MERCHANT SHIPPING (CERTIFICATION OF OFFICERS) REGULATIONS
Title
MERCHANT SHIPPING (CERTIFICATION OF OFFICERS) REGULATIONS
Description
1981 ed cap.281 A1 1981 ed cap.281 A2 MERCHANT SHIPPING (CERTIFICATION OF OFFICERS)
REGULATIONS
(Cap. 281, sections 5 and 6A)
[1 September 1981]
PART I
PRELIMINARY
1. These regulations may be cited as the Merchant Shipping (Certification of Officers)
Regulations.
2. (1) In these regulations, unless the context otherwise requires -
'dynamically supported ship' means a ship that is operable on or above water and the weight
of which or, a significant part thereof, is balanced in one mode of operation by other than
hydrostatic forces;
'GRT' in relation to a ship, means its gross register tonnage and the gross tonnage of a
ship having alternative gross tonnages shall be taken to be the larger of those tonnages;
'foreign-going ship' means a ship engaged on a voyage not confined to river trade limits;
'Merchant Shipping (Certification of Deck Officers) Regulations 1980' means those
regulations made by the Secretary of State;
'Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1980' means those
regulations made by the Secretary of State;
'passenger ship' means a ship carrying more than 12 passengers;
'proper officer' means a consular officer appointed by Her Majesty's Government of the
United Kingdom and, in relation to a port in a country outside the United Kingdom which is
not a foreign country, the public officer exercising, in that port, supervision over the
engagement and discharge of seamen;
'registered power' means the brake or shaft power specified in the ship's certificate of
registry;
'ship' means, except in regulation 3, a ship to which these regulations apply.
(2)(a) In these regulations, references to a certificate of a numbered class are references
to a certificate of the class which bears the number as mentioned in Parts II and III. (b) In these regulations, in references to ' a class appropriate to
the station', the class appropriate to a particular station
shall be determined according to the following list -
Appropriate class Station
Deck Officer Department -
Class 1 Master
Class 2 First Mate
Class 3 Second Mate
Class 4 Third Mate
Marine Engineer Officer Department -
Class 1 Chief Engineer
Class 2 Second Engineer
Class 3 Third Engineer
Class 4 Fourth Engineer
Provided that -
(i) nothing in these regulations shall prohibit an officer
who holds a certificate of a particular class from manning a
station lower in the list in his department than that
appropriate to that class;
(ii) in the case of a ship mentioned in items 4 and 3 of
the table in regulation 13(1), an engineer officer holding a
Class 4 certificate may man a statio as Third Engineer;
(iii) in the case of a ship mentioned in item 5 of the table
in regulation 13(1), and engineer officer holding a Class 2
certificate may man a station as Chief Engineer and an
engineer officer holding a Class 3 certificate may man a
station as Second Engineer;
(iv) nothing in these regulations shall authorize an
officer to man a station in a ship in respect of which he is
not qualified by the terms of his certificate; and
(v) no class of certificate relating to river trade shall be
an appropriate class to man any station in a ship proceed-
ing on a voyage not confined to river trade limits.
3. (1) These regulations apply to -
(a) all ships that are registered by the Registrar of British ships
appointed to act in the Colony under the Merchant Ship-
ping Acts; except those vessels to which Part IV of the
Shipping and Port Control Ordinance applies; and
(b) all other ships, being passenger ships, carrying passengers
to or from the Colony from or to a place outside the
Colony.
(2) The Director may permit exemptions from all or any
provisions of these regulations in respect of any case or class of case.
PART II
CERTIFICATION OF DECK
OFFICERS
4. (1) For the purposes of these regulations, a deck officer
shall be qualified -
(a) if he holds a certificate of competency as a deck officer
issued under these regulations or a certificate which is to be
treated as equivalent to such a certificate under regulation
5; and
(b) such certificate is in force in relation to a class appropriate
to the station held by him in the ship.
(2) (a) A general certificate of competency issued by the
Director shall be of one of the following classes -
Certificate of Competency (Deck Officer) Class 1
(Master Mariner)
Certificate of Competency (Deck Officer) Class 2
Certificate of Competency (Deck Officer) Class 3
Certificate of Competency (Deck Officer) Class 4
(b) A certificate of competency of a class mentioned in the list
in this paragraph shal be of a higher class than a certificate
of a class mentioned after it in that list.
(3) (a) A river trade certificate of competency issued by the
Director shall be of one of the following classes-
Certificate of Competency (Deck Officer) (River
Trade) Class 1
Certificate of Competency (Deck Officer) (River
Trade) Class 2
Certificate of Competency (Deck Officer) (River
Trade) Class 3
(b) A river trade certificate of competency of a class mentioned
in the list in this paragraph shall be of a higher class than a
certificate of a class mentioned after it in that list.
(4) Any certificate issued to a deck officer may be issued
subject to any qualifications or limitations endorsed theron.
5. (1) Certificates of competency and of service issued under
or recognized by the Merchant Shipping (Certification of Deck
Officers) Regulations 1980, which have an equivalent under these
regulations, shall be equivalent to certificates of competency or
of service of the same class or description issued under these
regulations.
(2) Certificates of competency, other than those issued under these
regulations, which are specified by the Secretary of State under
regulation 5(1) of the Merchant Shipping (Certification of Deck Officers)
Regulations 1980 shall be evidence of the attainment of a standard of
competency required for the issue of a certificate under these
regulations of the same class or description.
(3) A certificate of competency as Master, First Mate and
Second Mate of a foreign-going ship obtained under section 6 of the
Ordinance before 1 September 1981 shall be equivalent, respectively,
to a Certificate of Competency (Deck Officer) Class 1 (Master
Mariner), a Certificate of Competency (Deck Officer) Class 2 and a
Certificate of Competency (Deck Officer)Class 3, issued under these
regulations.
