Hong Kong Regulations

MERCHANT SHIPPING (INSTRUCTIONS TO SURVEYORS) (PASSENGER SHIPS) REGULATIONS - PREAMBLE

Preamble

(Past version on 30/06/1997).

PRELIMINARY

I. Object of instructions and responsibility of surveyors

The object of these instructions is to secure uniformity of action by
Government surveyors of ships in the performance of their duties in regard to
the survey of passenger ships under the provisions of the Merchant 
Shipping Ordinance ( Cap 281) and also to indicate to shipowners, shipbuilders
and others concerned the conditions under which the Governor is prepared to
issue safety certificates or passenger certificates. Government surveyors are
in no case to give a declaration either for the hull, boilers, machinery or
equipment or any other matter unless they are fully satisfied that all the
requirements of the Merchant Shipping  Ordinance ( Cap 281) and of the
Merchant Shipping Acts 1894 to 1958+, relating to these matters have been
complied with. It is the duty of the Government surveyors of ships to satisfy
themselves personally regarding every detail of the survey of a passenger ship
and not, without the authority of the Principal Surveyor of Ships, to trust to
any certificate or other document given by any person not responsible to the
Governor. This instruction does not apply to certificates of compass
adjustment.

II. Definitions

(1) So far as the same are not inconsistent with the provisions of these
instructions the definitions contained in regulation 2 of the
Merchant Shipping (Life Saving Appliances) Regulations 1935 shall apply in the
interpretation of these instructions. (24 of 2005 s. 55)

(2) In these instructions-

"Principal Surveyor of Ships" (首席驗船師) means the Assistant Director
of Marine (Ship Surveys);

"Declaration of Survey" (檢驗聲明書) means a declaration made under Part
VI of the Merchant Shipping Ordinance ( Cap 281);

"Safety convention ship" (安全公約船舶) means a ship belonging to a
country to
which the Safety Convention applies and the expression "Safety Convention
passenger steamer" (安全公約客輪) shall be construed accordingly;

"Special passenger trade" (特別客運業) or "Simla Special Trade"
(西姆拉特別業務) means any passenger trade in which passenger steamers
are employed in the
carriage of large numbers of unberthed passengers, and "special passenger
trade voyage" (特別客運業航程) shall be construed accordingly.

III. Application for survey

Every passenger steamer must be surveyed at least once every year. The survey
will be arranged on the application of the owners whose duty it is to cause
such survey to be made. Application for survey should be made on the form
Surveys 6 which can be obtained at the Principal Surveyor of Ship's Office.

IV. Notice of survey

In order that the survey may be taken in hand without delay, at least three
days' notice should be given to the Principal Surveyor of Ships.

V. Fees to be paid before survey is commenced

Except by the express direction of the Principal Surveyor of Ships, no survey
shall be commenced until the appropriate fee is paid.

VI. Presence of owner & c. at survey

Government surveyors of ships should, if possible, make their inspections when
the owner, agent, master or chief mate and chief engineer of the vessel are
present. Defects can then be pointed out to the proper persons without
incurring the uncertainty and delay attendant upon messages delivered to
subordinate officers. If the owners do not instruct a responsible
representative to be present, the Government surveyor of ships will proceed
with the survey in his absence.

VII. Written statement of repairs

In order to prevent mistakes as to the nature and extent of repairs required
by the Government surveyors whenever they cannot give a declaration until
repairs are effected or alterations made, they will, on request, give to the
owner or agent a written statement of the nature and extent of the defects to
be remedied or alterations required. If any difference of opinion should arise
or any questions be raised between the Government surveyor of ships and the
owner, or other persons interested in the survey, the case should be reported
to the Principal  Surveyor of Ships.

VIII. Alterations made subsequent to survey

After the completion of the survey no change is to be made in the approved
structural arrangements, watertight subdivision arrangements, passenger
accommodation, equipments or machinery without the sanction of the
Principal Surveyor of Ships. Surveyors should therefore make it generally
known to owners and their technical representatives that where it is proposed
to make any alterations or additions affecting the ship or its machinery or
equipments, or the passengers'or crew's accommodation, prior information
should be given to the Principal Surveyor of Ships so that appropriate action
can be taken before such alterations or additions are made. In all cases the
Principal Surveyor of Ships will decide whether or not it will be necessary to
issue fresh declarations or certificates.

IX. Accidents and damage

When from any cause a passenger steamship has sustained damage affecting her
seaworthiness or efficiency in any part of her hull, equipments or machinery a
Government surveyor of ships is to go on board and ascertain the extent of the
damage. The surveyor should at once report to the Principal Surveyor of Ships
the result of his examination, and whether in his opinion the vessel is
rendered inefficient or unseaworthy in hull, machinery or equipment, and
whether or not he has detained the ship. On completion of any repairs a full
report is to be filed in the office of the Principal Surveyor of Ships.

X. Survey for issue of a certifying letter

For the convenience of ship-builders and shipowners, the Government allows the
surveyors to undertake the survey, or partial survey, during construction, of
ships which will not qualify for a passenger certificate owing to the absence
of passenger accommodation, or to non-compliance with the regulations having
reference to hull, life-saving appliances, or other part of the equipment,
machinery or boilers, and after such a survey, or partial survey (which may
include the steam trial), the Government will, if desired, issue a letter
certifying that the hull, machinery, boilers, or other parts specified, have
been constructed to the satisfaction of the surveyor, and that, had the
regulations been fully complied with in all other respects, the ship would
have been entitled to a passenger certificate under the provisions of the
Merchant Shipping Ordinance ( Cap  281). In the survey for a certifying letter
the procedure should be identical with that followed in the survey for
passenger certificate. A letter similar in character to the above will be
issued by the Government in respect of new engines, boilers, or auxiliary
machinery which have been constructed under survey in the usual way, but do
not comply with the highest legal requirements, and are therefore not entitled
to a certificate. When for any reason, a ship is not to be surveyed during
construction for a passenger certificate or certifying letter the
Principal Surveyor of  Ships will undertake to examine and advise upon any
plans showing the hull scantlings, watertight subdivision and other
arrangements and details proposed for the ship, and, where the final proposals
comply with the legal requirements for passenger ships, to issue a certifying
letter to that effect.
___________________________________________________________________ Note: +
Please also see following-

   (a)  in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to
        Cap 415 and s. 1 of Schedule 2 to Cap 508;

   (b)  in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of
        Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.

"Principal Surveyor of Ships" (首席驗船師)

"Declaration of Survey" (檢驗聲明書)

"Safety convention ship" (安全公約船舶)

"Safety Convention passenger steamer" (安全公約客輪)

"Special passenger trade" (特別客運業)

"Simla Special Trade" (西姆拉特別業務)

"special passenger trade voyage" (特別客運業航程)