Hong Kong Regulations

MERCHANT SHIPPING (REGISTRATION) (TONNAGE) REGULATIONS - REGULATION 2

Interpretation

(Past version on 30/06/1997).

In these regulations, unless the context otherwise requires-

"Administration" (主管當局) means the Government of the state whose flag
the ship is flying;

"amidships" (船舯) means the mid point of the length (as defined below);

"breadth" (寬度) means the maximum breadth of the ship, measured amidships
to the moulded line of the frame in a ship with a metal shell and to the outer
surface of the hull in a ship with a shell of any other material;

"cargo spaces" (載貨艙位) means enclosed spaces which are included in the
computation of gross tonnage and are appropriated for the transport of cargo
to be discharged from the ship and which are permanently marked with the
letters "CC" (cargo compartment) (艙室), such letters being not less than
100 millimetres in height and so positioned as to be readily visible;

"Certifying Authority" (核准當局) means a Certifying Authority referred to
in regulation 2A; (74 of 1990 Sch. 5)

"Contracting Government" (締約國政府) means the Government of a country
which has accepted the Convention;

"Convention" (公約) means the International Convention on Tonnage
Measurement of Ships, 1969;

"Director" (處長) means the Director of Marine and includes any person
deputed or authorized by the Director to exercise any power or perform any
duty vested in or imposed upon him under these regulations;

"enclosed spaces" (圍蔽艙位) means all those spaces, other than excluded 
spaces, which are bounded by the ship's hull, by fixed or portable partitions
or bulkheads, or by decks or coverings other than permanent or moveable
awnings. No break in a deck, nor any opening in the ship's hull, in a deck or
in a covering of a space, or in the partitions or bulkheads of a space, nor
the absence of a partition or bulkhead, shall preclude a space from being
included in the enclosed spaces; and for the purposes of
this definition "excluded spaces" (免除艙位) means any of the following
spaces-

   (a)  that part of an enclosed space within an erection opposite an end
        opening and extending from the opening to an athwartship line at a
        fore and aft distance from the opening equal to half the breadth of
        the deck at the line of the opening. Such end opening shall have a
        breadth equal to or greater than 90 per cent of the breadth of the
        deck at the line of the opening and shall extend from deck to deck or
        to a curtain plate of a depth not exceeding by more than 25
        millimetres the depth of the adjacent deck beams, as specified in
        figure 1 of Schedule 2 hereto: Provided that-

        (i)    where at any point the width of the enclosed space, because of
               any arrangement except convergence of the outside plating, as
               specified in figure 3 of Schedule 2 hereto, becomes less than
               90 per cent of the breadth of the deck at the line of the
               opening, the excluded space shall extend only to an athwartship
               line intersecting that point, as specified in figures 2 and 4
               of Schedule 2 hereto;

        (ii)   where the opposite ends of 2 enclosed spaces are separated by a
               gap, which is completely open except for bulwarks or open rails
               and of fore and aft length less than half the least breadth of
               the deck at the gap, then no part of the enclosed spaces shall
               be excluded, as specified in figures 5 and 6 of Schedule 2
               hereto;

   (b)  a space under an overhead deck covering open to the sea and weather,
        having no other connection on the exposed sides with the body of the
        ship than the stanchions necessary for its support. In such a space,
        open rails or a bulwark and curtain plate may be fitted or stanchions
        fitted at the ship's side, provided that the distance between the top
        of the rails or the bulwark and the curtain plate is not less than
        0.75 metres or one-third of the height of the space, whichever is the
        greater, as specified in figure 7 of Schedule 2 hereto;

   (c)  a space in a side-to-side erection between opposite side openings not
        less in height than 0.75 metres or one-third of the height of the
        erection, whichever is the greater. If the opening in such an erection
        is provided on one side only, the space to be excluded from the volume
        of enclosed spaces shall be limited inboard from the opening to a
        maximum of one half of the breadth of the deck in way of the opening,
        as specified in figure 8 of Schedule 2 hereto;

   (d)  a space in an erection immediately below an uncovered opening in the
        deck overhead, provided that such an opening is exposed to the weather
        and the space excluded from enclosed spaces is limited to the area of
        the opening, as specified in figure 9 of Schedule 2 hereto;

   (e)  a recess in the boundary bulkhead of an erection which is exposed to
        the weather and the opening of which extends from deck to deck without
        means of closing, provided that the interior width is not greater than
        the width at the entrance and its extension into the erection is not
        greater than twice the width of its entrance, as specified in figure
        10 of Schedule 2 hereto;

   (f)  notwithstanding the provisions of paragraphs (a) to (e) inclusive, any
        space listed in those paragraphs which fulfills at least one of the
        following conditions shall be treated as an enclosed space-

        (i)    the space is fitted with shelves or other means for securing
               cargo or stores;

        (ii)   the openings are fitted with any means of closure;

        (iii)  the construction provides any possibility of such openings
               being closed;

"existing ship" (現有船舶) means a ship which is not a new ship;

"length" (長度) means the greater of the following distance-

   (a)  the distance between the fore side of the stem and the axis of the
        rudder stock; or

   (b)  a distance measure from the fore side of the stem, being 96 per cent
        of the distance between that point and the aft side of the stern, the
        said points and measurements being taken respectively at and along a
        waterline at 85 per cent of the least moulded depth of the ship. In
        the case of a ship having a rake of keel the waterline shall be
        parallel to the designed waterline;