(4) A certificate of service (Deck Officer) as Third Mate of a
foreign-going ship granted by the Director shall be equivalent to a
Certificate of Competency (Deck Officer) Class 4 issued under these
regulations.
(5) A certificate of service as master of a foreign-going ship
granted under section 99 of the principal Act shall be equivalent
to a certificate of competency issued under these regulations as
it is treated as equivalent to a certificate of competency issued
under the Merchant Shipping (Certification of Deck Officers)
Regulations 1980.
(6) A certificate of service (Deck Officer) (River Trade) Class 3
granted by the Director shall be equivalent to a Certificate of
Competency (Deck Officer)(Rive Trade) Class 3 issued under these
regulations.
PART III
CERTIFICATION OF ENGINEER OFFICERS
6. (1) For the purposes of these regulations, an engineer
officer shall be qualified -
(a) if he holds a certificate of competency as an engineer officer
issued under these regulations or a certificate which is
treated as equivalent to such a certificate under regulation
7; and
(b) such certificate is in force in relation to a class appropriate
to the station held by him in the ship.
(2) (a) A general certificate of competency issued by the
Director shall be of one of the following classes-
Certificate of Competency (Marine Engineer Officer)
Class 1
Certificate of Competency (Marine Engineer Officer)
Class 2
Certificate of Competency (Marine Engineer Officer)
Class 3
Certificate of Competency (Marine Engineer Officer)
Class 4.
(b) Certificates in Class 3 shall not be issued in respect of steam-
powered machinery.
(c) A certificate of competency of a class mentioned in the list
in this paragraph shall be of a higher class than a certificate
of a class mentioned after it in that list.
(3) (a) A river trade certificate of competency issued by the
Director shall be of one of the following classes -
Certificate of Competency (Marine Engineer Officer)
(River Trade) Class 1
Certificate of Competency (Marine Engineer Officer)
(River Trade) Class 2
Certificate of Competency (Marine Engineer Officer)
(River Trade) Class 3.
and shall not be issued in respect of steam-powered
machinery.
(b) A river trade certificate of competency of a class in the list
in this paragraph shall be of a higher class than a certificate
of a class mentioned after it in that list.
(4) Any certificate issued to a marine engineer officer may be
issued subject to any qualifications or limitations endorsed thereon.
7. (1) Certificates of competency and of service issued under
or recognized by the Merchant Shipping (Certification of Marine
Engineer Officers) Regulations 1980, which have an equivalent
under these regulations, shall be equivalent to certificates of com-
pantency or of service of the same class or description issued under
these regulations.
(2) Certificates of competency, other than those issued under
these regulations, which are specified by the Secretary of State under
regulation 6(3) of the Merchant Shipping (Certification of Marine
Engineer Officers) Regulations 1980 shall be evidence of the attain-
ment of a standard of competency required for the issue of a
certificate under these regulations of the same class or description.
(3) A certificate of competency as First Class Engineer and
Second Class Engineer obtained under section 6 of the Ordinance
before 1 September 1981 shall be equivalent, respectively, to a
Certificate of Competency (Marine Engineer Officer) Class 1 and a
Certificate of Competency (Marine Engineer Officer) Class 2 issued
under these regulations.
(4) Certificates of service as Marine Engineer Officer Class 3 or 4 of
a foreign-going ship granted by the Director shall be equivalent,
respectively, to Certificates of Competency as Marine Engineer Officer
Class 3 or Class 4.
(5) A certificate of service as First Class Engineer or Second
Class Engineer granted under section 99 of the principal Act shall be
equivalent to a certificate of competency issued under these regula-
tions as it is treated as equivalent to a certificate of competency
issued under the Merchant Shipping (Certificate of Marine Engi-
neer Officer) Regulations 1980.
(6) A certificate of service (Marine Engineer Officer) (River
Trade) Class 3 granted by the Director shall be equivalent to a
Certificate of Competency (Marine Engineer Officer)(River Trade)
Class 3 issued under these regulations.
PART IV
GENERAL STANDARDS AND CONDITIONS
8. (1) The Director may make rules prescribing-
(a) the standards of competency to be attained and the condi-
tions to be satisfied by a person or class of persons to
qualify for certificates of competency or a certificate of
competency of particular class under these regulations;
(b) the standards of competency to be attained and the condi-
tions to be satisfied by a person or class of persons seeking
endorsements to their certificates to qualify them in respect
of particular ships, particular classes of ships, or ships
carrying particular cargoes or particular classes of cargoes;
(c) the conditions to be established by a person seeking an
extension of the validity of his certificate; and
(d) the manner in which the attainment of any such standards
or the satisfaction of any such conditions is to be
established.
(2) The Director may publish the rules made under paragraph
(1) in such manner as he thinks fit and shall, on payment of the
appropriate fee, provide a copy of the rule to any person.
(3) Notwithstanding anything contained in these regulations
or the rules made under paragraph (1), the Director shall not issue
any certificate unless he is satisfied that the applicant is a fit person
to be a holder of the certificate and to act competently in the
capacity to which it relates.
