MERCHANT SHIPPING (TRAWLER SURVEY) REGULATIONS

MERCHANT SHIPPING (TRAWLER SURVEY) REGULATIONS

MERCHANT SHIPPING (TRAWLER SURVEY) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................... Page

1. Citation ................................. ... ... ... ... ... ... V2
2. Interpretation ........................... ... ... ... ... ... ... ... V2

3. Survey of trawlers ....................... ... ... ... ... ... ... V 2

4. Trawler not to operate without certificate of survey ... ... ... ... V 2

5. Application for survey ................... ... ... ... ... ... ... V 2

6. Conduct of survey and declaration of survey ... ... ... ... ... V 2

7. Issue of certificate of survey ........... ... ... ... ... ... ... ... V 3
8. Display of certificate of survey ......... ... ... ... ... ... ... ... V 3
9. Duration of certificate of survey ........ ... ... ... ... ... ... ... V 3
10. Extension of certificate of survey ....... ... ... ... ... ... ... ... V 3

11. Issue of duplicate certificate of survey ... ... ... ... ... ... ... V 3
12. Cancellation of certificate of survey .... ... ... ... ... ... ... V 3
13. Surrender of cancelled certificates of survey ... ... ... ... ... ... V 4

14...........................Approval of suitability in case of new vessels ... ... ... ... ... V 4

is.......Appeal ............................. ... ... ... ... ... ... ... ... V 4
16.......Penalty ......................... ... ... ... ... ... ... ... ... V 4

First Schedule. Instructions to surveyors ....... ... ... ... ... ... ... V 4

Second Schedule...Forms.......................... ... ... ... ... ... ... ... V 5





MERCHANT SHIPPING (TRAWLER SURVEY)
REGULATIONS

(Cap. 281, section 94)

[12th February, 1973]

1. These regulations may be cited as the Merchant Shipping
(Trawler Survey) Regulations.

2. In these regulations, unless the context otherwise requires

'certificate of survey' means a certificate of survey issued under
regulation 7;

'declaration of survey' means a declaration of survey under regulation
6;

'Government surveyor' means a Government surveyor appointed under
section 26 of the Ordinance;

'prescribed fee' means the fee prescribed in the Merchant Shipping
(Fees) Regulations.

3. (1) Every trawler shall be surveyed once at least in each year in
the manner provided in these regulations.

(2) A survey of a trawler shall include a survey of its hull,
machinery and equipment for the purpose of certifying that it is fit for
the service intended.

4. (1) No trawler shall operate unless the master has in his
possession a valid certificate of survey relating to the trawler.

(2) A trawler may be detained by the Director until a valid certificate
of survey is produced to him.

5. (1) The owner, agent or master of a trawler shall cause the trawler
to be surveyed under regulation 3.

(2) An application for a survey under regulation 3 or 12(3) shall be
made to the Director, accompanied by the prescribed fee for the survey
and issue-of a certificate of survey.

6. (1) A survey of a trawler shall be carried out by a Government
surveyor.

(2) In carrying out a survey, a Government surveyor shall comply
with the Instructions to Surveyors contained in the First Schedule.

(3) If, on completion of a survey, a Government surveyor is
satisfied as to the sufficiency and good condition of the hull, machinery
and equipment of a trawler he shall make a declaration of survey in Form
1 in the Second Schedule and forward it to the Director.





7. The Director shall, on receipt of a declaration of survey, issue to
the owner, agent or master applying for the same a certificate of survey
in Form 2 in the Second Schedule.

8. The owner, agent or master of a trawler shall cause the certificate
of survey in respect of the trawler to be exhibited in some conspicuous
part of the trawler while the certificate remains in force and the trawler is
in use.

9. A certificate of survey shall, subject to regulation 10, be issued
for a period not exceeding twelve months.

10. (1) The Director may, on receipt of the prescribed fee, extend
the validity of a certificate of survey for a period not exceeding two
months from the date of expiry.

(2) An application for an extension of a certificate of survey shall
be made before the expiry of the certificate of survey.,

11. (1) If the Director is satisfied that a certificate of survey has
been lost, destroyed or defaced he may, on receipt of the prescribed fee,
issue a duplicate certificate of survey.

