1961-HKRS30-8-51_Part01 — Page 20

Citation and COMITIQUCE-

Tent.

Interpre tation, application

and construe

tion.

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MERCHANT SHIPPING ORDINANCE, 1953.

(No. 14 of 1953),

TABLE 10.

Merchant Shipping (Life SAVING APPLIANCES) REGULATIONS, 1961.

In exercise of the powers conferred by section 37 of the Merchant Shipping Ordinance, 1953, the Governor in Council has made the follow- ing regulations-

These regulations may be cited as the Merchant Shipping (Life Saving Appliances) Regulations, 1961, and referred to as Table 10, and shall come into operation on a day to be appointed by the Governor by Proclamation in the Gazette.

2. (1) For the purposes of these regulations, unless the context otherwise requires-

"approved" in relation to life saving appliances of any kind referred

to in these regulations means approved by the Director; “pilgrim trade” means the conveyance to or from any port in the Red Sea of Mohammedan pilgrims going to or returning from the Hedjaz

"River Trade Limits" means—

(a) the waters in the vicinity of the Colony within the following

boundaries...

() to the Eası, meridian 114° 30′ Bast; (i) to the South, parallel 22° 9° North;

(iii) to the West, meridian 113° 31′ East; and

(6) all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by water from the area defined in paragraph (4); "Rules" means the Merchant Shipping (Life Saving Appliances) Rules, 1958, made by the Minister of Transport and Civil Aviation, in the United Kingdom, in exercise of powers conferred by section 427 of the Merchant Shipping Act, 1894, as substituted by section 2 of the Merchant Shipping (Safety Convention) Act, 1949, and all other powers enabling him in that behalf, and any such rules amending the same:

“Simla Rule ship" means a passenger steamer which is engaged or about. to be engaged on any international voyage involving the carriage: at any one time of more than fifty unberthed passengers- (a) in the pilgrim trade to or from any country which for the time being accedes to the Simla Rules, 1931, made pursuant to the

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provisions of the International Convention for the Safety of Life at Sea, 1929, from or to any port in the Red Sea; or

(6) in any trade other than the pilgrim trade, to or from any such

country,

provided that the keel of such ship was laid after the 1st day of January, 1933, or that such ship was certified to carry more than fifty unberthed passengers at any one time in any trade referred to in this definition during a period of two years prior to that date; and the expression "existing Simla Rule ship" means a ship the keel of which was laid within such period and which was, within such period, certified to carry such passengers,

"specified area" means any area specified in the Third Schedule; "specified sheltered waters" means the waters contained in any area

Specified in the Fifth Schedule.

(2) Otherwise than as provided in paragraph (1), words and expressions used in these regulations and in the Rules or the Ordinance shall have the same meaning as is assigned thereto in the Rules or the Ordinance as the case may be.

(3) Subject to the specific provisions of these regulations and to such consequential modifications as may be required to give effect to such specific provisions, the Rules shall apply in the case of ships to which these regulations apply in the manner hereinafter specified and such Rules shall be construed as one with these regulations:

Provided that in case of existing Simla Rule ships which do not already comply with the Rules as modified by these regulations. compliance shall be deemed sufficient if such improvements as are practicable and reasonable are made with a view to providing sub- stantial compliance with the general principles of the Rules as so modified.

(4) In so far as the Rules are applied to ships to which these regulations apply, references to the Minister shall be construed as references to the Director,

(5) Paragraphs (2) to (7) inclusive of Rule 48 of the Rules shall not apply in the case of any ship to which these regulations apply.

Third Schedule.

Fitch Schedule.

tion of

3. (1) For the purposes of these regulations the ships to which Classifica- the regulations apply shall be arranged in the following classes- Simla Rude ships-not engaged in the pilgrim trade.

Class A.

Class B.

Simla Rule ships, not being engaged in the pilgrim trade, plying on long international voyages.

Simla Rule ships, not being engaged in the pilgrim trade, plying on long international voyages in specified

areas.

ships.