Hong Kong Regulations

MERCHANT SHIPPING (SAFETY) (CARGO SHIP CONSTRUCTION AND SURVEY) (SHIPS BUILT ON OR AFTER 1 SEPTEMBER 1984) REGULATIONS - REGULATION 1

Citation, interpretation, application and exemption

(Past version on 13/07/2001).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

PART I

GENERAL

(1) These regulations may be cited as the Merchant Shipping (Safety) (Cargo
Ship Construction and Survey) (Ships Built On or After 1 September 1984)
Regulations.

(1A) (Omitted as spent)

(2) In these regulations-

" 'A' Class division " ('A'級隔板) means a bulkhead or part of a deck which
is defined as such in the Merchant Shipping (Safety) (Fire Protection) (Ships
Built On or After 1 September 1984) Regulations ( Cap 369 sub. leg.);

"accommodation spaces" (起居艙) means passenger spaces, corridors,
lavatories, cabins, offices, crew spaces, hairdressing salons, pantries not
containing cooking appliances, lockers and similar spaces;

"anniversary date" (周年日期) means the date in each year corresponding to
the date of expiry of the cargo ship safety construction certificates;

"auxiliary steering gear" (輔助舵機) means the equipment, other than any
part of the main steering gear, necessary to steer the ship in the event of
failure of the main steering gear but not including the tiller, quadrant or
components serving the same purpose;

" 'B' Class division of BO standard " (BO標準的'B'級隔板) means a
bulkhead, ceiling or lining defined as such in the Merchant Shipping (Safety)
(Fire Protection) (Ships Built On or After 1 September 1984) Regulations (
Cap  369 sub. leg.);

"bulk carrier" (散裝貨輪) means a ship which is constructed generally with
single deck, top-side tanks and hopper side tanks in cargo spaces, and is
intended primarily to carry dry cargo in bulk, and includes such types as ore
carriers and combination carriers; (L.N. 480 of 1996)

"bulkhead deck" (艙壁甲板) means the deck up to which the majority of
transverse watertight bulkheads are carried;

"cargo area" (貨物區) means that part of a ship which contains
cargo spaces, slop tanks and cargo pump rooms, cofferdams, ballast and void
spaces adjacent to cargo tanks and also deck areas throughout the length and
breadth of the part of the ship over such spaces;

"cargo control station" (貨物控制站) means a space from which the
loading, discharging or transferring of any cargo may be controlled;

"cargo pump room" (貨泵房) means a room in which any pumps used for
loading, discharging or transferring cargoes are located;

"cargo spaces" (貨艙) means all spaces used for cargo, including cargo
tanks, and trunks to such spaces;

"Certifying Authority" (核證當局) means the Director or any person
authorised by the Director where appropriate;

"chemical tanker" (化學品液貨船) means a cargo ship constructed or
adapted and used for the carriage in bulk of any liquid product listed in
either Chapter 17 of the International Code for the Construction and Equipment
of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety
Committee by Resolution MSC.4(48), or Chapter VI of the Code for the
Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk
adopted by the Assembly of the International Maritime Organization by
Resolution A.212(VII); (L.N. 480 of 1996)

"combination carrier" (油類/散貨兩用船) means a ship designed to carry
either oil or solid cargoes in bulk; (L.N. 480 of 1996)

"conning position" (指揮位置) means the position from which the navigation
of a ship is controlled; (L.N. 107 of 2001)

"control stations" (控制站) means spaces in which radio or main navigating
equipment, or the emergency source of power, or the central fire recording, or
fire control equipment, or fire extinguishing installations are located or a
control room located outside a propelling machinery  space;

"dangerous goods" (危險貨物) means goods defined as such in the Merchant 
Shipping (Safety) (Dangerous Goods) Regulations ( Cap 369 sub. leg.);

"dead ship condition" (廢船狀態) means that condition under which the main
propulsion plant, boilers and auxiliaries are not in operation due to the
absence of power;

"deadweight" (載重量) means the difference in tonnes between the
displacement of a ship at the summer load waterline in water of a specific
gravity of 1.025 and the lightweight of the ship;

"emergency condition"(緊急情況) means a condition under which any services
needed for normal operational and habitable conditions are not in working
order due to failure of the main source of electrical power;

"emergency source of electrical power" (應急電源) means a source of
electrical power intended to supply the emergency switchboard in the event of
failure of the supply from the main source of electrical power;

