Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 16

Local certificate of competency for persons employed as coxswains, etc.

PART V

LOCAL CERTIFICATES OF COMPETENCY AND INQUIRIES

(1) The Director shall cause examinations to be conducted for the grant of
local certificates of competency required to be held by persons employed as
coxswains, engine operators or pleasure vessel operators on vessels, and shall
appoint examiners for that purpose.

(2) The Director may make rules providing for-

   (a)  the issue by the Director of local certificates of competency and the
        method of granting such certificates;

   (b)  the classes and grades of local certificates of competency and the
        endorsements appropriate to each class and grade;

   (c)  the combining of 2 or more classes or grades of local 
        certificate of competency in one document if appropriate;

   (d)  the addition or removal of endorsements on local certificates of
        competency;

   (e)  the recognition of one type of local certificate of competency as
        equivalent to another type of local certificate of competency for all
        or specified purposes;

   (f)  the procedure for applying for a local certificate of  competency and
        for the conduct of examinations under subsection (1);

   (g)  the subjects to be taken at such examinations or the manner in which
        those subjects are to be specified;

   (h)  the standards of competency to be attained by candidates in order to
        pass such examinations and other conditions to be satisfied by
        candidates, and applicants for a local certificate of competency;

   (i)  the requirements to be satisfied for a person to be exempted under
        subsection (5) from any part of such an examination;

   (j)  the requirements to be satisfied for the grant of a local 
        certificate of competency under subsection (4);

   (k)  the recognition of certificates of competency issued by the Director
        under any enactment or by the appropriate authority of another
        jurisdiction as equivalent, for all purposes or for purposes specified
        by the Director, to local certificates of competency required to be
        held by any person under this Ordinance;

   (l)  the issue of a copy of any local certificate of competency which has
        been lost, destroyed, damaged or defaced;

   (m)  the surrender of local certificates of competency upon their expiry or
        replacement;

   (n)  fees and forms, in relation to examinations conducted under subsection
        (1), the issue of local certificates of competency and recognition of
        certificates of competency as equivalent to local certificates of
        competency;

   (o)  generally, provisions in respect of local certificates of competency.

(3) The Director may publish any rules made under subsection (2) in such
manner as he thinks fit, and shall, on payment of such charge as the Director
may determine, provide a copy of the rules to any person.

(4) The Director may grant a local certificate of competency as a coxswain,
engine operator or pleasure vessel operator to a person without requiring him
to undergo the appropriate examination specified in the rules made under
subsection (2), if the person produces to the Director suitable documentary
evidence, or satisfies the Director in a manner specified in the rules, of his
competence for the grant of such a certificate.

(5) Without prejudice to subsection (4), the Director may exempt a person from
undergoing any part of the appropriate examination for the grant of a
local certificate of competency specified in the rules made under subsection
(2), if the person satisfies the Director in a manner specified in the rules
that he is qualified for such exemption.

(6) Rules made under subsection (2) may direct that no local 
certificate of competency shall be granted to any person unless-

   (a)  he has reached such minimum age as may be specified therein; and

   (b)  he has obtained such experience or performed such service on such
        class of vessel as may be specified therein.

(7) Rules made under subsection (2) may direct that a local 
certificate of competency shall expire upon the holder's attaining such age as
may be specified therein but that it may thereafter be extended for such
periods and in such manner as may be so specified.

(8) For the avoidance of doubt, it is hereby declared that rules made under
this section are not subsidiary legislation.