(2) A duplicate certificate of survey issued under paragraph (1)
shall be endorsed in a conspicuous place with the word 'Duplicate'.

12. (1) The Director may cancel a certificate of survey if he has
reason to believe that

(a) the declaration of survey has been fraudulently or erroneously
made;

(b)the certificate of survey has been issued upon false or
erroneous information;

(c)since the making of the declaration of survey, the hull,
machinery or equipment of the trawler has sustained injury or
has become otherwise insufficient; or

(d)the certificated trawling master is not properly maintaining the
hull, machinery and equipment of the trawler.

(2) As soon as possible after the cancellation of a certificate of
survey, the Director shall, by notice in writing served either personally
or by registered post, inform the owner, agent or master of the trawler of
the cancellation and of the reasons therefor.

(3) If a certificate of survey is cancelled on any ground specified in
paragraph (1)(a), (b) or (c), the Director may require the owner, agent or
master to apply to have the hull, machinery or equipment of the trawler'
surveyed again and may, on receipt of a declaration of survey, re-issue
the certificate of survey or issue a new certificate of survey.





13. A certificate of survey which is cancelled under regulation 12
shall be delivered on demand to the Director by the owner, agent or
master.

14. (1) Without prejudice to regulation 3, the Director may give
approval of suitability as a trawler in respect of a vessel the keel of which
is laid on or after the coming into operation of these regulations if the
vessel is constructed in accordance with plans approved by the Director.

(2) For the purposes of paragraph (1), plans in respect of the matters
prescribed in paragraph 3 of the First Schedule shall be submitted to the
Director for examination and approval before construction of a vessel is
commenced.

(3) The prescribed fee shall be paid for examination of such plans.

15. (1) A person aggrieved by a decision of the Director under
regulation 10 or 12 may, within fourteen days after being informed of the
decision, by notice in writing delivered to the Registrar of the Supreme
Court appeal to such judge, district judge, or magistrate as the Chief
Justice may nominate, and upon appeal such decision may be confirmed,
varied or set aside.

(2) A person aggrieved by a decision of a Government surveyor under
regulation 6 may, within fourteen days after being informed of the
decision, by notice in writing lodged with the Director, object to that
decision and the Director may confirm, vary or set aside. the decision of
the Government surveyor.

16. Any owner, agent or master of a trawler who contravenes
regulation 3, 4, 8 or 13 shall be guilty of an offence and shall on
conviction be liable to a fine of one thousand dollars and imprisonment
for six months.

FIRST SCHEDULE [reg. 6(2).]

INSTRUCTIONS TO SURVEYORS

SURVEY OF TRAWLERS

1 Examination of a trawler shall, if possible, be carried out in the
presence of the owner, agent or master of the trawler.

2. A trawler shall be examined to ascertain whether it is fit for the service
intended and in particular to ensure

(a)that the hull, superstructure and underwater fittings are in good
condition and watertight. For the purpose of examining the hull, a
trawler shall be dry docked or hauled out on a slipway;

(b)that the watertight bulkheads and internal spaces are in good condition.
If a Government surveyor considers it necessary, he may examine any
internal space or require an hydraulic pressure test on any tank or
watertight space;

(c)that the protection of openings, guard rails and freeing ports is effective;





(d)that the fuel oil tanks and piping installation are safe from undue risk of
fire or explosion;

(e)that the machinery installation is safe from undue risk of fire or
explosion and is in satisfactory working condition for proceeding ahead
and astern;

(f)that the bilge pumping and draining systems are sufficient and in good
working condition;

(g) that the steering gear is in good working condition;

(h)that the boilers and pressure vessels are safe. An external examination
shall be carried out at least once in every 12 months and an internal
examination at least once in every 24 months. A Government surveyor
may require a hydraulic pressure test if the inside is inaccessible or for
any other reason;

(i)that it complies with the Merchant Shipping (Fire Appliances)
Regulations;

(j)that it complies with the Merchant Shipping (Life Saving Appliances)
Regulations;

(k)that its light and sound signals comply with the International Collision
Regulations.

