and(b) constructed on or after 1 March 1999 but before 1 July 2016 and to which no alterations are made on or after 1 July 2016.(4) Despite section 3A(2)(b), a high speed craft to which this subsection applies must be built, equipped, operated and maintained in accordance with the 2000 Code if—(a) the owner of the craft makes an application to the Director that the 2000 Code is to apply to the craft; and(b) the Director approves the application.(L.N. 56 of 2016) 3C. High speed craft engaged in international voyages to comply with HSC Code (1) This section applies to a high speed craft engaged in international voyages.(2) The following high speed craft must be built, equipped, operated and maintained in accordance with the 1994 Code—(a) a high speed craft constructed before 1 January 1996 and to which alterations were made on or after 1 January 1996 but before 1 July 2002; and(b) a high speed craft constructed on or after 1 January 1996 but before 1 July 2002 and to which no alterations are made on or after 1 July 2002.(3) The following high speed craft must be built, equipped, operated and maintained in accordance with the 2000 Code—(a) a high speed craft constructed before 1 July 2002 and to which alterations are made on or after 1 July 2002; and(b) a high speed craft constructed on or after 1 July 2002.(L.N. 56 of 2016) 4. (Repealed L.N. 56 of 2016) Part II Survey, Certificate and Permit 5. Survey requirements (1) The structure, equipment, fittings, arrangements and materials of a high speed craft shall have the following surveys carried out on them—(a) an initial survey before the craft is put in service or before a High Speed Craft Safety Certificate is issued for the first time;(b) a renewal survey at least once every 5 years for the renewal of a High Speed Craft Safety Certificate;(c) a periodical survey within 3 months before or after each anniversary of the date of issue of the High Speed Craft Safety Certificate; and(d) an additional survey, either general or partial according to the circumstances, whenever the Director considers it necessary under section 9(4), or whenever any important repairs or renewals have been made.(2) The surveys referred to in subsection (1) shall be carried out by a surveyor in the following manner—(a) the initial survey shall include—(i) an appraisal of the assumptions made and limitations proposed in relation to loadings, environment, speed and manoeuvrability;(ii) an appraisal of the data supporting the safety of the design obtained as appropriate from calculations, tests or trials;(iii) an appraisal of the craft’s buoyancy and stability characteristics;(iv) a failure mode and effect analysis conducted in accordance with annex 4 of the applicable Code;(v) an investigation into the adequacy of the various manuals required to be carried on the craft under the applicable Code; and(vi) a complete inspection of the structure, machinery, safety equipment, radio installations and other equipment, fittings, arrangements and materials to ensure that they comply with the requirements of the applicable Code, are in satisfactory condition and are fit for the service for which the craft is intended;(b) the renewal and periodical surveys shall include a complete inspection of the structure, including the outside of the craft’s bottom and related items, machinery, safety equipment, radio installations and other equipment to ensure that they comply with the requirements of the applicable Code; and(c) any additional survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are in all respects satisfactory, and that the craft complies with the requirements of the applicable Code. (L.N. 56 of 2016)(3) The periodical surveys referred to in subsection (2)(b) shall be endorsed by the surveyor on the High Speed Craft Safety Certificate.(4) An application for any of the surveys referred to in subsection (1) shall be made by or on behalf of the owner of the craft to the Director. 6. Issue and display of High Speed Craft Safety Certificate (L.N. 56 of 2016)(1) Upon satisfactory completion of an initial or renewal survey of a high speed craft which complies with the requirements of this Regulation, the surveyor conducting the survey shall complete a declaration of survey and forward the completed declaration to the Director.(2) If the Director, on receipt of a declaration of survey, is satisfied that the high speed craft complies with the requirements of this Regulation, he may on the application of the owner, agent or master, issue to the craft a High Speed Craft Safety Certificate.(3) A High Speed Craft Safety Certificate must be carried on the high speed craft in respect of which the Certificate is issued. (L.N. 56 of 2016)(4) A copy of a High Speed Craft Safety Certificate must be posted up in a prominent and accessible place on the high speed craft in respect of which the Certificate is issued. (L.N. 56 of 2016) 7. Duration and validity of High Speed Craft Safety Certificate (1) Subject to subsection (2), a High Speed Craft Safety Certificate shall be valid for a period not exceeding 5 years from the date of issue.