Hong Kong Regulations

SHIPPING AND PORT CONTROL (WORKS) REGULATION - SECT 50

Operators of cranes and other lifting appliances, etc.

(Past version on 02/01/2007).

(1) No crane shall be used as a lifting appliance unless the crane is operated
by a person who—

   (a)  has attained the age of 18 years;

   (b)  holds—

        (i)    a valid certificate in respect of the relevant safety training
               course; or

        (ii)   such other certificate relating to safety training recognized
               by the Director; and

   (c)  by virtue of his experience, is competent to operate a crane.

(2) A person who operates a crane for the purposes mentioned in subsection (1)
shall—

   (a)  carry with him while at work a certificate referred to in subsection
        (1)(b); and

   (b)  produce the certificate to an inspector for inspection on demand.

(3) No other lifting appliance shall be used unless the lifting appliance is
operated by a person who—

   (a)  has attained the age of 18 years; and

   (b)  is trained and competent to operate the lifting appliance.

(4) A person shall not be permitted or required to attend to falls on winch
ends or winch drums unless the person—

   (a)  has attained the age of 18 years; and

   (b)  is competent and reliable.

(5) If there is a contravention of subsection (1) or (3), the owner of the
lifting appliance and the person in charge of works commit an offence and each
is liable on conviction to a fine at level 3.

(6) A person who, without reasonable excuse, fails to comply with subsection
(2)(a) or (b) commits an offence and is liable on conviction to a fine at
level 2.

(7) If any permission is given or requirement is made in contravention of
subsection (4), the person in charge of works or, if the winch concerned is
used as a lifting appliance, the owner of the lifting appliance, who gives the
permission or makes the requirement commits an offence and is liable on
conviction to a fine at level 3.

(8) Subsection (1)(b) and (c) does not apply if a person undergoing training
as an operator of a crane operates the crane under the supervision of another
person who meets the requirements in subsection

(1)(a), (b) and (c).

(9) Subsection (3)(b) does not apply if a person undergoing training as an
operator of the lifting appliance operates the lifting appliance under the
supervision of another person who meets the requirements in subsection (3)(a)
and (b).

(10) Subsection (4)(b) does not apply if the person attends to falls on winch
ends or winch drums under the supervision of another person who meets the
requirements in subsection (4)(a) and (b).