"emergency switchboard" (應急配電板) means a switchboard which in the
event of failure of the main electrical power supply system is directly
supplied by the emergency source of electrical power or the transitional
source of emergency power and is intended to distribute electrical energy to
the emergency services;

"forward perpendicular" (首垂線) means the perpendicular defined as such in
the Merchant Shipping (Safety) (Load Line) Regulations ( Cap 369 sub. leg.);

"freeboard deck" (乾舷甲板) means the deck defined as such in the
Merchant  Shipping (Safety) (Load Line) Regulations ( Cap 369 sub. leg.);

"gas carrier" (氣體運輸船) means a cargo ship constructed or adapted and
used for the carriage in bulk of any liquefied gas or other product listed in
either Chapter 19 of the International Code for the Construction and Equipment
of Ships Carrying Liquefied Gases in Bulk adopted by the Maritime Safety
Committee by Resolution MSC.5(48) or Chapter XIX of the Code for the
Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted
by the International Maritime Organization by Resolution A.328(IX); (L.N. 480
of 1996)

"hazardous area" (危險範圍) means an area in which explosive gas-air
mixtures are, or may be expected to be, present in quantities such as to
require special precautions for the construction and use of electrical
apparatus or other apparatus which otherwise would constitute a source of
ignition;

"Hong Kong ship" (香港船舶) means a ship which is registered in Hong Kong;

"length" (長度) means the length of the ship ascertained in accordance with
the requirements of the Merchant Shipping (Safety) (Load Lines) (Length of 
Ship) Regulations ( Cap 369 sub. leg.);

"lightweight" (空載重量) means the displacement of a ship in tonnes
without cargo, fuel, lubricating oil, ballast water, feed water and fresh
water in tanks, consumable stores, passengers and crew and their effects;

"machinery alarm and control centre" (機械警報與控制中心) means the
position from which the propelling and auxiliary machinery can be controlled
and where the alarms, other than those located in accommodation spaces and at
the navigating bridge, necessary for the safe operation of such machinery are
located;

"machinery control room" (機械控制室) means a room from which the
propelling machinery and boilers serving the needs of propulsion may be
controlled;

"machinery space" (機艙) means any space which contains propelling
machinery, boilers, oil fuel units, steam and internal combustion engines,
generators and major electrical machinery, oil filling stations,
refrigerating, stabilising, ventilation and air conditioning machinery, and
similar spaces; and, where the context so admits, any trunk to such a space;

"machinery spaces of Category A" (A類機艙) means a machinery space which
contains-

   (a)  internal combustion type machinery used either for main propulsion
        purposes, or for other purposes where such machinery has in the
        aggregate a total power output of not less than 375 kilowatts, or

   (b)  any oil fired boiler or oil fuel unit; and any trunk to such a space.

"main generating station" (主發電站) means the space in which the
main source  of electrical power is situated;

"main source of electrical power" (主電源) means a source intended to
supply electrical power to the main switchboard for distribution to all
services necessary for maintaining a ship in normal operational and habitable 
condition;

"main steering gear" (主舵機) means the machinery, rudder actuators,
steering  gear power units, if any, and auxiliary equipment and the means of
applying torque to the rudder stock, such as the tiller or quadrant, necessary
for effecting movement of the rudder for the purpose of steering the ship
under normal service conditions;

"main switchboard" (主配電板) means the switchboard which is directly
supplied by the main source of electrical power and is intended to distribute
electrical energy to the ship's services;

"maximum ahead service speed" (最大前進航度) means the greatest speed
which the ship is designed to maintain at sea at her deepest seagoing draught;

"maximum astern speed" (最大後退速度) means the greatest speed which it
is estimated the ship can attain at the designed maximum astern power at the
deepest sea going draught;

"Merchant Shipping Notice" (商船公告) means a Notice described as such,
issued by the United Kingdom Department of Transport; and includes a reference
to any document amending or replacing that Notice which is approved by the
Director and notified to this effect in the Gazette;

"navigable speed" (可航行速度) means the minimum speed at which the ship
can be effectively steered in the ahead direction;

"noise level" (噪音聲級) means 'A' weighted sound pressure level in
decibels dB(A) as defined and tabulated in the British Standards specification
number BS5969:1981 or other equivalent standard acceptable to the Director;

