Hong Kong Regulations

MERCHANT SHIPPING (SAFETY) (DANGEROUS GOODS AND MARINE POLLUTANTS) REGULATION - SECT 3

General duties of shipowners, employers and masters

Caution: This is a past version. See the current version here.

(1) Every shipowner, employer of persons aboard a ship and every master of a
ship, shall ensure, so far as is reasonably practicable, that when any
dangerous goods are being carried, stowed, or handled on the ship or loaded
onto or unloaded from the ship, nothing in the manner in which those goods are
carried, stowed, handled, loaded or unloaded as the case may be, is such as
might create a risk to the health or safety of any person.

(2) Without prejudice to the generality of subsection (1), the matters to
which the duty of the shipowner, the employer or the master extends, shall
include in particular -

   (a)  the provision and maintenance of ship's equipment for the handling,
        stowage and carriage of dangerous goods, which shall be, so far as is
        reasonably practicable, safe and without risk to health;

   (b)  the provision of such information, instructions, training and
        supervision as is necessary to ensure, so far as is reasonably
        practicable, the health and safety aboard the ship of employees in
        connection with the handling, stowage and carriage of dangerous goods
        on the ship.

(3) Any person who fails to comply with subsection (1) commits an offence and
is liable to a fine at level 3.

(4) It shall be a defence to a charge under this section in relation to the
handling, loading or unloading of dangerous goods that such handling, loading
or unloading as the case may be, was carried out in accordance with the Code
of Practice for the Handling, Loading and Unloading of Dangerous Goods in
Harbour Areas published at Annex 1 to Merchant Shipping Notice No. M1213 (UK).
(Enacted 1994)