PART V
SPECIAL CONDITIONS
9. (1) Subject to regulation 8 and rules made thereunder, the
conditons to be established by a person who applies for a Certificate
of Service (Deck Officer) as Third Mate of a foreign-going ship shall
be-
(a) that he has served as a watchkeeping deck officer of a
foreign-going ship for a period of not less than 3 years
falling in the period of 6 years immediately preceding 1
September 1981;
(b) that at least 12 months of the 3 years' service mentioned in
paragraph (a) was served as Third Mate in foreign-going
ship registered in the United Kingdom or registered by the
Registrar of British Ships appointed to act in the Colony
under the Merchant Shipping Acts; and
(c) that he produces such evidence as the Director may
require-
(i) of service in accordance with paragraphs (a) and
(b); and
(ii) that his conduct during such service and during the
last 12 months of service in a watchkeeping capcity was
satisfactory;
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
(2) Subject to regulation 8 and the rule made thereunder, the
conditions to be established by a person who applies for a Certificate
of Service (Deck Officer)(River Trade) Class 3 shall be-
(a) that while holiding a certificate of competency as Master
issued under the Shipping and Port Control Ordinance, he
has served as Master of a dynamically supported ship,
being a passenger ship, engaged on voyages within river
trade limits for a period of not less than 1 year duing the 3
years immediately preceding 1 September 1981; and
(b) that he produces such evidence as the Director may
require-
(i) that his conduct during such service was satisfac-
tory; and
(ii) that he has satisfactorily completed such training as
the Director may specify;
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate. 10. (1) Subject to regulation 8 and the rules made thereunder,
the conditions to be established by a person who applies for a
Certificate of Service as Marine Engineer Officer Class 3 of a
foreign-going ship shall be-
(a) that he has served as watchkeeping engineer officer of a
foreign-going ship for a period of not less than 3 years
falling in the period of 6 years immediately preceding 1
September 1981;
(b) that at least 12 months of the 3 years' service mentioned i
paragraph (a) was served as Third Engineer in foreign-
going ships registered in the United Kingdom or registered
by the Registrar of British Ships appointed to act in the
Colony under the Merchant Shipping Acts; and
(c) that he produces such evidence as the Director may
require-
(i) of service in accordance with paragraphs (a) and (b);
and
(ii) that his conduct during such service and during the
last 12 months of service in a watchkeeping capacity was
satisfactory:
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
(2) Subject to regulation 8 and the rules made thereunder, the
conditions to be established by a person who applies for a Certificate
of Service as Marine Engineer Officer Class 4 of a foreign-going ship
shall be-
(a) that he has served as watchkeeping engineer officer of a
foreign-going ship for a period of not less than 3 years
falling in the period of 6 years immediately preceding 1
September 1981;
(b) that at least 12 months of the 3 years' service mentioned in
paragraph (a) was served as Fourth Engineer in foreign-
going ships registered in the United Kingdom or registered
by the Registrar of British Ships appointed to act in the
Colony under the Merchant Shipping Acts; and
(c) that he produces such evidence as the Director may
require-
(i) of service in accordance with paragraphs (a) and (b);
and
(ii) that his conduct during such service and during the
last 12 months of service in a watchkeeping capacity was
satisfactory:
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
(3) Subject to regulation 8 and the rules made thereunder, the
conditions to be established by a person who applies for a Certifcate
of Service (Marine Engineer Officer)(River Trade) Class 3 shall be-
(a) that while holding a certificate of competency as engineer
issued under the Shipping and Port Control Ordinance, he
has served as engineer of a dynamically supported ship,
being a passenger ship, engaged on voyages within river
trade limits for a period of not less than 1 year during the 3
years immediately preceding 1 September 1981; and
(b) that he provides such evidence as the Director may
require-
(i) that his conduct during such service was satis-
factory; and
(ii) that he has satisfactorily completed such training as
the Director may specify:
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
PART VI
GENERAL PROVISIONS RELATING TO CERTIFICATES
11. (1) Certificates of compentency and certificates of service
shall be issued in duplicate, on payment of the appropriate fee (if
any). The original shall be delivered to the person entitled to the
certificate and the duplicate shall be retained by the Director.
(2) Any certificate may be issued by the Director in respect of
a limited period of time and such certificate shal be invalid on the
expiry of that period of time unless the holder has obtained an
extension of its validity.
(3) A record of all certificates of competency and certificates of
services issued under these regulations and of the suspension, cancel-
lation or alteration of, and any other matters affecting, certificates
shall be kept in such manner as the Director may require.
(4) Where the holder of a certificate of competency of a
particular class issued under these regulations is issued with a
certificate of a higher class, he shall surrender the certificate of the
lower class to the Director.
12. If a person proves to the satisfaction of the Director that he
has lost a certificate issued to him, the Director shall, upon payment
of a reasonable fee if the Director is not satisfied the loss was without
fault on the part of such person, issue a certified copy of the
certificate to which the person appears to be entitled.
PART VII
MANNING OF SHIPS BY OFFICERS
13. (1) Subject to regulation 14, a ship of the description
mentioned in column 1 of the following table shall be manned, when
it proceeds to sea, by at least the number of qualified deck officers of
the classes mentioned in column 2 and at least the number of
qualified marine engineer officers of the classes mentioned in column
3 of the table.
TABLE
Column 1 Column 2 Column 3
Description of ships Deck Officer Marine Engineer Officer
Ships not voyaging only Class Class Class Class Class Class Class Class
within river trade limits. 1 2 3 4 1 2 3 4
1. Any passengers ships. 1 1 1 1
2. Ships, other than passenger 1 1 1 1
ships, of 1 600 GRT or more.
3. Ships, other than passenger 1 1 1
ship, of under 1 600 GRT.
4. Any ships of 3 000 kilwatts 1 1 2
registered power of more.
5. Any ships of 350 kilowatts 1 1 2
or more but under 3 000 kilowatts
registered power.
Ship voyaging only within river
trade limits.
6. Any passenger ships 1 1 1
7. Any passenger ships
(a) of 3 000 kilowatts registered 1 1 2
power or more;
(b) of under 3 000 kilowatts 1 1 1
registered power.
(2) Deck Officers manning dynamically supported ships,
being passenger ships, shall, in addition to holding the appropriate
certificates of competency, satisfy such conditions as to training or
otherwise as the Director may specify.