"normal operational and habitable condition" (正常操作和適居狀況) is
a condition under which the ship as a whole, the machinery, services, means
and aids ensuring propulsion, ability to steer, safe navigation, fire and
flooding safety, internal and external communications and signals, means of
escape and emergency boat winches, as well as the designed comfortable
conditions of habitability are in working order and functioning normally;

"oil fuel unit" (燃油機組) means the equipment used for the preparation of
oil fuel for delivery to an oil fired boiler or equipment used for the
preparation for delivery of heated oil to an internal combustion engine and
includes any oil pressure pumps, filters and heaters dealing with oil at a
pressure greater than 1.8 bar gauge;

"oil tanker" (油輪) means an oil tanker defined as such in regulation 1(2)
of the Merchant Shipping (Prevention of Oil Pollution) Regulations ( Cap  413
sub. leg.); (L.N. 415 of 1995)

"passenger spaces" (客艙) means all spaces which are provided for the
accommodation and use of passengers, excluding baggage, store, provision and
mail rooms; (L.N. 415 of 1995)

"post 1992 ship" (1992年後建造的船舶) means a ship to which these
regulations apply and having its keel laid on or being at a similar stage of 
construction on or after 1 February 1992; (L.N. 415 of 1995)

"post 1994 ship" (1994年後建造的船舶) means a ship to which these
regulations apply and having its keel laid on or being at a similar stage of 
construction on or after 1 October 1994; (L.N. 415 of 1995)

"post 1995 ship" (1995年後建造的船舶) means a ship to which these
regulations apply and having its keel laid on or being at a similar stage of 
construction on or after 1 February 1995; (L.N. 415 of 1995)

"power actuating system" (動力驅動系統) means the hydraulic equipment
provided for supplying power to turn the rudder stock, comprising a
steering gear  power unit or units, together with the associated pipes and
fittings, and a rudder actuator. The power actuating systems may share common
mechanical components, that is, tiller, quadrant and rudder stock or
components serving the same purpose;

"Reid vapour pressure" (雷德蒸氣壓力) means the vapour pressure of a
liquid as determined by laboratory testing in a standard manner in the Reid
apparatus;

"service space" (服務艙) includes galleys, pantries containing cooking
appliances, lockers, species rooms, laundries, store rooms, workshops other
than those forming part of machinery spaces and similar spaces and trunks to
such spaces;

"settling tank" (沉澱櫃) means an oil storage tank having a heating surface
of not less than 0.183 square metre per tonne of oil capacity;

"similar stage of construction" (相若建造階段) means a stage at which-

   (a)  construction identifiable with a specific ship begins; and

   (b)  assembly of that ship, comprising at least 50 tonnes or 1% of the
        estimated mass of all structural material, whichever is the less, has
        commenced; (L.N. 415 of 1995)

"steering gear control system" (舵機控制系統) means the equipment by
which orders are transmitted from the navigating bridge to the steering gear 
power units. Steering gear control systems comprise transmitters, receivers,
hydraulic control pumps and their associated motors, motor controllers, piping
and cables;

"steering gear power unit" (舵機動力機組) means-

   (a)  in the case of electric steering gear, the electric motor and its
        associated electrical equipment; or

   (b)  in the case of electro-hydraulic steering gear, the electric motor,
        its associated electrical equipment and connected pump; or

   (c)  in the case of steam-hydraulic or pneumatic-hydraulic steering gear,
        the driving engine and connected pump;

"steering position" (操舵位置) means the position from which the ship is
being steered; (L.N. 107 of 2001)

"suitable" (適合) in relation to material means approved by the Director as
suitable for the purpose for which it is used;

"surveyor" (驗船師) means a surveyor appointed by a Certifying Authority, a
marine surveyor of the United Kingdom Department of Transport and a Government
surveyor appointed under section 5 of the Ordinance;

"tanker" (液貨船) means a cargo ship constructed or adapted for the
carriage in bulk of liquid cargoes of a flammable nature and except where the
context otherwise requires, includes a gas carrier and a chemical tanker;

"tons" (噸) means gross tons and a reference to tons-

   (a)  in relation to a ship having alternative gross tonnages under
        paragraph 13 of Schedule 5 of the Merchant Shipping (Registration) 
        (Tonnage) Regulations ( Cap 415 sub. leg.) is a reference to the
        larger of those tonnages; and

   (b)  in relation to a ship having its tonnage determined both under Part II
        and regulation 16 of those regulations is a reference to its gross
        tonnage as determined under regulation 16 of those regulations;

"upper deck" (上甲板) means the uppermost complete deck exposed to the sea
and weather fitted as an integral part of the ship's structure, being a deck,
openings in the weather portions of which are fitted with permanent means of
closing and below which all openings in the sides of the ship are fitted with
permanent means of watertight closing.

