MERCHANT SHIPPING (NAVIGATIONAL WATCH RATINGS) REGULATIONS

MERCHANT SHIPPING (NAVIGATIONAL WATCH RATINGS) REGULATIONS

MERCHANT SHIPPING (NAVIGATIONAL WATCH RATINGS)
REGULATIONS
(Cap.281, sections 5, 6A and 114)

[6 July 1984.]

1. These regulations may be cited as the Merchant Shipping
(Navigational Watch Ratings) Regulations.

2. In these regulations, unless the context otherwise requires

-Convention- means the International Convention on Standards of
Training. Certification and Watchkeeping for Seafarers, 1978;

-employer- means the person for the time being employing a master;

'fishing vessel' vessel- means--

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

(b) a Government research fishing vessel;

'GRT' in relation to a ship means its gross register tonnage and in
relation to a ship having alternative gross register tonnages means
the lower of-those tonnages;

-Navigational Watch Rating Certificate- means a certificate issued
under regulation 5(1);

,,pleasure craft' means a vessel primarily used for sport or re creation;

'qualified deck officer' means an officer who is qualified for the
purposes of regulation 4 of the Merchant Shipping (Certification of
Officers) Regulations;

'qualified navigational watch rating' means a rating who holds a valid
qualifying document;

'qualifying document' means either a Navigational Watch Rating
Certificate or, in the case of a rating who is a national of a country
which is a party to the Convention, a document issued to its
nationals by the appropriate authority of such country under
provisions equivalent to these regulations for the purposes of the
Convention;

'rating' means a member of the ship's crew other than the master or a
qualified deck officer;

'sea service' means service at sea on board a sea-going ship, (whether
or not a ship to which these regulations apply);

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





'Seamen's Recruiting Office' means the Seamen's Recruiting Office
established under section 4(1) of the Merchant Shipping
(Recruiting of Seamen) Ordinance;

'Service Record Book' means a service record book issued under the
Merchant Shipping (Recruiting of Seamen) (Service Record Books)
Regulations;

'Steering Certificate' means a certificate issued under er regulation
5(2) or a certificate in substantially similar terms issued to a
rating by the master of a ship in which the rating has taken
turns at the wheel in steering the ship.

3. (1) These regulations apply to all sea-going ships of 200 GRT or
more registered in Hong Kong:

Provided that these regulations shall not apply to

(a) fishing vessels; or

(b) pleasure craft not engaged in trade.

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

4. (1) It shall be the duty of every employer to ensure that any ship
for which he employs the master and to which these regulations apply
carries such qualified navigational watch ratings as are necessary to
enable the master to comply with the requirements of paragraph (2).

(2) The master of any ship to which these regulations apply shall
not permit a member of the ship's crew who is not a qualified deck
officer or a qualified navigational watch rating to form part of a
navigational watch or to perform duties for which he is not qualified as
part of that watch:

Provided that nothing in this regulation shall prohibit the
participation of additional members of the ship's crew in navigational
watchkeeping duties as part of their training under the supervision of a
qualified deck officer or qualified navigational watch rating.

5. (1) The Director, if satisfied as to the matters set out in the First
Schedule in respect of a rating shall, upon application by the rating and
payment of the prescribed fee, issue a Navigational Watch Rating
Certificate in the form set out in the Second Schedule:

Provided that if the rating cannot satisfy the Director that he has
had adequate experience or training in the use of the gyro compass or in
the changeover from automatic pilot to hand steering and vice versa, the
certificate shall be expressed to that effect. If the rating subsequently
satisfies the Director that he has obtained such experience or training a
substitute certificate expressed accordingly may be issued by the
Director, upon payment of the prescribed fee, and the original
destroyed.





(2) The master of a sea-going ship, whether or not a ship to which
these regulations apply, in which a rating has taken turns at the wheel
in steering the ship, may issue him with a Steering Certificate in the form
set out in the Third Schedule.

(3) If a person to whom a Navigational Watch Rating Certificate
has been issued proves to the satisfaction of the Director that the
certificate has been lost or destroyed, the Director shall, upon payment
of the prescribed fee (if any), issue a copy of the certificate, certified as
such, which shall have the same effect as the certificate originally
issued.

(4) The Director of Marine may, by notice in the Gazette, amend the
First Schedule in relation to the qualifications for the issue of a
Navigational Watch Rating Certificate.

6. (1) An employer who contravenes regulation 4(1) cominits an
offence and is liable to a fine of $50,000 and to imprisonment for 2 years
years.

(2) A master who contravenes regulation 4(2) commits an offence
and is liable to a fine of S 10,000 and to imprisonment for 2 years.

7. (1) Any person who in connexion with an application for or the
issue of a Navigational Watch Rating Certificate. a substitute certificate
under the proviso to regulation 5(1) or a copy, of a certificate under
regulation 5(3)-

(a) makes a false pretence; or

(b) supplies false information,

knowing it to be false or not believing it to be true, commits an offence
and is liable to a fine of 550,000 and to imprisonment for 2 years.