(2) Where a renewal survey is completed within 3 months before the expiry date of an existing High Speed Craft Safety Certificate, the new High Speed Craft Safety Certificate for the craft shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing High Speed Craft Safety Certificate.(3) Where a renewal survey is completed after the expiry date of an existing High Speed Craft Safety Certificate, the new High Speed Craft Safety Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing High Speed Craft Safety Certificate.(4) Where a renewal survey is completed more than 3 months before the expiry date of an existing High Speed Craft Safety Certificate, the new High Speed Craft Safety Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.(5) If an existing High Speed Craft Safety Certificate is issued to be valid for a period of less than 5 years, the Director may, if he is satisfied that the surveys for issuing a High Speed Craft Safety Certificate for a period of 5 years have been carried out, extend the validity of the existing High Speed Craft Safety Certificate beyond the expiry date to a date not exceeding 5 years from the date of issue of the existing High Speed Craft Safety Certificate.(6) If a renewal survey has been completed and a new High Speed Craft Safety Certificate cannot be issued or placed on board the craft before the expiry date of an existing High Speed Craft Safety Certificate, the Director may endorse such survey on the existing High Speed Craft Safety Certificate and upon such endorsement, the validity of the existing High Speed Craft Safety Certificate shall be extended beyond the expiry date to a date (as endorsed in the existing High Speed Craft Safety Certificate) not exceeding 5 months from the expiry date.(7) If a craft at the time when a High Speed Craft Safety Certificate expires is not in Hong Kong or in a port in which it is to be surveyed, the Director may extend the period of validity of the High Speed Craft Safety Certificate but this extension shall be granted only for the purpose of allowing the craft to complete its voyage to Hong Kong or to a port in which it is to be surveyed.(8) An extension under subsection (7) shall not be granted for a period longer than one month.(9) The craft to which an extension is granted under subsection (7) shall not, on its arrival to Hong Kong or the port in which it is to be surveyed, leave Hong Kong or that port (as the case may be) unless a new High Speed Craft Safety Certificate has been obtained.(10) Where a renewal survey of the craft to which an extension is granted under subsection (7) is completed, the new High Speed Craft Safety Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing High Speed Craft Safety Certificate before the extension was granted or, if the Director is satisfied that there are special circumstances, to a date not exceeding 5 years from the date of completion of the renewal survey.(11) If a periodical survey is completed before the period specified in section 5(1)(c), then—(a) a new date, which shall not be more than 3 months later than the date on which the survey was completed, shall be endorsed by the surveyor on the relevant High Speed Craft Safety Certificate to be the date for ascertaining subsequent dates of anniversary;(b) the subsequent periodical survey required under section 5(1)(c) shall be completed at the intervals prescribed therein using the new date in paragraph (a) as the date of anniversary; and(c) the expiry date of the High Speed Craft Safety Certificate may remain unchanged provided one or more periodical surveys are carried out so that the maximum intervals between the surveys prescribed in section 5(1)(c) are not exceeded.(12) A High Speed Craft Safety Certificate issued under section 6 shall cease to be valid—(a) if the relevant surveys are not completed within the periods specified in section 5(1);(b) if the High Speed Craft Safety Certificate is not endorsed in accordance with section 5(3); or(c) upon transfer of the craft to the registry of another State or territory. 8. Permit to Operate High Speed Craft (1) No high speed craft shall operate commercially unless—(a) a Permit to Operate High Speed Craft; and(b) a High Speed Craft Safety Certificate,are in force in respect of the craft.(2) If the Director is satisfied that paragraphs 1.2.1.2 to 1.2.1.7 of the applicable Code are complied with in respect of a craft, he may upon application in that behalf issue in respect of the craft a Permit to Operate High Speed Craft, subject to such conditions as to the operation of the craft as he may specify in the Permit to Operate High Speed Craft. (L.N. 56 of 2016)(3) The conditions of operation specified under subsection (2) may be drawn up on the basis of the information contained in the route operational manual required to be carried on the craft under the applicable Code and of information, if any, obtained by the Director after a consultation with the government of the State or territory in which the port is situated as to the operational conditions of the craft in that State or territory. (L.N. 56 of 2016)(4) The Director may inspect the craft and audit its documentation for the purpose of verifying its compliance with the conditions specified in the Permit to Operate High Speed Craft.