MERCHANT SHIPPING (CERTIFICATION AND WATCHKEEPING) REGULATIONS

MERCHANT SHIPPING (CERTIFICATION AND WATCHKEEPING) REGULATIONS

MERCHANT SHIPPING (CERTIFICATION AND
WATCHKEEPING) REGULATIONS

(Cap. 281, sections 5, 6A and 114)

[6 July 1984.]

1. These requlations may be cited as the Merchant Shipping
(Certification and Watchkeeping) Regulations.

2. In these regulations. unless the context otherwise requires--

-authorized person' means a person authorized by the Director for the
purposes of these regulations;

---CertificationRegulations- means the Merchant Shipping (Certification
of Officers) Regulations;

of survey- means a court of survey appointed under section 74
of the Merchant Shipping (Safety) Ordinance;

'Director'* means the Director of Marine;

.,employer' means the person for the time being employing a master.,

---fishingvessel- means

(a)a vessel for the time being employed in sea fishing by way of
trade; or

(b) a Government research fishing vessel.

-hazardous cargo' means cargo that is or may become explosive,
flammable, toxic, a threat to health or liable to pollute the
environment;

-pleasure craft' means a vessel primarily used for sport or recreation;

'qualified officer' means an officer who is qualified in accordance with
the provisions of regulation 9;

'sea-going ship' means a ship other than one which navigates
exclusively in inland waters or in areas where port regulations
apply.

3. (1) These regulations apply to-

(a) all sea-going ships registered in Hong Kong; and

MERCHA
NT

L
R

(b)all sea-going ships registered outside Hong Kong when they
are in the waters of Hong Kong:

Provided that these regulations shall not apply to

(i) fishing vessels; or (ii) pleasure craft
not engaged in trade.





(2) The Director may exempt from all or any provisions of these
regulations any ship or class of ships.

4. The master of any ship to which these regulations apply

shall

(a)ensure that the watchkeeping arrangements for the ship are at
all times adequate for maintaining safe navigational and
engineering watches having regard to the matters set out in
the First and Second Schedules; and

(b)give directions to the deck watchkeeping officers responsible
for navigating the ship safely during their periods of

cl

duty; having regard to the matters set out in the First
Schedule.

5. The chief engineer officer of any ship p to which these
regulations apply shall

(a)ensure that the engineering watchkeeping arrangements for
the ship are at all times adequate for maintaining a safe watch,
having regard to the matters set out in the Second

c

Schedule; and

(b)when deciding the composition of the watch, take into
account the principles set out in the Second Schedule.

6. The master of any ship to which these regulations apply shall,
notwithstanding that it is safely moored or safely anchored under
normal circumstances in port. arrange for an appropriate and effective
watch to be maintained for the purposes of safety, having regard to the
specified principles and operational guidance set out in the First and
Second Schedules.

7. The master of any ship to which these regulations apply and
which is carrying hazardous cargo shall, notwithstanding that the ship
is safely moored or safely anchored under normal circumstances in port,
in addition to any watchkeeping arrangements required under
regulation 6, ensure

(a)if the hazardous cargo is in bulk, that there are readily
available on board a sufficient number of qualified officers and
other seamen to maintain a safe deck watch and safe
engineering watch; or

(b)if the hazardous cargo is not in bulk, that in organizing safe
watchkeeping arrangements he takes full account of the
nature, quantity. packing and stowage of the hazardous cargo
and of any special conditions on board. afloat and ashore.





8. It shall be the duty of every employer of a master on a ship to
which these regulations apply to ensure that the ship carries sufficient
qualified officers to enable the master and chief engineer officer to
perform their respective duties under these regulations.

9. (1) For the purposes of these regulations an officer shall be
qualified if he is either

(a)the holder of a certificate of competency or of service which is
in force in relation to him and is appropriate to the description
of ship concerned and to the capacity in which he is serving in
that ship; or

(b)qualified in accordance with the conditions of any exemption
for the time being in force granted under regulation 3(2) of the
Certification Regulations in relation to the ship or class of
ships in which he is serving.

(2) In this regulation. 'certificate of competency or of service
means

(a)a certificate of competency or of service as a deck officer or
marine engineer officer issued under the Certification
Regulations.

(b)a certificate of competency or of service which under the
Certification Regulations is equivalent to a certificate of
competency or of service issued under those regulations:

(c)if the ship in question is registered outside Hong Kong, a
certificate of competency or of service issued to its nationals
by the appropriate authority of the country in which the ship
is registered. or treated by that authority as equivalent to
such a certificate.