"Load Line Rules" (載重線規則) means the Load Line Rules for the time
being in operation in Hong Kong and includes in relation to any ship not
registered in Hong Kong any corresponding rules of the country in which the
ship is registered;

"moulded depth" (型深) means-

   (a)  the vertical distance measured from the top of the keel to the
        underside of the upper deck at side. In wood and composite ships the
        distance is to be measured from the lower edge of the keel rabbet.
        Where the form at the lower part of the midship section is of a hollow
        character, or where thick garboards are fitted, the distance is to be
        measured from the point where the line of the flat of the bottom
        continued inwards cuts the side of the keel;

   (b)  in ships having rounded gunwales, the moulded depth shall be measured
        to the point of intersection of the moulded lines of the deck and side
        shell plating, the lines extending as though the gunwales were of
        angular design;

   (c)  where the upper deck is stepped and the raised part of the deck
        extends over the point at which the moulded depth is to be determined
        the moulded depth shall be measured to a line of reference extending
        from the lower part of the deck along a line parallel with the raised
        part; for the purposes of this definition-

        (i)	"upper deck" (上甲板) means the uppermost complete deck exposed to 
weather and sea, which has permanent means of weathertight closing of all
openings in the weather part thereof, and below which all openings in the
sides of the ship are fitted with permanent means of watertight closing. In a
ship having a stepped upper deck, the lowest line of the exposed deck and the
continuation of that line parallel to the upper part of the deck is taken as
the upper deck; and

        (ii)	"weathertight" (風雨密) means that in any sea conditions water 
will not penetrate into the ship;

"moulded draught" (型吃水) means-

   (a)  for ships assigned load lines in accordance with the Load Line Rules,
        the draught corresponding to the Summer Load Line (other than timber
        load lines);

   (b)  for passenger ships, the draught corresponding to the deepest
        subdivision load line assigned in accordance with the Merchant
        Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1
        September 1984) Regulations ( Cap 369 sub. leg.) or the Merchant
        Shipping (Safety) (Passenger Ship Construction and Survey) (Ships
        Built On or After 1 September 1984) Regulations ( Cap 369 sub. leg.)
        (as appropriate); (64 of 1999 s. 3)

   (c)  for ships to which no load line has been assigned but the draught of
        which is restricted by the Director, the maximum permitted draught;

   (d)  for other ships, 75 per cent of the moulded depth amidships as defined
        in this regulation;

"new ship" (新船) means a ship the keel of which is laid, or which is at a 
similar stage of construction, on or after the coming into operation of
these regulations; and for the purposes of this definition "a similar stage of
construction" (相若建造階段) means the stage at which-

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

   (b)  assembly of that ship has commenced comprising at least 50 tonnes or 1
        per cent of the estimated mass of all structural material whichever is
        the less;

"passenger" (乘客) means any person carried in a ship except-

   (a)  a person employed or engaged in any capacity on board the ship on the
        business of the ship;

   (b)  a person on board the ship either in pursuance of the obligation laid
        upon the master to carry shipwrecked distressed or other persons, or
        by reason of any circumstances that neither the master nor the owner
        nor the charterer (if any) could have prevented or forestalled; and

   (c)  a child under one year of age;

"oil tanker" (油輪) means a ship constructed or adapted to carry oil in bulk
in its cargo spaces and includes combination carriers; for the purposes of
this definition "combination carrier" (油類與散貨兩用船) means a ship
designed to carry either oil or solid cargoes in bulk;

"the Ordinance" (本條例) means the Merchant Shipping (Registration)
Ordinance ( Cap 415); (74 of 1990 Sch. 5)

"pleasure vessel" (遊樂船隻) means a vessel primarily used for sport or
recreation;

"Registrar" (註冊官) means the Registrar of Ships appointed under section 4
of the Ordinance. (74 of 1990 Sch. 5)

"surveyor" (驗船師) means a surveyor appointed by a Certifying Authority;

"trawler" (拖網漁船) has the meaning assigned to it in section 91 of the
Merchant Shipping Ordinance ( Cap 281);

"waters of Hong Kong" (香港水域) has the meaning assigned to it in the
Interpretation and General Clauses Ordinance ( Cap 1).

"Administration" (主管當局)

"amidships" (船舯)

"breadth" (寬度)

"cargo spaces" (載貨艙位) "CC" (cargo compartment) (艙室)

"Certifying Authority" (核准當局)

"Contracting Government" (締約國政府)

"Convention" (公約)

"Director" (處長)

"enclosed spaces" (圍蔽艙位)

"excluded spaces" (免除艙位)

"existing ship" (現有船舶)

"length" (長度)

"Load Line Rules" (載重線規則)

"moulded depth" (型深)

"upper deck" (上甲板)

"weathertight" (風雨密)

"moulded draught" (型吃水)

"new ship" (新船)

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

"passenger" (乘客)

"oil tanker" (油輪)

"combination carrier" (油類與散貨兩用船)

"the Ordinance" (本條例)

"pleasure vessel" (遊樂船隻)

"Registrar" (註冊官)

"surveyor" (驗船師)

"trawler" (拖網漁船)

"waters of Hong Kong" (香港水域)