(3) Dynamically support ships, being passenger ships, shall,
when operating between sunset and sunrise, be manned by such
additional deck officers as the Director may specify.
(4) In respect of ships 350 kilowatts or more but under
3 000 kilowatts registered power, not voyaging within river trade
limits, the Class 2 certicicate mentioned in the table in paragraph (1)
shall be valid only if the Director is satisfied that the officer is
competent to man such a ship as Chief Engineer and has endorsed
the certificate to that effect.
(5) Engineer Officers manning dynamically supported ships,
being passenger ships, shall, in addition to holding the appropriate
certificates of competency, satisfy such conditions as to training or
otherwise as the Director may specify.
14. There shall be no contravention of regulation 13 where, by
reason of illness, absence or other unforessable happening, a ship
proceeds to sea, other than on a voyage within river trade limits,
manned by 1 less than the required number of deck officer, or 1 less
than the required number of engineer officers or 1 less than the
required number of officers in both departments:
Provided that this section shall not apply unless-
(a) all reasonable steps are taken to man the ship as required
by these regulations; and
(b) the proper officer is notified of the facts before the ship
proceeds and such notification is entered in the ship's log;
and
(c) the Master is satisfied it is safe to proceed and enters a
certificate to that effect in the ship's log; and
(d) the ship does not continue to be so undermanned for a
period exceeding 28 days.
15. (1) The Director may make rules prescribing any addi-
tional requirements as to the number of officers and the qualifica-
tions of such officers when they are manning particular ships,
particular classes of ships or ships carrying particular cargoes or
particular classes of cargoes.
(2) The Director may publish the rules made under paragraph
(1) in such manner as he thinks fit and shall, on payment of the
appropriate fee, provide a copy of the rules to any person.
PART VIII
WATCHKEEPING REQUIREMENTS
16. (1) An officer shall not man a station in a ship unless he
holds a certificate a class appropriate to the station:
Provided that if-
(a) an officer dies or is incapacitated while the ship is at sea; or
(b) a ship proceeds to sea in the circumstances mentioned in
regulation 14,
and there is no other officer who holds a certificate of a class
appropriate to the station, the officer first mentioned may man that
station for a period not exceeding 28 days.
(2) The master of a ship shall not permit any officer to man a
station except as permitted by paragraph (1).
(3) The owner of a ship shall not permit any officer to man a
station except as permitted by paragraph (1).
PART IX
GENERAL
17. (1) Any person who, in connexion with an applicaion for
or the issue of a certificate competency or a certificate of service or
in connexion with the endorsement, or extension of the validity, of a
certificate of competency or certificate of service-
(a) makes a false pretence; or-
(b) supplies false information,
knowing it to be false or not believing it to be commits an
offence and is liable to a fine of $50,000 and to imprisonment for 2
years.
(2) Any person who-
(a) allows any other person to use a certificate of competency
or service to which that other person is not entitled; or
(b) falsely pretends to be entitled to a certificate of competency
or of service.
commits an offence and is liable to a fine of $50,000 or to imprison-
ment for 2 years.
(3) Where any person is convicted of an offence under para-
graph (1) or (2) or of a conspiracy to commit such an offence or of a
conspiracy to defraud in relatio to a certificate of competency or a
certifiate of service, the Director may cancel, or suspend for any
period, the certificate of competency or certificate of service held by
such person.
(4) The owner and master of any ship who authorizes or
permits the ship to proceed to sea in contravention of regulation 13,
as read with any rules made by the Director under regulation 15,
whether or not the ship so proceeds, commits an offence and is
liable-
(a) on conviction on indicment, to a fine of $100,000 and to
imprisonment for 2 years; or
(b) on summary convition, to a fine of $10,000 and to
imprisonment for 2 years.
(5) Any person who contravenes regulation 16 commits an
offence and is liable-
(a) on conviction on indictment, to a fine of $100,000 and to
imprisonment for 2 years; or
(b) on summary conviction, to a fine of $10,000 and to
imprisonment for 2 years. L.N. 268/81. L.N. 293/81. L.N. 369/81. Citation. Interpretation. (S. 1. 1980/2026.) (S. 1. 1980/2025.) L.N. 369/81. L.N. 369/81. Application. L.N. 369/81. (Cap. 313.) Qualified deck officer and classes of certificates. Certificates equivalent to a certificate of competency or service. (S.I. 1980 2026.) (S.I. 1980/2026.) (1984 c. 60) (S.I. 1980/2026.) Qualified engineer officers and classes of certificates. Certificates equivalent to certificates of competency or service. (S.I. 1980 2025.) (S.I. 1980 2025.) (S.I. 1980/2025) General standards and conditions for the issue of certificates. Conditions relating to certain Certificates of Service (Deck Officer). (Cap. 313.) Conditions relating to certain Certificates of Service (Marine Engineer Officer). (Cap. 313.) Form, validity, record and surrender of certificates. Loss of certificates. Manning of ship. L.N. 293/81. Proceeding to sea with less than the required number of deck officers. Additional requirements in respect of certain ships. Officers to act only in a capacity for which certificated. Offences and penalties.
REGULATIONS
(Cap. 281, sections 5 and 6A)
[1 September 1981]
PART I
PRELIMINARY
1. These regulations may be cited as the Merchant Shipping (Certification of Officers)
Regulations.
