Hong Kong Regulations

SHIPPING AND PORT CONTROL (WORKS) REGULATION - SECT 2

Interpretation

(1) In this Regulation, unless the context otherwise requires—
“certificate of test and examination” (測試及檢驗證明書), in
relation to a lifting appliance or lifting gear, means a certificate of test
and examination, in the specified form, issued by the competent examiner who
tests and examines the lifting appliance or lifting gear, and containing all
the particulars required to be entered in the certificate with regard to the
test and examination; “competent examiner” (合資格檢驗員) means a
person who—

   (a)  is registered under the Engineers Registration Ordinance ( Cap  409)
        within a discipline specified in Schedule 3; or

   (b)  is appointed as a competent examiner for the purposes of this
        Regulation by an organization specified under subsection (2);
        “competent person” (合資格的人) means a person who is
        competent to perform an inspection or any other particular task
        permitted or required to be performed by a competent person under the
        relevant provision of this Regulation; “employer” (僱主), in
        relation to a person employed, means that person’s employer;
        “hatch” (艙口) means an opening in a deck of a vessel used
        for—

   (a)  loading or unloading the vessel;

   (b)  trimming; or

   (c)  ventilation; “hatchway” (艙口間) means the whole space within
        the square of the hatches, from the top deck to the bottom of the
        hold; “inspector” (督察) means a person appointed under section
        38 of the Ordinance; “person employed” (受僱人) means a person
        employed to carry out works; “pulley block” (滑輪組) means a
        pulley, block, gin or similar gear, other than a crane block specially
        constructed for use with a crane to which it is permanently attached;
        “register of lifting appliances and lifting gear”
        (起重裝置及起重工具登記冊) means a register of lifting
        appliances and lifting gear required to be kept under section 40(1);
        “relevant safety training course” (有關安全訓練課程) means
        any of the following training courses provided by a person approved
        under section 69—

   (a)  (in relation to a works supervisor) the safety training course called
        “Works supervisor safety training course”;

   (b)  (in relation to a person who operates or is in charge of a crane) the
        safety training course called “Shipboard crane operator safety
        training course”; or

   (c)  (in relation to a person who carries out cargo handling) the safety
        training course called “Shipboard cargo handling basic safety
        training course”; “safe working load” (安全操作負荷)—

   (a)  in relation to a lifting appliance or lifting gear which is tested and
        examined by a competent examiner in the manner prescribed in Schedule
        1, means the appropriate safe working load of the lifting appliance or
        lifting gear specified in the current certificate of test and
        examination;

   (b)  in relation to a lifting appliance or lifting gear which by virtue of
        section 70(1) is not required to be tested and examined under this
        Regulation, means the appropriate safe working load of the lifting
        appliance or lifting gear specified in the current certificate or
        record referred to in that section;

   (c)  in relation to lifting gear which is a pulley block and which by
        virtue of section 70(2) is not required to be tested and examined
        under this Regulation, means the safe working load stamped on the
        pulley block as required under section 43;

   (d)  in relation to lifting gear which is a chain and which by virtue of
        section 70(2) is not required to be tested and examined under this
        Regulation, means the safe working load marked on the chain or on a
        tablet or ring attached to the chain as required under section 44(2);

   (e)  in relation to lifting gear which is a wire rope sling and which by
        virtue of section 70(2) is not required to be tested and examined
        under this Regulation, means—

        (i)    the safe working load marked on the wire rope sling or on a
               tablet or ring attached to the wire rope sling as required
               under section  44 (3)(a); or

        (ii)   the safe working load of the wire rope sling stated in a notice
               required under section 44(3)(b); or

   (f)  in relation to a lifting appliance or lifting gear not covered by
        paragraphs (a), (b), (c), (d ) and (e), means the appropriate safe
        working load of the lifting appliance or lifting gear; “specified
        form” (指明格式) means a form specified under section 71;
        “valid certificate” (有效證明書), in relation to a relevant
        safety training course, means a certificate which—

   (a)  is issued by a person approved under section 69 to another person in
        respect of the attendance of that other person at the relevant safety
        training course; and

   (b)  has not reached its date of expiry; “workplace” (工作地方)
        means any place on a vessel in which a person employed carries out
        works; “works supervisor” (工程督導員) means a person
        appointed under section 19.

(2) The Director may specify an organization which is a full member of the
International Association of Classification Societies for the purposes of the
definition of “competent examiner” in subsection (1).

(3) The Director shall from time to time publish in the Gazette a notice
setting out the organizations specified under subsection (2).

(4) For the purposes of sections 20, 23, 24, 37, 50 and 53, a person is at
work throughout the time he is in the course of employment.

(5) For the purposes of this Regulation, a lifting appliance or lifting gear
is thoroughly examined if—

   (a)  it is examined by means of a visual examination that is carried out as
        carefully as the circumstances permit; and

   (b)  the examination is supplemented, if necessary, by other means like a
        hammer test or by the dismantling of the parts of the lifting
        appliance or lifting gear, in order to arrive at a reliable conclusion
        as to the safety of the parts examined.

(6) For the purposes of this Regulation, regard shall be had to the relevant
code of practice issued under section 44A of the Ordinance in determining—

   (a)  whether an examination required to be carried out under this
        Regulation has been or is carried out carefully;

   (b)  whether a person is competent, reliable or trained for the purposes of
        performing a particular task; or

   (c)  whether any means of access to a workplace is safe. “certificate of
        test and examination” (測試及檢驗證明書) “competent
        examiner” (合資格檢驗員) “competent person”
        (合資格的人) “employer” (僱主) “hatch” (艙口)
        “hatchway” (艙口間) “inspector” (督察) “person
        employed” (受僱人) “pulley block” (滑輪組) “register of
        lifting appliances and lifting gear”
        (起重裝置及起重工具登記冊) “relevant safety training
        course” (有關安全訓練課程) “safe working load”
        (安全操作負荷) “specified form” (指明格式) “valid
        certificate” (有效證明書) “workplace” (工作地方)
        “works supervisor” (工程督導員)