Cap. 369 sub. leg. AS

Merchant Shipping (Safety) (Ship’s Manning) Regulation(L.N. 123 of 2016)(Cap. 369, section 107)(Enacting provision omitted—E.R. 5 of 2024) [4 June 1992](Format changes—E.R. 5 of 2024) Part 1 Preliminary (L.N. 123 of 2016) 1. Interpretation In this Regulation, unless the context otherwise requires—Convention (《公約》) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974, or any convention that replaces that Convention or any successor convention, as amended from time to time and as applicable to Hong Kong; (L.N. 123 of 2016)Convention country (公約國) means a country which is a party to the Convention; (L.N. 123 of 2016)Hong Kong ship (香港船舶) means a ship registered in Hong Kong; 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 Convention country and a port outside that Convention country (whether in a Convention country or not); (L.N. 123 of 2016) Minimum Safe Manning Certificate (最低安全人手編配證明書) means a certificate that includes the information required by the resolution on principles of minimum safe manning adopted and amended from time to time by the International Maritime Organization, and in the case of a Hong Kong ship is issued by the Director and in the case of any other ship, is issued by or on behalf of the Government of the State whose flag the ship is entitled to fly; (L.N. 123 of 2016) owner (船東), in relation to a ship, means— (a) the owner of the ship; or (b) a person who—(i) has assumed responsibility for the operation of the ship; and(ii) on assuming that responsibility, has agreed to take over all the duties and responsibilities imposed in respect of the ship by 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. 123 of 2016) river trade limits (內河航限) has the meaning given by section 2 of the Shipping and Port Control Ordinance (Cap. 313). (L.N. 123 of 2016) 2. (Repealed L.N. 123 of 2016) 3. Exemptions The Director may exempt a ship or class of ship from any of the provisions of Part 2 or 3 on any conditions the Director thinks fit and may rescind an exemption and amend any conditions to an exemption.(L.N. 123 of 2016) Part 2 Minimum Safe Manning Certificate and Communication Language from Bridge (L.N. 123 of 2016) 3A. Application of Part 2 (1) This Part (except section 4) applies to—(a) a Hong Kong ship wherever it may be; and(b) any other ship that is—(i) engaged in an international voyage; and(ii) within the waters of Hong Kong.(2) This Part does not apply to—(a) a fishing vessel;(b) a pleasure vessel;(c) a local vessel within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548);(d) a warship;(e) a troop ship;(f) a cargo ship (other than a Hong Kong ship) of less than 500 gross tonnage;(g) a ship (other than a Hong Kong ship) not propelled by mechanical means; or(h) a ship that is not a Hong Kong ship and flies the flag of a State that is not a Convention country, if the ship is within the waters of Hong Kong due to—(i) stress of weather; or(ii) any other circumstances that could not have been prevented or forestalled by the owner or the master of the ship.(L.N. 123 of 2016) 4. Director may issue certificate (1A) This section applies to a Hong Kong ship wherever it may be. (L.N. 123 of 2016)(1) On application in respect of a ship and payment of the appropriate fee prescribed in Schedule 2, the Director may issue a Minimum Safe Manning Certificate.(2) In deciding whether to issue a Minimum Safe Manning Certificate, and the number and qualification of seafarers required for the ship to which a Minimum Safe Manning Certificate relates, the Director shall have regard to the requirements of any regulations made under section 72(1)(a) and (c) of the Merchant Shipping (Seafarers) Ordinance (Cap. 478) and the resolution on principles of minimum safe manning adopted and amended from time to time by the International Maritime Organization. (44 of 1995 s. 143; L.N. 123 of 2016)(3) The Director or a person authorized by him may inspect the ship.(4) In a Minimum Safe Manning Certificate—(a) a reference to an able seafarer deck means a qualified able seafarer deck as defined by section 2 of the Merchant Shipping (Seafarers) (Certificates of Proficiency for Able Seafarers) Regulation (Cap. 478 sub. leg. AI); (E.R. 4 of 2017)(b) a reference to an able seafarer engine means a qualified able seafarer engine as defined by section 2 of the Merchant Shipping (Seafarers) (Certificates of Proficiency for Able Seafarers) Regulation (Cap. 478 sub. leg. AI); (E.R. 4 of 2017)(c) a reference to deck Class 1, deck Class 2 or deck Class 3 means an officer who is the holder of a certificate of competency (or a certificate treated as equivalent to a certificate of competency) or licence as a deck officer of Class 1, Class 2 or Class 3 (as the case may be) under the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap. 478 sub. leg. J);(d) a reference to an electro-technical officer means an officer who is the holder of a certificate of competency or licence as an electro-technical officer under the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap. 478 sub. leg. J);(e) a reference to an electro-technical rating means a qualified electro-technical rating as defined by section 2 of the Merchant Shipping (Seafarers) (Engine Room Watch Ratings and Electro-technical Ratings) Regulation (Cap. 478 sub. leg. V); (E.R. 3 of 2022)(f) a reference to engineer Class 1, engineer Class 2 or engineer Class 3 means an officer who is the holder of a certificate of competency (or a certificate treated as equivalent to a certificate of competency) or licence as an engineer officer of Class 1, Class 2 or Class 3 (as the case may be) under the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap. 478 sub. leg. J);(g) a reference to a rating forming part of an engineering watch means a qualified engine room watch rating as defined by section 2 of the Merchant Shipping (Seafarers) (Engine Room Watch Ratings and Electro-technical Ratings) Regulation (Cap. 478 sub. leg. V); (E.R. 3 of 2022)(h) a reference to a rating forming part of a navigational watch means a rating who is the holder of a certificate of proficiency (or a certificate recognized as equivalent to a certificate of proficiency) under the Merchant Shipping (Seafarers) (Navigational Watch) Regulation (Cap. 478 sub. leg. AH). (L.N. 123 of 2016; E.R. 4 of 2017) 5. Provision of Minimum Safe Manning Certificate (1) The owner of a ship shall ensure that a Minimum Safe Manning Certificate is in force in respect of the ship and that a copy of it is kept on board the ship at all times.