10. (1) An authorized person may ins inspect any ship to which
these regulations apply for the purpose of verifying whether

(a)all officers and other seamen serving on board who are
required by these regulations to do so hold a valid certificate;

(b)if the ship is the subject of an exemption under these
regulations or is one of a class of ships so exempted, that any
conditions of such exemption have been complied with.

(2) If any of the following has occurred in the waters of Hong
Kong

(a)a ship has been involved in a collision. grounding or
stranding;

(b)there has been a discharge of any substance from a ship
when underway, at anchor or at a berth, contrary to the laws
of Hong Kong; or





(e)a ship has been manoeuvred in an erratic or unsafe manner or has not
followed navigational course markers or traffic separation schemes.

and if by reason of such occurrence an authorized person has grounds for
believing that the standards of watchkeeping prescribed by these regulations are
not being maintained, the authorized person may inspect the ship in order to
assess the ability of the officers and other seamen serving on board to maintain
those standards.

11. If an authorized person finds on an inspection carried out under
regulation 10

(a)that any officer who is required under these regulations to hold a
certificate of competency or of service. does riot hold such a
certificate:

(b)that the conditions of any exemption granted under these regulations
to the ship or to the class of ships to which it belongs have not been
complied with:

(c)that the navigational or engineering watch arrangements on the ship
do not conform to the requirements specified for the ship by the
appropriate authority of the country in which which the ship is
registered:

(d)that there is an absence on a watch of any person qualified to
operate equipment essential to safe navigation: or

(e)that the master is unable to provide adequately rested persons for
the first watch at the commencement of a voyage and for subsequent
relieving watches.

he shall notify in writing the master of the ship and. in the case of a ship
registered outside Hong Kong the nearest maritime. consular or diplomatic
representative of the country in which the ship is registered

12. (1 If an authorized person finds on an inspection carried out under
regulation 10

(a)that the master or chief engineer officer. or any officer in charge of a
navigational or engineering watch. is riot qualified in accordance with
regulation 9: or

(b).that the navigational or engineering watch arrangements for the ship
do not conform to the requirements laid down for the ship by the
appropriate authority of the country in which the ship is registered.

and if these deficiencies are not corrected within a reasonable time after
notification thereof under regulation 11. then the authorized person may cause
the ship to be detained until those deficiencies have been corrected to an extent
sufficient to remove any danger to persons, property or the environment.





1984 Ed.] Merchant Shipping (Certification and[CAP. 281 C 5
Watchkeeping) Regulations
[Subsidiary]
(2) The authorized person shall not in exercise of his powers
under this regulation unreasonably delay or detain the ship.
(3) If on the application of the owner, agent or master of a
ship detained under this regulation a court of survey is satisfied that
the ship has been unreasonably detained or delayed. the Crown shall
be liable to pay to the owner of the ship---
(a) his costs of and incidental to the detention or delay of the
ship, and
(b) compensation for any loss or damage sustained by him by
reason of its detention or delay.
(4) If on application made on behalf of the Crown a court of
survey is satisfied that a ship detained under this regulation was
reasonably detained the owner. agent or master of the ship shall be
liable to pay to the Crown the costs of and incidental to the
detention of the ship.
(5) The provisions of the Merchant Shipping (Court of (,,p
Survey) Regulations shall apply with necessary modifications to
any proceedings before a court of survey under this regulation. la 1011.
13. (1) An employer who contravenes regulation 8 commits Offences and and
an offence and is liable to a fine of $50,000 and to imprisonment for penalties
years.
(2) A master of a ship who contravenes regulation 4. 6 or 7.
commits an offence and is liable to a fine of $10,000 and to
imprisonment for 2 years.
(3) A chief engineer officer who contravenes regulation 5
commits an offence and is liable to a fine of $10,000 and to
imprisonment for 2 years.
(4) Any person who obstructs an authorized person in the
performance of his functions under regulation 10 or 12 commits an
offence and is liable to a fine of $10,000 and to imprisonment for
2 years.
14. The Director of Marine may by notice in the Gazette
Amendment of

amend any Schedule. Schedules.
FIRST SCHEDULE [reg. 4.]