(5) Where such inspection or audit reveals that a condition specified in the Permit to Operate High Speed Craft has not been complied with, the Permit to Operate High Speed Craft shall cease to be valid until the condition has been complied with.(6) (Repealed L.N. 56 of 2016)(7) The Permit to Operate High Speed Craft issued in respect of a craft under subsection (2) ceases to be valid if the High Speed Craft Safety Certificate issued in respect of the craft ceases to be valid. (L.N. 56 of 2016)(8) A Permit to Operate High Speed Craft must be carried on the high speed craft in respect of which the Permit is issued. (L.N. 56 of 2016)(9) A copy of a Permit to Operate High Speed Craft must be posted up in a prominent and accessible place on the high speed craft in respect of which the Permit is issued. (L.N. 56 of 2016) 9. Maintenance of conditions after survey (1) (Repealed L.N. 56 of 2016)(2) After any survey of a craft under this Regulation has been completed, no important change shall be made to the structure, equipment, fittings, arrangements or materials covered by the survey without the sanction of the Director.(3) Where, after any survey, an accident occurs to a high speed craft or a defect is discovered, either of which affects the safety of the craft or the efficiency or completeness of its structure, equipment, fittings, arrangements or materials, the master or owner of the craft shall immediately report the accident or the defect to the Director and if the craft is in a port of another State or territory, the master or owner shall also report the accident or the defect immediately to the appropriate authority of the government of the State or territory in which the port is situated.(4) The craft shall be subjected to an additional survey if the Director, upon receipt of a report under subsection (3) and the results of an investigation caused to be initiated by him, considers it necessary, and the craft shall not be operated until the Director is satisfied with the results of the survey. Part III Miscellaneous 10. (Repealed L.N. 56 of 2016) 11. Equivalents (1) Where the applicable Code requires that a particular fitting, material, appliance or apparatus or type thereof shall be fitted or carried in a craft, or that any particular provision shall be made, the Director may allow any other fitting, material, appliance or apparatus or type thereof to be fitted or carried, or any other provision to be made in that craft, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus or type thereof, or provision, is at least as effective as that required by the applicable Code.(2) Where compliance with any of the requirements of the applicable Code would be impractical for the particular designs of the craft, the Director may substitute those with alternative requirements if he is satisfied that equivalent safety can be achieved.(L.N. 56 of 2016) 12. Exemptions The Director may exempt any high speed craft from any of the requirements of this Regulation or of the applicable Code (subject to such conditions as he may specify) where he is satisfied that the safety of the craft is not thereby compromised.(L.N. 56 of 2016) 13. Power of Director to prescribe specifications, issue instructions and approve forms The Director may—(a) prescribe and publish by notice in the Gazette specifications, standards or additional requirements for the purposes of this Regulation;(b) issue instructions to surveyors providing practical guidance with respect to specifications, standards or requirements prescribed by or under this Regulation; or(c) approve the forms of declarations of survey to be completed under section 6(1), High Speed Craft Safety Certificates, Permits to Operate High Speed Craft, and any other forms required for the purposes of this Regulation. 14. (Repealed 24 of 2023 s. 31) 15. Penalties (1) Where there is a contravention of section 3A(2) or (3), 3B(2) or (4), 3C(2) or (3), 7(9), 8(1) or 9 in respect of any high speed craft, the master and owner of the craft concerned shall each be guilty of an offence and is liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 56 of 2016)(1A) If section 6(3) or (4) or 8(8) or (9) is contravened, the master and the owner of the high speed craft concerned each commits an offence and is liable to a fine at level 2. (L.N. 56 of 2016)(2) It shall be a defence for a person charged with an offence under this Regulation to prove that he took all reasonable steps to ensure that the relevant provisions were complied with.(E.R. 5 of 2024)