2. (1) In these regulations, unless the context otherwise requires -
'dynamically supported ship' means a ship that is operable on or above water and the weight
of which or, a significant part thereof, is balanced in one mode of operation by other than
hydrostatic forces;
'GRT' in relation to a ship, means its gross register tonnage and the gross tonnage of a
ship having alternative gross tonnages shall be taken to be the larger of those tonnages;
'foreign-going ship' means a ship engaged on a voyage not confined to river trade limits;
'Merchant Shipping (Certification of Deck Officers) Regulations 1980' means those
regulations made by the Secretary of State;
'Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1980' means those
regulations made by the Secretary of State;
'passenger ship' means a ship carrying more than 12 passengers;
'proper officer' means a consular officer appointed by Her Majesty's Government of the
United Kingdom and, in relation to a port in a country outside the United Kingdom which is
not a foreign country, the public officer exercising, in that port, supervision over the
engagement and discharge of seamen;
'registered power' means the brake or shaft power specified in the ship's certificate of
registry;
'ship' means, except in regulation 3, a ship to which these regulations apply.
(2)(a) In these regulations, references to a certificate of a numbered class are references
to a certificate of the class which bears the number as mentioned in Parts II and III. (b) In these regulations, in references to ' a class appropriate to
the station', the class appropriate to a particular station
shall be determined according to the following list -
Appropriate class Station
Deck Officer Department -
Class 1 Master
Class 2 First Mate
Class 3 Second Mate
Class 4 Third Mate
Marine Engineer Officer Department -
Class 1 Chief Engineer
Class 2 Second Engineer
Class 3 Third Engineer
Class 4 Fourth Engineer
Provided that -
(i) nothing in these regulations shall prohibit an officer
who holds a certificate of a particular class from manning a
station lower in the list in his department than that
appropriate to that class;
(ii) in the case of a ship mentioned in items 4 and 3 of
the table in regulation 13(1), an engineer officer holding a
Class 4 certificate may man a statio as Third Engineer;
(iii) in the case of a ship mentioned in item 5 of the table
in regulation 13(1), and engineer officer holding a Class 2
certificate may man a station as Chief Engineer and an
engineer officer holding a Class 3 certificate may man a
station as Second Engineer;
(iv) nothing in these regulations shall authorize an
officer to man a station in a ship in respect of which he is
not qualified by the terms of his certificate; and
(v) no class of certificate relating to river trade shall be
an appropriate class to man any station in a ship proceed-
ing on a voyage not confined to river trade limits.
3. (1) These regulations apply to -
(a) all ships that are registered by the Registrar of British ships
appointed to act in the Colony under the Merchant Ship-
ping Acts; except those vessels to which Part IV of the
Shipping and Port Control Ordinance applies; and
(b) all other ships, being passenger ships, carrying passengers
to or from the Colony from or to a place outside the
Colony.
(2) The Director may permit exemptions from all or any
provisions of these regulations in respect of any case or class of case.
PART II
CERTIFICATION OF DECK
OFFICERS
4. (1) For the purposes of these regulations, a deck officer
shall be qualified -
(a) if he holds a certificate of competency as a deck officer
issued under these regulations or a certificate which is to be
treated as equivalent to such a certificate under regulation
5; and
(b) such certificate is in force in relation to a class appropriate
to the station held by him in the ship.
(2) (a) A general certificate of competency issued by the
Director shall be of one of the following classes -
Certificate of Competency (Deck Officer) Class 1
(Master Mariner)
Certificate of Competency (Deck Officer) Class 2
Certificate of Competency (Deck Officer) Class 3
Certificate of Competency (Deck Officer) Class 4
(b) A certificate of competency of a class mentioned in the list
in this paragraph shal be of a higher class than a certificate
of a class mentioned after it in that list.
(3) (a) A river trade certificate of competency issued by the
Director shall be of one of the following classes-
Certificate of Competency (Deck Officer) (River
Trade) Class 1
Certificate of Competency (Deck Officer) (River
Trade) Class 2
Certificate of Competency (Deck Officer) (River
Trade) Class 3
(b) A river trade certificate of competency of a class mentioned
in the list in this paragraph shall be of a higher class than a
certificate of a class mentioned after it in that list.
(4) Any certificate issued to a deck officer may be issued
subject to any qualifications or limitations endorsed theron.
5. (1) Certificates of competency and of service issued under
or recognized by the Merchant Shipping (Certification of Deck
Officers) Regulations 1980, which have an equivalent under these
regulations, shall be equivalent to certificates of competency or
of service of the same class or description issued under these
regulations.
(2) Certificates of competency, other than those issued under these
regulations, which are specified by the Secretary of State under
regulation 5(1) of the Merchant Shipping (Certification of Deck Officers)
Regulations 1980 shall be evidence of the attainment of a standard of
competency required for the issue of a certificate under these
regulations of the same class or description.
(3) A certificate of competency as Master, First Mate and
Second Mate of a foreign-going ship obtained under section 6 of the
Ordinance before 1 September 1981 shall be equivalent, respectively,
to a Certificate of Competency (Deck Officer) Class 1 (Master
Mariner), a Certificate of Competency (Deck Officer) Class 2 and a
Certificate of Competency (Deck Officer)Class 3, issued under these
regulations.
(4) A certificate of service (Deck Officer) as Third Mate of a
foreign-going ship granted by the Director shall be equivalent to a
Certificate of Competency (Deck Officer) Class 4 issued under these
regulations.
(5) A certificate of service as master of a foreign-going ship
granted under section 99 of the principal Act shall be equivalent
to a certificate of competency issued under these regulations as
it is treated as equivalent to a certificate of competency issued
under the Merchant Shipping (Certification of Deck Officers)
Regulations 1980.
(6) A certificate of service (Deck Officer) (River Trade) Class 3
granted by the Director shall be equivalent to a Certificate of
Competency (Deck Officer)(Rive Trade) Class 3 issued under these
regulations.
PART III
CERTIFICATION OF ENGINEER OFFICERS
6. (1) For the purposes of these regulations, an engineer
officer shall be qualified -
(a) if he holds a certificate of competency as an engineer officer
issued under these regulations or a certificate which is
treated as equivalent to such a certificate under regulation
7; and
(b) such certificate is in force in relation to a class appropriate
to the station held by him in the ship.