PRINCIPLES OF WATCHKEEPING ARRANGEMENTS FOR NAVIGATIONAL WATCH

In paragraphs 1 and 5 of this Schedule in their application to a ship without a
bridge. the word ---bridge---shall be construed as meaning the position from which
the navigation of the ship is controlled.

1. Watch arrangements.

(a)The composition of the watch shall at all times be adequate and
appropriate to the prevailing circumstances and conditions and shall take
into account the need for maintaining a proper look-out.





(b)When deciding the composition of the watch on the bridge. which may
include appropriate deck ratings, the following factors. inter alia, shall be
taken into account

(i) that at no time should the bridge be left unattended;

(ii) weather conditions. visibility and whether there is daylight or
darkness:

(iii)the proximity of navigational hazards which may make it necessary
for the officer in charge of the watch to carry out additional
navigational duties:

(iv)the method of use and the operational condition of navigational aids
such as radar or electronic position- indica ii ng devices and any
other equipment affecting the safe navigation of the ship;

(v) whether the ship is fitted with automatic steering;

(vi) any unusual demands on the navigational watch that may arise as a
result of special operational circumstances

2. Fitness for duty.

The watch system shall be such that the efficiency, of watchkeeping officers
and watchkeeping ratings is not impaired by fatigue. Duties shall be so organized
that the first watch at the commencement of a voyage and the subsequent
relieving. watches are sufficiently, rested and otherwise fit for duty.

3. Navigation.

(a)The intended voyage shall be planned in advance taking into
consideration all pertinent information and any course laid down shall be
checked before the voyage commences.

(b)During the watch the course steered. position and speed shall he checked
at sufficiently, frequent intervals. using any available navigational aids i(,
ensure that the ship follows the planned course.

The officer ot' the watch shall have full knowledge of the location and
operation of all safety and navigational equipment oil board the ship and
shall he aware and take account of the operating limitations of such
equipment.

(d)The officer in charge of' a navigationa watch shall not be assigned or
undertake any duties which would interfere with the safe navigation of
the ship.

.4. Navigational equipment.

(a)The officer of the watch shall make the most effective use of all
navigational equipment at bi,, disposal.

(b)When using radar, the officer of the watch shall bear in mind the
necessity to comply at all times with the pros isions relating to the use of
radar contained in the Merchant Shipping (Distress Signals lid prevention
of Collisions) Regulations 1983.

(c) In cases of need the officer of the watch shall not hesitate to use the
helm.

engines and sound signalling apparatus.

5. Navigational duties and responsibilities.







(a) The officer in charge of the watch shall-

(i)keep watch on the bridge and in no circumstances leave it until
properly relieved:

(ii) continue to be responsible for the safe navigation of the ship. despite
the presence of the master oil the bridge. until the master informs
him specifically that he has assumed that responsibility and it is clear
that this is mutually understood:

(iii)notify the master when in any. doubt as to what action to take in the
interest of safety:

(ix,)not hand over the watch to the relieving officer if he has reason to
believe that the latter is obviously not capable of carrying out his
duties

accordingly.

effectively. in which case he shall notify the master





(b)On taking over the watch the relieving officer shall satisfy himself as to
the ship's estimated or true position. confirm its intended track. course and
speed and note any dangers to navigation expected to be encountered
during his watch.

(c)A proper record shall be kept of all movements and activities on the ship
and elsewhere during the watch relating to the navigation of the ship.

6. Look-out.

.In addition to maintaining a proper look-out for the purpose of fully.
appraising the situation and the risk of collision stranding and other dangers to
navigation the duties of the look-out shall include the detection of ships or
aircraft in distress, shipwrecked persons. wrecks and debris. In maintaining a look-
out the following shall be observed

.(a)the look-out must be able to give full attention to the keeping of a proper
look-out and no other duties shall be undertaken or assigned which could
interfere with that task:

(b)the duties of the look-out and helmsman are separate and the helmsman
shall not be considered to be the look-out while steering. except in small
ships where an unobstructed all round sic% is provided at the steering
position and there is no impairment of night vision or other impediment
to the keeping of a proper look-out. The officer in charge of the match
may he the sole look-out in daylight provided that on each such occasion

(i)the situation has been carefully assessed and it has been established
without doubt that it is safe for him to he so:

(ii) full account has been taken of' all relevant factors including, bill not
limited to

state of weather
visibility

traffic density
proximity of danger to navigation
the attention necessary when navigating ill or near traffic separation
schemes;

(iii)assistance is immediately available to be summoned to the bridge XX
hell any change in the situation so requires.