(23 of 1998 s. 2)

(2A) A reference to the Codes referred to in the definitions of

"chemical tanker" and "gas carrier" shall be a reference to those Codes as
amended from time to time by the International Maritime Organization.

(3) Subject as otherwise provided, these regulations apply to new sea-going
Hong Kong cargo ships of 500 tons or over wherever they may be. (L.N. 415 of
1995)

(3A) For the purposes of subregulation (3)-

"cargo ship" (貨船) means a ship which is not a-

   (a)  passenger ship;

   (b)  troop ship;

   (c)  trawler to which Part XII of the Merchant Shipping Ordinance (
        Cap 281) applies;

   (d)  vessel which is for the time being used for any purpose by the Hong
        Kong Government or any state;

   (e)  vessel authorized by virtue of a passenger and safety certificate to
        carry passengers within River Trade Limits;

   (f)  (Repealed 43 of 1999 s. 91)

   (g)  ship not propelled by mechanical means; "new" (新) means in relation
        to a ship, having its keel laid on or being at a
        similar stage of construction on or after 1 September 1984. (L.N. 415
        of 1995)

(4) The Director may grant exemptions from all or any of the provisions of
these regulations (as may be specified in the exemption) for classes of cases
or individual cases on such terms (if any) as he may so specify and may,
subject to giving reasonable notice, alter or cancel any such exemption.
(Enacted 1991)

" 'A' Class division " ('A'級隔板)

"accommodation spaces" (起居艙)

"anniversary date" (周年日期)

"auxiliary steering gear" (輔助舵機)

" 'B' Class division of BO standard " (BO標準的'B'級隔板)

"bulk carrier" (散裝貨輪)

"bulkhead deck" (艙壁甲板)

"cargo area" (貨物區)

"cargo control station" (貨物控制站)

"cargo pump room" (貨泵房)

"cargo spaces" (貨艙)

"Certifying Authority" (核證當局)

"chemical tanker" (化學品液貨船)

"combination carrier" (油類/散貨兩用船)

"conning position" (指揮位置)

"control stations" (控制站)

"dangerous goods" (危險貨物)

"dead ship condition" (廢船狀態)

"deadweight" (載重量)

"emergency condition" (緊急情況)

"emergency source of electrical power" (應急電源)

"emergency switchboard" (應急配電板)

"forward perpendicular" (首垂線)

"freeboard deck" (乾舷甲板)

"gas carrier" (氣體運輸船)

"hazardous area" (危險範圍)

"Hong Kong ship" (香港船舶)

"length" (長度)

"lightweight" (空載重量)

"machinery alarm and control centre" (機械警報與控制中心)

"machinery control room" (機械控制室)

"machinery space" (機艙)

"machinery spaces of Category A" (A類機艙)

"main generating station" (主發電站)

"main source of electrical power" (主電源)

"main steering gear" (主舵機)

"main switchboard" (主配電板)

"maximum ahead service speed" (最大前進航度)

"maximum astern speed" (最大後退速度)

"Merchant Shipping Notice" (商船公告)

"navigable speed" (可航行速度)

"noise level" (噪音聲級)

"normal operational and habitable condition" (正常操作和適居狀況)

"oil fuel unit" (燃油機組)

"oil tanker" (油輪)

"passenger spaces" (客艙)

"post 1992 ship" (1992年後建造的船舶)

"post 1994 ship" (1994年後建造的船舶)

"post 1995 ship" (1995年後建造的船舶)

"power actuating system" (動力驅動系統)

"Reid vapour pressure" (雷德蒸氣壓力)

"service space" (服務艙)

"settling tank" (沉澱櫃)

"similar stage of construction" (相若建造階段)

"steering gear control system" (舵機控制系統)

"steering gear power unit" (舵機動力機組)

"steering position" (操舵位置)

"suitable" (適合)

"surveyor" (驗船師)

"tanker" (液貨船)

"tons" (噸)

"upper deck" (上甲板)

"cargo ship" (貨船) "new" (新)