(2) Where any person is convicted of an offence under paragraph
(1) or of a conspiracy to commit such an offence or of a conspiracy to
defraud in relation to a document mentioned in paragraph (1), the
Director may cancel or suspend for any period any such document held
by such person.

8.. The fees prescribed in the Fourth Schedule shall be payable in
respect of the matters specified in relation thereto in that Schedule.

FIRST SCHEDULE [reg. 5(1).]

QUALIFICATIONS FOR ISSUE OF A NAVIGATIONAL WATCH RATING
CERTIFICATE

1. To qualify for a Navigational Watch h Rating Certificate a rating must-

(a) have attained the age of 17 years; and
(b) either be registered with the Seamen's Recruiting Office or have been
granted a dispensation from such requirement in writing by the Director of





Marine. The grant of such dispensation may be made subject to such
conditions as to the rating's existing qualifications as the Director may
think fit.

2. The qualifications for a Navigational Watch Rating Certificate shall be that
the rating either

(a)has completed 1 year's sea service in the deck department in a
navigational watchkeeping capacity within the 5 years preceding the
entry into force of these regulations; or

(b)has completed not less than 6 months' sea service in the deck department
and received adequate training approved by the Director to develop

(i) knowledge of basic principles of fire-fighting, first aid, personal
survival techniques, avoidance of health hazards and personal safety:

(ii) the ability to steer and comply with helm orders. and knowledge of
magnetic and gyro compasses sufficient for the performance of such
duties:

(iii) the ability to keep a proper lookout by sight and hearing and to
report the approximate bearing of a light or other object or of a sound
signal. in degrees and points;

(iv) familiarity with the changeover from automatic pilot to hand
steering and vice versa:

(v) knowledge of the internal communications and alarm systems of
vessels;

(vi) knowledge of pyrotechnic distress signals:

(vii) knowledge of the emergency duties of navigational watch ratings:

(viii) knowledge ledge of nautical terms and their meanings appropriate
to the duties of navigational watch ratings

In either event the rating must satisfy the Director that he has the ability to
understand and carry. out orders and to make himself understood in English in
matters relevant to the duties ol' a navigational watch rating

3.(11) If the rating successfully completes a course of training and
examinations to qualify him as a seaman at a school or college approved
by the Director. together with 2 months* sea service in the deck
department associated particularly with navigational watchkeeping duties.
the Director may remit the remaining 4 months ot' the 6 months' sea
service ice specified in paragraph 2(b).

(b)If' the rating has attended a course of training as in paragraph (ii) and has
failed to pass the examinations to qualify him as a seaman. but has
completed 4 months' sea service in the deck department associated
parlicularly with navigational watchkeeping duties. the Director may
remit the remaining 2 months of the 6 months' sea service specified in
paragraph 2(b).

If the rating is the holder of an Engine Room Watch Rating Certificate
issued tinder regulation 5 of the Merchant Shipping (Engine Room Watch
Ratings) Regulations

(i) where the rating has completed 3 months' sea service ice entirely
in the deck department. the Director may, remit the remaining 3
months of the 6 months' sea service specified in paragraph 2(b):

(ii) the 6 months' sea service specified in paragraph 2(b) may be






performed in a general purpose capacity being mixed service partly in
the deck department and partly, in the engine department; and

(iii) the rating will be required to receive training only in respect of
the matters specified in paragraph 2(b)(ii). (iii) Ov). (v). (vi), (vii) and
(viii).

4. An applicant for a Navigational Watch Rating Certificate must produce-

(a)a valid medical certificate issued under the Merchant Shipping (Medical
Examination) Regulations or other evidence to satisfy the Director as to
the state of the rating's health and eyesight: and

(b)a Steering Certificate or series of certificates showing thattrhe rating has
taken turns at the wheel in steering a ship (other than under instruction)
for not less than 10 hours in total.
1985 ed. cap.281 e5 1985 ed cap.281 e6 L.N. 184/84 L.N. 122/85. L.N. 310/85. L.N. 343/85. Citation. Interpretation. (Cap. 281, sub. leg.) (cap. 135.) (Cap. 135, sub. leg.) Application. Obligation on employer and master. Power to issue certificates. First Schedule. Second Schedule. Third Schedule. L.N. 310/85. First Schedule. Offences by employers and masters. False pretences and supply of false information. Fees. Fourth Schedule. L.N. 343/85. L.N. 122/85.

L.N. 184/84 L.N. 122/85. L.N. 310/85. L.N. 343/85. Citation. Interpretation. (Cap. 281, sub. leg.) (cap. 135.) (Cap. 135, sub. leg.) Application. Obligation on employer and master. Power to issue certificates. First Schedule. Second Schedule. Third Schedule. L.N. 310/85. First Schedule. Offences by employers and masters. False pretences and supply of false information. Fees. Fourth Schedule. L.N. 343/85. L.N. 122/85.

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