(2) (a) A general certificate of competency issued by the
Director shall be of one of the following classes-
Certificate of Competency (Marine Engineer Officer)
Class 1
Certificate of Competency (Marine Engineer Officer)
Class 2
Certificate of Competency (Marine Engineer Officer)
Class 3
Certificate of Competency (Marine Engineer Officer)
Class 4.
(b) Certificates in Class 3 shall not be issued in respect of steam-
powered machinery.
(c) A certificate of competency of a class mentioned in the list
in this paragraph shall be of a higher class than a certificate
of a class mentioned after it in that list.
(3) (a) A river trade certificate of competency issued by the
Director shall be of one of the following classes -
Certificate of Competency (Marine Engineer Officer)
(River Trade) Class 1
Certificate of Competency (Marine Engineer Officer)
(River Trade) Class 2
Certificate of Competency (Marine Engineer Officer)
(River Trade) Class 3.
and shall not be issued in respect of steam-powered
machinery.
(b) A river trade certificate of competency of a class in the list
in this paragraph shall be of a higher class than a certificate
of a class mentioned after it in that list.
(4) Any certificate issued to a marine engineer officer may be
issued subject to any qualifications or limitations endorsed thereon.
7. (1) Certificates of competency and of service issued under
or recognized by the Merchant Shipping (Certification of Marine
Engineer Officers) Regulations 1980, which have an equivalent
under these regulations, shall be equivalent to certificates of com-
pantency or of service of the same class or description issued under
these regulations.
(2) Certificates of competency, other than those issued under
these regulations, which are specified by the Secretary of State under
regulation 6(3) of the Merchant Shipping (Certification of Marine
Engineer Officers) Regulations 1980 shall be evidence of the attain-
ment of a standard of competency required for the issue of a
certificate under these regulations of the same class or description.
(3) A certificate of competency as First Class Engineer and
Second Class Engineer obtained under section 6 of the Ordinance
before 1 September 1981 shall be equivalent, respectively, to a
Certificate of Competency (Marine Engineer Officer) Class 1 and a
Certificate of Competency (Marine Engineer Officer) Class 2 issued
under these regulations.
(4) Certificates of service as Marine Engineer Officer Class 3 or 4 of
a foreign-going ship granted by the Director shall be equivalent,
respectively, to Certificates of Competency as Marine Engineer Officer
Class 3 or Class 4.
(5) A certificate of service as First Class Engineer or Second
Class Engineer granted under section 99 of the principal Act shall be
equivalent to a certificate of competency issued under these regula-
tions as it is treated as equivalent to a certificate of competency
issued under the Merchant Shipping (Certificate of Marine Engi-
neer Officer) Regulations 1980.
(6) A certificate of service (Marine Engineer Officer) (River
Trade) Class 3 granted by the Director shall be equivalent to a
Certificate of Competency (Marine Engineer Officer)(River Trade)
Class 3 issued under these regulations.
PART IV
GENERAL STANDARDS AND CONDITIONS
8. (1) The Director may make rules prescribing-
(a) the standards of competency to be attained and the condi-
tions to be satisfied by a person or class of persons to
qualify for certificates of competency or a certificate of
competency of particular class under these regulations;
(b) the standards of competency to be attained and the condi-
tions to be satisfied by a person or class of persons seeking
endorsements to their certificates to qualify them in respect
of particular ships, particular classes of ships, or ships
carrying particular cargoes or particular classes of cargoes;
(c) the conditions to be established by a person seeking an
extension of the validity of his certificate; and
(d) the manner in which the attainment of any such standards
or the satisfaction of any such conditions is to be
established.
(2) The Director may publish the rules made under paragraph
(1) in such manner as he thinks fit and shall, on payment of the
appropriate fee, provide a copy of the rule to any person.
(3) Notwithstanding anything contained in these regulations
or the rules made under paragraph (1), the Director shall not issue
any certificate unless he is satisfied that the applicant is a fit person
to be a holder of the certificate and to act competently in the
capacity to which it relates.