3. In the case of a survey of a new trawler, a Government surveyor shall.
subject to paragraph 2, make a declaration of survey if the trawler has been
constructed in accordance with plans approved by the Director under regulation
14. Such plans shall be in respect of

(a)the general arrangement, including arrangement of watertight bulkheads;

(b) the construction, showing proposed scantlings;

(c)propeller shafting and sterntube, showing materials, scantlings and design
details;

(d) fuel oil tanks and piping arrangement;

(e) bilge pumping And draining arrangements;

(f) fire fighting arrangements;

(g) any other detail as may be required by the Director.

4. If survey of a trawler is carried out by more than one Government
surveyor, each such surveyor shall make a declaration of survey in respect of any
item in the declaration of survey which concerns him and cancel the rest of the
items. All such declarations of survey shall be considered together for the issue of a
certificate of survey.

SECOND SCHEDULE [reg. 6(3).]

FORM 1

MERCHANT SHIPPING (TRAWLER SURVEY)
REGULATIONS

DECLARATION OF SURVEY

Name Address
Port of Registry
Name of Ship Official Number i Gross Tonnage of Owner, Agent






or Master





1 hereby declare:

1 .........................That on I completed the
inspection of the above-named ship.
2. That the hull, closing appliances, freeing ports, guard rails, machinery

installation, fuel oil installation, pressure vessels, bilge pumping and
draining, and steering gear are in all respects satisfactory for the
purpose intended, and will in my judgment be sufficient until

............

3.That the lifeboats, liferafts, their launching appliances and other lifesaving
appliances provide for a maximum total number of ...............

............

4.That the life-saving appliances, navigation lights and shapes, means of
making light and sound signals are such and in such condition as are required
by the Merchant Shipping (Life Saving Appliances) Regulations and the
International Collision Regulations and will in my judgment be sufficient
until ................................................

5.That the fire-extinguishing appliances are such and in such condition as are
required by the Merchant Shipping (Fire Appliances) Regulations and will in
my judgment be sufficient until .................................

Dated at Hong Kong, this ........day of 19

Government Surveyor.

FORM 2 [reg. 7.]


MERCHANT SHIPPING (TRAWLER SURVEY) REGULATIONS

CERTIFICATE OF SURVEY

Name of Ship Port of Registry Official Number Gross Tonnage

This is to certify:


1 That the above-mentioned ship has been duly surveyed in accordance

with the provisions of the Merchant Shipping (Trawler Survey)

Regulations.






2. That the hull, closing appliances, freeing ports, guard rails, machinery



installation, fuel oil installation, pressure vessels, bilge pumping and



draining, and steering gear are in all respects satisfactory for the



purpose intended.


3. That the lifeboats, liferafts, their launching appliances and other

life-saving appliances provide for a maximum total number of



...............................

.....................

4.That the life-saving appliances, fire fighting appliances, navigation

lights and shapes, means of making light and sound signals are such


and in such condition as are required by the Merchant Shipping

Ordinance.


5. That in all other respects the ship complies with the requirements

of the Merchant Shipping Ordinance as far as its provisions apply

thereto.



This certificate is issued by the Director of Marine, Hong Kong. It will


remain in force, unless previously cancelled until .......................................



Issued at Hong Kong, the ........day of ........................ 19



.................

Director of Marine.


L.N. 255/72. L.N. 19/73. Citation. Interpretation. (Cap. 281, sub. leg.) Survey of trawlers. Trawler not to operate without certificate of survey. Application for survey. Conduct of survey and declaration of survey. First Schedule. Second Schedule. Issue of certificate of survey. Second Schedule. Display of certificate of survey. Duration of certificate of survey. Duration of certificate of survey. Issue of duplicate certificate of survey. Cancellation of certificate of survey. Surrender of cancelled certificates of survey. Approval of suitability in case of new vessels. First Schedule. Appeal. Penalty. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.)

L.N. 255/72. L.N. 19/73. Citation. Interpretation. (Cap. 281, sub. leg.) Survey of trawlers. Trawler not to operate without certificate of survey. Application for survey. Conduct of survey and declaration of survey. First Schedule. Second Schedule. Issue of certificate of survey. Second Schedule. Display of certificate of survey. Duration of certificate of survey. Duration of certificate of survey. Issue of duplicate certificate of survey. Cancellation of certificate of survey. Surrender of cancelled certificates of survey. Approval of suitability in case of new vessels. First Schedule. Appeal. Penalty. (Cap. 281, sub. leg.) (Cap. 281, sub. leg.)

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