Contents of Section

Chapter:

369 PDFTitle:MERCHANT SHIPPING (SAFETY) ORDINANCEGazette Number:10 of 2009
Section:2Heading:InterpretationVersion Date:03/07/2009


(1) In this Ordinance, unless the context otherwise requires-
"cargo ship construction and survey regulations" (貨船構造及檢驗規例) means the regulations made, or deemed to be made, under section 96;
"collision regulations" (碰撞規例) means the Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap 369 sub. leg. N); (Replaced 56 of 1990 s. 2)
"Convention" (公約) means the International Convention for the Safety of Life at Sea signed in London on 1 November 1974;
"court of survey" (驗船法庭) means a court of survey appointed under section 74;
"dangerous goods" (危險品) means any of the goods or substances to which the Dangerous Goods Ordinance (Cap 295) applies;
"Director" (處長) means the Director of Marine;
"fire-fighting appliances regulations" (消防裝置規例) means the regulations made, or deemed to be made, under section 99;
"life-saving appliances regulations" (救生裝置規例) means the regulations made, or deemed to be made, under section 99;
"master" (船長) includes every person (except a pilot) having command or charge of any ship;
"Merchant Shipping Acts" (商船法令) means the Merchant Shipping Acts 1894 to 1979* and any United Kingdom enactment amending or replacing those Acts;
"navigational equipment regulations" (導航設備規例) means the regulations made, or deemed to be made, under section 98;
"owner" (船東) includes a charterer by demise;
"passenger" (乘客) means any person carried in a ship, except-

        (a) a person employed or engaged in any capacity on board the ship on the business of the ship;
        (b) a person on board the ship either in pursuance of the obligation laid upon the master to carry ship-wrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the owner could have prevented or forestalled; and
        (c) a child under 1 year of age;
"passenger ship" (客船) means a ship carrying more than 12 passengers;
"passenger ship construction regulations" (客船構造規例) means the regulations made, or deemed to be made, under section 94;
"radio regulations" (無線電規例) means the regulations made, or deemed to be made, under section 97;
"Secretary" (局長) means the Secretary for Transport and Housing; (Added 10 of 2009 s. 3)
"ship" (船、船舶) includes any vessel used in navigation other than a vessel propelled by oars or a junk;
"tons" () and "tonnage" (噸位) mean tons and tonnage as calculated according to British measurement of registered tonnage;
"waters of Hong Kong" (香港水域) means waters of Hong Kong within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 26 of 1998 s. 44)
(2) If any amendment or any Protocol to the Convention, or the Convention of 1966 referred to in Part IV, comes into force or if any Convention replaces either Convention references in this Ordinance to those Conventions shall, unless the context otherwise requires, be construed as references to the Conventions as amended or replaced.
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Note:
* Please also see following-
    (a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to Cap 415 and s. 1 of Schedule 2 to Cap 508;
    (b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap 281, s. 103 of Cap 415 and s. 142 of Cap 478.