7. Navigation with pilot embarked.

Notwithstanding the duties and obligations of a pilot. his presence on board
shall not relieve the master or officer in charge of the watch from their duties and
obligations relating to the safety of the ship. The master and the pilot shall
exchange information regarding navigational procedures. local conditions and the
ship's characteristics. The master and officer of the watch shall co-operate closely.
with the pilot and maintain an accurate cheek of the ship's position and
movement.

8. Protection of the marine environment.

The master and officer in charge of the watch shall be aware of the serious
effects of operational or accidental pollution of the marine environment and shall
take all possible precautions to prevent such pollution particularly within the
framework of relevant international and port regulations.

SECOND SCHEDULE [regs. 4 5.1

PRINCIPLES OF WATCHKEEPING ARRANGEMENTS FOR ENGINE ROOM WATCH







1 Watch arrangements.

(a) The chief engineer officer of every ship is bound. in consultation with
the master, to ensure that watchkeeping arrangements are adequate to
maintain a safe watch. When deciding the composition of the match.
which may include appropriate engine room ratings, the following.
criteria. inter alia. shall be taken into account





(i) type of ship;

(ii) type and condition of the ship's machinery:

(iii)special modes of operation dictated by conditions such as weather.
ice, contaminated water, shallow water, emergency conditions, or the
need for damage containment or pollution abatement;

(i v) qualifications and experience of the watch;

(v)requirements for the safety of life. ship, cargo and port. and for
protection of the environment:

(vi) need for observance of international, national and local regulations:

(vii) need for maintaining the normal operations of the ship.

(b)Under the direction of the chief engineer officer, the engineer officer in
charge of the watch shall be responsible for the inspection, operation and
testing, as required, of all machinery and equipment under his
responsibility. The engineer officer in charge of a watch is the chief
engineer officer's representative and his primary responsibility. at all
times, shall be the safe and efficient operation and upkeep of machinery
affecting the safety of the ship.

(c)The chief engineer officer shall, in consultation with the master,
determine in advance the ship's needs during the intended voyage, taking
into consideration the requirements for fuel. water lubricants. chemicals.
expendable and other spare parts. tools. supplies and any other
requirements.

2. Operation.

(a)The engineer officer in charge of the watch shall ensure that the
established watchkeeping arrangements are maintained. Under his general
direction engine room ratings. if forming part of the watch. shall be
required to assist in the safe and efficient operation of the propulsion
machinery, and the auxiliary equipment.

(b)At the commencement ot' the engineering watch. the current operational
p parameters and condition of all machinery shall be verified. Any
machinery not functioning properly. expected to malfunction or requiring
special service. shall be noted along with any action already taken. Plans
shall be made for any further action which may be required.

(c)The engineer officer in charge of the watch shall ensure that the main
propulsion plant and auxiliary. systems are kept under constant
surveillance. inspections are made of the machinery and steering gear
spaces at suitable intervals and appropriate action is taken to remedy any
malfunction discovered.

(d)When the machinery spaces are in the manned condition. the engineer
officer in charge of the watch shall at all times be capable of readily'
operating the propulsion equipment in response to needs for changes in
direction or speed. When the machinery spaces are in the periodic
unmanned condition. the designated duty engineer officer in charge of the
watch shall be immediately available and on call to attend the machinery
spaces.

(e)All bridge orders shall be promptly executed. Changes in direction or
speed of the main propulsion unit shall be recorded except in respect of a
ship or class of ship specified as being a ship or class of ship which need
not comply with such requirement because the size and characteristics of
the ship make such recording impracticable. The engineer officer in
charge of the watch shall ensure that the main propulsion unit controls.






when in the manual mode of operation. are continuously attended under
standby or manoeuvring conditions.

The engineer officer in charge of the watch shall not be assigned or
undertake any duties which would interfere with his supervisory duty in
respect of the main propulsion system and its ancillary equipment and he
shall ensure that the main propulsion system and auxiliary equipment are
kept under constant surveillance until he is properly relieved.

(g)Due attention shall be paid to the maintenance and support of all
machinery. including mechanical. electrical. hydraulic and pneumatic
systems. their control apparatus and associated safety equipment. all
accommodation service systems equipment and the recording of stores
and spare gear usage.