PART V
SPECIAL CONDITIONS
9. (1) Subject to regulation 8 and rules made thereunder, the
conditons to be established by a person who applies for a Certificate
of Service (Deck Officer) as Third Mate of a foreign-going ship shall
be-
(a) that he has served as a watchkeeping deck officer of a
foreign-going ship for a period of not less than 3 years
falling in the period of 6 years immediately preceding 1
September 1981;
(b) that at least 12 months of the 3 years' service mentioned in
paragraph (a) was served as Third Mate in foreign-going
ship registered in the United Kingdom or registered by the
Registrar of British Ships appointed to act in the Colony
under the Merchant Shipping Acts; and
(c) that he produces such evidence as the Director may
require-
(i) of service in accordance with paragraphs (a) and
(b); and
(ii) that his conduct during such service and during the
last 12 months of service in a watchkeeping capcity was
satisfactory;
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
(2) Subject to regulation 8 and the rule made thereunder, the
conditions to be established by a person who applies for a Certificate
of Service (Deck Officer)(River Trade) Class 3 shall be-
(a) that while holiding a certificate of competency as Master
issued under the Shipping and Port Control Ordinance, he
has served as Master of a dynamically supported ship,
being a passenger ship, engaged on voyages within river
trade limits for a period of not less than 1 year duing the 3
years immediately preceding 1 September 1981; and
(b) that he produces such evidence as the Director may
require-
(i) that his conduct during such service was satisfac-
tory; and
(ii) that he has satisfactorily completed such training as
the Director may specify;
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate. 10. (1) Subject to regulation 8 and the rules made thereunder,
the conditions to be established by a person who applies for a
Certificate of Service as Marine Engineer Officer Class 3 of a
foreign-going ship shall be-
(a) that he has served as watchkeeping engineer officer of a
foreign-going ship for a period of not less than 3 years
falling in the period of 6 years immediately preceding 1
September 1981;
(b) that at least 12 months of the 3 years' service mentioned i
paragraph (a) was served as Third Engineer in foreign-
going ships registered in the United Kingdom or registered
by the Registrar of British Ships appointed to act in the
Colony under the Merchant Shipping Acts; and
(c) that he produces such evidence as the Director may
require-
(i) of service in accordance with paragraphs (a) and (b);
and
(ii) that his conduct during such service and during the
last 12 months of service in a watchkeeping capacity was
satisfactory:
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
(2) Subject to regulation 8 and the rules made thereunder, the
conditions to be established by a person who applies for a Certificate
of Service as Marine Engineer Officer Class 4 of a foreign-going ship
shall be-
(a) that he has served as watchkeeping engineer officer of a
foreign-going ship for a period of not less than 3 years
falling in the period of 6 years immediately preceding 1
September 1981;
(b) that at least 12 months of the 3 years' service mentioned in
paragraph (a) was served as Fourth Engineer in foreign-
going ships registered in the United Kingdom or registered
by the Registrar of British Ships appointed to act in the
Colony under the Merchant Shipping Acts; and
(c) that he produces such evidence as the Director may
require-
(i) of service in accordance with paragraphs (a) and (b);
and
(ii) that his conduct during such service and during the
last 12 months of service in a watchkeeping capacity was
satisfactory:
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
(3) Subject to regulation 8 and the rules made thereunder, the
conditions to be established by a person who applies for a Certifcate
of Service (Marine Engineer Officer)(River Trade) Class 3 shall be-
(a) that while holding a certificate of competency as engineer
issued under the Shipping and Port Control Ordinance, he
has served as engineer of a dynamically supported ship,
being a passenger ship, engaged on voyages within river
trade limits for a period of not less than 1 year during the 3
years immediately preceding 1 September 1981; and
(b) that he provides such evidence as the Director may
require-
(i) that his conduct during such service was satis-
factory; and
(ii) that he has satisfactorily completed such training as
the Director may specify:
Provided that the Director may, where he is satisfied that there
has been substantial compliance with the conditions, issue a
certificate.
PART VI
GENERAL PROVISIONS RELATING TO CERTIFICATES
11. (1) Certificates of compentency and certificates of service
shall be issued in duplicate, on payment of the appropriate fee (if
any). The original shall be delivered to the person entitled to the
certificate and the duplicate shall be retained by the Director.
(2) Any certificate may be issued by the Director in respect of
a limited period of time and such certificate shal be invalid on the
expiry of that period of time unless the holder has obtained an
extension of its validity.
(3) A record of all certificates of competency and certificates of
services issued under these regulations and of the suspension, cancel-
lation or alteration of, and any other matters affecting, certificates
shall be kept in such manner as the Director may require.
(4) Where the holder of a certificate of competency of a
particular class issued under these regulations is issued with a
certificate of a higher class, he shall surrender the certificate of the
lower class to the Director.
12. If a person proves to the satisfaction of the Director that he
has lost a certificate issued to him, the Director shall, upon payment
of a reasonable fee if the Director is not satisfied the loss was without
fault on the part of such person, issue a certified copy of the
certificate to which the person appears to be entitled.
PART VII
MANNING OF SHIPS BY OFFICERS
13. (1) Subject to regulation 14, a ship of the description
mentioned in column 1 of the following table shall be manned, when
it proceeds to sea, by at least the number of qualified deck officers of
the classes mentioned in column 2 and at least the number of
qualified marine engineer officers of the classes mentioned in column
3 of the table.
TABLE
Column 1 Column 2 Column 3
Description of ships Deck Officer Marine Engineer Officer
Ships not voyaging only Class Class Class Class Class Class Class Class
within river trade limits. 1 2 3 4 1 2 3 4
1. Any passengers ships. 1 1 1 1
2. Ships, other than passenger 1 1 1 1
ships, of 1 600 GRT or more.
3. Ships, other than passenger 1 1 1
ship, of under 1 600 GRT.
4. Any ships of 3 000 kilwatts 1 1 2
registered power of more.
5. Any ships of 350 kilowatts 1 1 2
or more but under 3 000 kilowatts
registered power.
Ship voyaging only within river
trade limits.
6. Any passenger ships 1 1 1
7. Any passenger ships
(a) of 3 000 kilowatts registered 1 1 2
power or more;
(b) of under 3 000 kilowatts 1 1 1
registered power.
(2) Deck Officers manning dynamically supported ships,
being passenger ships, shall, in addition to holding the appropriate
certificates of competency, satisfy such conditions as to training or
otherwise as the Director may specify.
(3) Dynamically support ships, being passenger ships, shall,
when operating between sunset and sunrise, be manned by such
additional deck officers as the Director may specify.
(4) In respect of ships 350 kilowatts or more but under
3 000 kilowatts registered power, not voyaging within river trade
limits, the Class 2 certicicate mentioned in the table in paragraph (1)
shall be valid only if the Director is satisfied that the officer is
competent to man such a ship as Chief Engineer and has endorsed
the certificate to that effect.
(5) Engineer Officers manning dynamically supported ships,
being passenger ships, shall, in addition to holding the appropriate
certificates of competency, satisfy such conditions as to training or
otherwise as the Director may specify.