(2) The master of a ship shall ensure that the ship does not proceed to sea unless there is on board a Minimum Safe Manning Certificate (or copy of it) issued in respect of the ship.(3) A ship owner or master who fails to comply with this section commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(L.N. 123 of 2016) 5A. Communication language from bridge (1) The master of a ship must ensure that English is used on the bridge as the working language for—(a) bridge-to-bridge and bridge-to-shore safety communications; and(b) communications on board between the pilot of the ship and the bridge watchkeeping personnel concerned.(2) Subsection (1) does not apply if the persons directly involved in the communications speak a common language other than English.(3) The master of a ship who fails to comply with subsection (1) commits an offence and is liable to a fine at level 4.(L.N. 123 of 2016) 6. (Repealed L.N. 123 of 2016) Part 3 Ship’s Manning and Working Language (Part 3 added L.N. 123 of 2016) 7. Application of Part 3 (1) This Part applies to—(a) a Hong Kong ship wherever it may be; and(b) any other ship within the waters of Hong Kong.(2) This Part does not apply to—(a) a fishing vessel;(b) a pleasure vessel;(c) a local vessel within the meaning of the Merchant Shipping (Local Vessels) Ordinance (Cap. 548);(d) a warship;(e) a naval auxiliary;(f) a ship owned or operated by the Government, or by the government of a Convention country, and engaged only on governmental non-commercial service; or(g) a ship that is not a Hong Kong ship and flies the flag of a State that is not a Convention country, if the ship is within the waters of Hong Kong due to—(i) stress of weather; or(ii) any other circumstances that could not have been prevented or forestalled by the owner or the master of the ship. 8. Ship’s manning (1) Subject to subsection (2), the owner and the master of a ship must ensure that the ship does not proceed to sea unless the ship is manned in accordance with the relevant instrument.(2) If—(a) in relation to any one or more specified categories of seafarers, a Hong Kong ship is manned by one seafarer less than the number of seafarers required for the specified category of seafarers concerned under the Minimum Safe Manning Certificate issued in respect of the ship; and(b) the fact is caused by the inability of any seafarer of that category to report for duty due to illness, absence or any other unforeseeable happening,the ship may, subject to meeting the requirements specified in subsection (3), proceed to sea other than on a voyage within river trade limits.(3) The requirements are that the master of the ship must—(a) take all reasonable steps to man the ship;(b) satisfy himself or herself that the ship is safe to proceed to sea and enter a statement to that effect in the ship’s log-book;(c) before the ship proceeds to sea, notify the Director of the facts referred to in subsection (2)(a) and (b) and enter the notification in the ship’s log-book; and(d) ensure that the ship is not manned continuously, in relation to any specified category of seafarers, with less than the number of seafarers required for that category under the Minimum Safe Manning Certificate issued in respect of the ship for more than 28 days.(4) If subsection (1) is contravened, the owner and the master of the ship concerned each commits an offence and is liable to a fine at level 4 and to imprisonment for 2 years.(5) In this section— relevant instrument (相關文書)— (a) for a ship in respect of which a Minimum Safe Manning Certificate has been issued, means the Certificate; (b) for a ship—(i) which is not a Hong Kong ship;(ii) which is entitled to fly the flag of a State; and(iii) in respect of which another document that sets out the requirements relating to the safe manning of the ship has been issued by or on behalf of the government of the State,means that document; specified category of seafarers (指明種類海員) means— (a) an able seafarer deck; (b) an able seafarer engine; (c) a deck Class 2 or deck Class 3; (d) an electro-technical officer; (e) an electro-technical rating; (f) an engineer Class 2 or engineer Class 3; (g) a rating forming part of an engineering watch; or (h) a rating forming part of a navigational watch. 9. Working language on ship (1) The owner of a ship must determine the working language to be used on the ship.(2) The owner of the ship must ensure that all the seafarers on board the ship—(a) use the working language in giving orders and instructions and reporting; and(b) understand the orders, instructions and reports.(3) The master of the ship must ensure that the working language is recorded in the ship’s log-book.(4) If the working language is not the official language or an official language of the State whose flag the ship is entitled to fly, the owner of the ship must ensure that all the plans and lists required by the Convention to be posted on the ship include a translation of the plans and lists in the working language.(5) The owner of a ship who fails to comply with subsection (1), (2) or (4) commits an offence and is liable to a fine at level 4.(6) The master of a ship who fails to comply with subsection (3) commits an offence and is liable to a fine at level 4. Schedule 1 (Repealed L.N. 123 of 2016) Schedule 2 [s. 4]Fees Fee $ 1. Fees for the issue of a Minimum Safe Manning Certificate— (a) no inspection of the ship is required Nil (b) inspection of the ship is carried out 3,500 2. Inspection of the ship by a Government surveyor who has to travel outside Hong Kong solely for the purpose of theinspection $18,755 plus travelling and subsistence expenses reasonably incurred (L.N. 344 of 1993; L.N. 349 of 1994; L.N. 279 of 1995; L.N. 90 of 1999; 44 of 1999 s. 40; E.R. 5 of 2024)