MERCHANT SHIPPING (INSTRUCTIONS TO SURVEYORS) (PASSENGER SHIPS) REGULATIONS
Gazette Number:
Heading:
Version Date:
30/06/1997
Caution : This is a past version. See the current version for the latest position.
PRELIMINARY
I. Object of instructions and responsibility of surveyors
The object of these instructions is to secure uniformity of action by Government surveyors of ships in the performance of their duties in regard to the survey of passenger ships under the provisions of the Merchant Shipping Ordinance (Cap 281) and also to indicate to shipowners, shipbuilders and others concerned the conditions under which the Governor is prepared to issue safety certificates or passenger certificates.
Government surveyors are in no case to give a declaration either for the hull, boilers, machinery or equipment or any other matter unless they are fully satisfied that all the requirements of the Merchant Shipping Ordinance (Cap 281) and of the Merchant Shipping Acts 1894 to 1958+, relating to these matters have been complied with.
It is the duty of the Government surveyors of ships to satisfy themselves personally regarding every detail of the survey of a passenger ship and not, without the authority of the Principal Surveyor of Ships, to trust to any certificate or other document given by any person not responsible to the Governor. This instruction does not apply to certificates of compass adjustment.
II. Definitions
(1) So far as the same are not inconsistent with the provisions of these instructions the definitions contained in regulation 2 of the Merchant Shipping (Life Saving Appliances) Regulations 1935, notwithstanding their revocation by the Merchant Shipping (Life Saving Appliances Regulations (Cap 369 sub. leg.), shall apply in the interpretation of these instructions.
(2) In these instructions-
"Principal Surveyor of Ships" (首席驗船師) means the Assistant Director of Marine (Ship Surveys);
"Declaration of Survey" (檢驗聲明書) means a declaration made under Part VI of the Merchant Shipping Ordinance (Cap 281);
"Safety convention ship" (安全公約船舶) means a ship belonging to a country to which the Safety Convention applies and the expression "Safety Convention passenger steamer" (安全公約客輪) shall be construed accordingly;
"Special passenger trade" (特別客運業) or "Simla Special Trade" (西姆拉特別業務) means any passenger trade in which passenger steamers are employed in the carriage of large numbers of unberthed passengers, and "special passenger trade voyage" (特別客運業航程) shall be construed accordingly.
III. Application for survey
Every passenger steamer must be surveyed at least once every year. The survey will be arranged on the application of the owners whose duty it is to cause such survey to be made. Application for survey should be made on the form Surveys 6 which can be obtained at the Principal Surveyor of Ship's Office.
IV. Notice of survey
In order that the survey may be taken in hand without delay, at least three days' notice should be given to the Principal Surveyor of Ships.
V. Fees to be paid before survey is commenced
Except by the express direction of the Principal Surveyor of Ships, no survey shall be commenced until the appropriate fee is paid.
VI. Presence of owner & c. at survey
Government surveyors of ships should, if possible, make their inspections when the owner, agent, master or chief mate and chief engineer of the vessel are present. Defects can then be pointed out to the proper persons without incurring the uncertainty and delay attendant upon messages delivered to subordinate officers.
If the owners do not instruct a responsible representative to be present, the Government surveyor of ships will proceed with the survey in his absence.
VII. Written statement of repairs
In order to prevent mistakes as to the nature and extent of repairs required by the Government surveyors whenever they cannot give a declaration until repairs are effected or alterations made, they will, on request, give to the owner or agent a written statement of the nature and extent of the defects to be remedied or alterations required.
If any difference of opinion should arise or any questions be raised between the Government surveyor of ships and the owner, or other persons interested in the survey, the case should be reported to the Principal Surveyor of Ships.
VIII. Alterations made subsequent to survey
After the completion of the survey no change is to be made in the approved structural arrangements, watertight subdivision arrangements, passenger accommodation, equipments or machinery without the sanction of the Principal Surveyor of Ships.
Surveyors should therefore make it generally known to owners and their technical representatives that where it is proposed to make any alterations or additions affecting the ship or its machinery or equipments, or the passengers'or crew's accommodation, prior information should be given to the Principal Surveyor of Ships so that appropriate action can be taken before such alterations or additions are made.
In all cases the Principal Surveyor of Ships will decide whether or not it will be necessary to issue fresh declarations or certificates.
IX. Accidents and damage
When from any cause a passenger steamship has sustained damage affecting her seaworthiness or efficiency in any part of her hull, equipments or machinery a Government surveyor of ships is to go on board and ascertain the extent of the damage.
The surveyor should at once report to the Principal Surveyor of Ships the result of his examination, and whether in his opinion the vessel is rendered inefficient or unseaworthy in hull, machinery or equipment, and whether or not he has detained the ship.
On completion of any repairs a full report is to be filed in the office of the Principal Surveyor of Ships.
X. Survey for issue of a certifying letter
For the convenience of ship-builders and shipowners, the Government allows the surveyors to undertake the survey, or partial survey, during construction, of ships which will not qualify for a passenger certificate owing to the absence of passenger accommodation, or to non-compliance with the regulations having reference to hull, life-saving appliances, or other part of the equipment, machinery or boilers, and after such a survey, or partial survey (which may include the steam trial), the Government will, if desired, issue a letter certifying that the hull, machinery, boilers, or other parts specified, have been constructed to the satisfaction of the surveyor, and that, had the regulations been fully complied with in all other respects, the ship would have been entitled to a passenger certificate under the provisions of the Merchant Shipping Ordinance (Cap 281).
In the survey for a certifying letter the procedure should be identical with that followed in the survey for passenger certificate.
A letter similar in character to the above will be issued by the Government in respect of new engines, boilers, or auxiliary machinery which have been constructed under survey in the usual way, but do not comply with the highest legal requirements, and are therefore not entitled to a certificate.
When for any reason, a ship is not to be surveyed during construction for a passenger certificate or certifying letter the Principal Surveyor of Ships will undertake to examine and advise upon any plans showing the hull scantlings, watertight subdivision and other arrangements and details proposed for the ship, and, where the final proposals comply with the legal requirements for passenger ships, to issue a certifying letter to that effect.
___________________________________________________________________ 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.