(h)The chief engineer officer shall ensure that the engineer officer in charge
of the watch is informed of all preventive maintenance, damage control.
or repair operations to be performed during the watch. The engineer
officer in charge of the watch shall be responsible for the isolation. by-
passing and adjustment of all machinery under his responsibility
that is to be worked on, and shall record all work carried out.

(i)Before going off duty. the engineer officer in charge of the watch shall
ensure that all events related to the main and auxiliary machinery are
suitably recorded.

(j)To avoid any danger to the safety of the ship and its crew, the engineer
officer in charge of the watch shall notify the bridge immediately in the
event of fire, impending actions in machinery spaces that may cause
reduction in ship's speed, imminent steering failure, stoppage of the ship's
propulsion system, any alteration in the generation of electric power. or
any similar threat to safety. This notification, where possible. shall be
accomplished before changes are made in order to afford the bridge the
maximum available time to take whatever action is possible to avoid a
potential marine casualty.

(k)When the engine room is put in a standby condition, the engineer officer
in charge of the watch shall ensure that all machinery and equipment
which may be used during manoeuvring is in a state of immediate
readiness and that an adequate reserve of power is available for steering
gear and other requirements.

3. Watch requirements.

(a)Every member of the watch shall be familiar with his assigned
.%ittchkeeping duties. In addition, every member shall in relation to that
ship

(i) know the use of appropriate internal communication systems:

(ii) know the escape routes from the machinery. spaces:

(iii)know the engine room alarm-systems and be able to distinguish
between the various alarms with special reference to the fire
extinguishing gas alarm:

(iv)know the position and use of the fire-fighting equipment in the
machinery spaces.

(b)The composition of an underway watch shall. at all times. be adequate to
ensure the safe operation of all machinery affecting the operation of the
ship, in either automated or manual mode, and be appropriate to the
prevailing circumstances and conditions. To achieve this. the following
inter alia shall be taken into account

(i)the need for adequate supervision. at all times. of machinery
affecting the safe operation of the ship;

(ii) the condition and reliability of any remotely operated propulsion
and steering equipment and their controls. the location of such
controls and the procedures involved in placing them in a manual
mode of operation in the event of breakdown or emergency;

(iii) the location and method of operation of fixed fire detection, fire
extinction or fire con tainment devices and apparatus;

(iv)the method of use and the operational condition of auxiliary,
standby and emergency equipment affecting the safe navigation,
mooring or docking operations of the ship;







(v)steps and procedures necessary to maintain the condition of
machinery installations in order to ensure their efficient operation
during all modes of ship operation;

(vi)any other demands on the watch which may arise as a result of
special operating circumstances.

(c.)At an unsheltered anchorage the chief engineer officer shall consult with
the master whether or not to maintain an underway watch.

4. Fitness for duty.

The watch system shall be such that the efficiency of the watch is not
impaired by fatigue. Duties shall be so organized by the chief engineer officer that
the first watch at the commencement of a voyage and the subsequent relieving
watches are sufficiently rested and otherwise fit for duty.





CAP. 2811Merchant Shipping (Certification and [1984 Ed.
Watchkeeping) Regulations

5. Protection of the marine environment.

All engineer officers and engine room ratings shall be aware of the serious-
effects of operational or accidental pollution of the marine environment and shall
take all possible precautions to prevent such pollution. particularly, within the
framework of relevant international and port regulations.
L.N. 182/84. Citation. Interpretation. (Cap. 281. Sub. leg.) (cap. 369.) Application. Duty of master. First Schedule. Second Schedule. First Schedule. Duty of chief engineer officer. Second Schedule. Watchkeeping arrangements in port. Schedule. Watchkeeping arrangements in port for ships carrying hazardous cargo. Manning of certificates. Qualifications of officers. Inspection. Procedure to be adopted when inspection reveals deficiencies. Power to detain. (Cap. 281, sub. leg.) Offences and penalties. Amendment of Schedules.

L.N. 182/84. Citation. Interpretation. (Cap. 281. Sub. leg.) (cap. 369.) Application. Duty of master. First Schedule. Second Schedule. First Schedule. Duty of chief engineer officer. Second Schedule. Watchkeeping arrangements in port. Schedule. Watchkeeping arrangements in port for ships carrying hazardous cargo. Manning of certificates. Qualifications of officers. Inspection. Procedure to be adopted when inspection reveals deficiencies. Power to detain. (Cap. 281, sub. leg.) Offences and penalties. Amendment of Schedules.

https://oelawhk.lib.hku.hk/items/show/3085

1964

v18

281

10