14. There shall be no contravention of regulation 13 where, by
reason of illness, absence or other unforessable happening, a ship
proceeds to sea, other than on a voyage within river trade limits,
manned by 1 less than the required number of deck officer, or 1 less
than the required number of engineer officers or 1 less than the
required number of officers in both departments:
Provided that this section shall not apply unless-
(a) all reasonable steps are taken to man the ship as required
by these regulations; and
(b) the proper officer is notified of the facts before the ship
proceeds and such notification is entered in the ship's log;
and
(c) the Master is satisfied it is safe to proceed and enters a
certificate to that effect in the ship's log; and
(d) the ship does not continue to be so undermanned for a
period exceeding 28 days.
15. (1) The Director may make rules prescribing any addi-
tional requirements as to the number of officers and the qualifica-
tions of such officers when they are manning particular ships,
particular classes of ships or ships carrying particular cargoes or
particular classes of cargoes.
(2) The Director may publish the rules made under paragraph
(1) in such manner as he thinks fit and shall, on payment of the
appropriate fee, provide a copy of the rules to any person.
PART VIII
WATCHKEEPING REQUIREMENTS
16. (1) An officer shall not man a station in a ship unless he
holds a certificate a class appropriate to the station:
Provided that if-
(a) an officer dies or is incapacitated while the ship is at sea; or
(b) a ship proceeds to sea in the circumstances mentioned in
regulation 14,
and there is no other officer who holds a certificate of a class
appropriate to the station, the officer first mentioned may man that
station for a period not exceeding 28 days.
(2) The master of a ship shall not permit any officer to man a
station except as permitted by paragraph (1).
(3) The owner of a ship shall not permit any officer to man a
station except as permitted by paragraph (1).
PART IX
GENERAL
17. (1) Any person who, in connexion with an applicaion for
or the issue of a certificate competency or a certificate of service or
in connexion with the endorsement, or extension of the validity, of a
certificate of competency or certificate of service-
(a) makes a false pretence; or-
(b) supplies false information,
knowing it to be false or not believing it to be commits an
offence and is liable to a fine of $50,000 and to imprisonment for 2
years.
(2) Any person who-
(a) allows any other person to use a certificate of competency
or service to which that other person is not entitled; or
(b) falsely pretends to be entitled to a certificate of competency
or of service.
commits an offence and is liable to a fine of $50,000 or to imprison-
ment for 2 years.
(3) Where any person is convicted of an offence under para-
graph (1) or (2) or of a conspiracy to commit such an offence or of a
conspiracy to defraud in relatio to a certificate of competency or a
certifiate of service, the Director may cancel, or suspend for any
period, the certificate of competency or certificate of service held by
such person.
(4) The owner and master of any ship who authorizes or
permits the ship to proceed to sea in contravention of regulation 13,
as read with any rules made by the Director under regulation 15,
whether or not the ship so proceeds, commits an offence and is
liable-
(a) on conviction on indicment, to a fine of $100,000 and to
imprisonment for 2 years; or
(b) on summary convition, to a fine of $10,000 and to
imprisonment for 2 years.
(5) Any person who contravenes regulation 16 commits an
offence and is liable-
(a) on conviction on indictment, to a fine of $100,000 and to
imprisonment for 2 years; or
(b) on summary conviction, to a fine of $10,000 and to
imprisonment for 2 years. L.N. 268/81. L.N. 293/81. L.N. 369/81. Citation. Interpretation. (S. 1. 1980/2026.) (S. 1. 1980/2025.) L.N. 369/81. L.N. 369/81. Application. L.N. 369/81. (Cap. 313.) Qualified deck officer and classes of certificates. Certificates equivalent to a certificate of competency or service. (S.I. 1980 2026.) (S.I. 1980/2026.) (1984 c. 60) (S.I. 1980/2026.) Qualified engineer officers and classes of certificates. Certificates equivalent to certificates of competency or service. (S.I. 1980 2025.) (S.I. 1980 2025.) (S.I. 1980/2025) General standards and conditions for the issue of certificates. Conditions relating to certain Certificates of Service (Deck Officer). (Cap. 313.) Conditions relating to certain Certificates of Service (Marine Engineer Officer). (Cap. 313.) Form, validity, record and surrender of certificates. Loss of certificates. Manning of ship. L.N. 293/81. Proceeding to sea with less than the required number of deck officers. Additional requirements in respect of certain ships. Officers to act only in a capacity for which certificated. Offences and penalties.
Abstract
L.N. 268/81. L.N. 293/81. L.N. 369/81. Citation. Interpretation. (S. 1. 1980/2026.) (S. 1. 1980/2025.) L.N. 369/81. L.N. 369/81. Application. L.N. 369/81. (Cap. 313.) Qualified deck officer and classes of certificates. Certificates equivalent to a certificate of competency or service. (S.I. 1980 2026.) (S.I. 1980/2026.) (1984 c. 60) (S.I. 1980/2026.) Qualified engineer officers and classes of certificates. Certificates equivalent to certificates of competency or service. (S.I. 1980 2025.) (S.I. 1980 2025.) (S.I. 1980/2025) General standards and conditions for the issue of certificates. Conditions relating to certain Certificates of Service (Deck Officer). (Cap. 313.) Conditions relating to certain Certificates of Service (Marine Engineer Officer). (Cap. 313.) Form, validity, record and surrender of certificates. Loss of certificates. Manning of ship. L.N. 293/81. Proceeding to sea with less than the required number of deck officers. Additional requirements in respect of certain ships. Officers to act only in a capacity for which certificated. Offences and penalties.
Identifier
https://oelawhk.lib.hku.hk/items/show/3083
Edition
1964
Volume
v18
Subsequent Cap No.
281
Number of Pages
14
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MERCHANT SHIPPING (CERTIFICATION OF OFFICERS) REGULATIONS,” Historical Laws of Hong Kong Online, accessed October 30, 2024, https://oelawhk.lib.hku.hk/items/show/3083.
