1969-HKRS30-16-29_Part02 — Page 34

Shape to which An applies.

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SCHEDULE TO THE ORDER.

General provisions.

1. This Act applies to all ships except-

(a) ships of war:

(b) ships solely engaged in fishing; and

(c) pleasure yachts.

2. (1) The Governor may make rules in accordance with the follow- ing provisions of this Act fin this Act referred to as "the load live rules"); and in making those rules the Governor shall have regard in particular to the Convention of 1966.

(2) The load line rules shall make provision-

(2) for the surveying and periodical inspection of ships to which this

Act applies;

(b) for determining freeboards to be assigned from time to time to

such ships:

(c) for determining, in relation to any such ship, the deck which is to be taken to be the freeboard deck of the ship, and for requiring the position of that deck to be indicated on each side of the ship by a mark of a description prescribed by the rules; and

(d) for determining, by reference to that mark and the freeboards for the time being assigned to any such ship, the positions in which each side of the ship is to be marked with lines of a description prescribed by the rules, indicating the various maximum deptha to which the ship may be loaded in circumstances prescribed by the rules.

(3) The load line rules shall include the following provisions, that is to say→

(a) provisions specifying such requirements in respect of the hulls, super-structures, fittings and appliances of ships to which this Act applies as appear to the Governor to be relevant to the assignment of freeboards to such ships;

(b) provisions whereby, at the time when freeboards are assigned to a ship in accordance with the load line rules, such particulars relating to those requirements as may be determined in accordance with the rules are to be recorded in such manner as may be se descrmined; and

(e) provisions for determining by reference to those requirements and that record whether, at any time after freeboards have been so assigned to a ship and while they continue to be so assigned, the ship is for the purposes of this Act to be taken to comply, or not to comply, with the conditions of assignment;

and those provisions shall be set out separately in the load line rules under the title of "rules as to conditions of assignment".

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(4) The load line rules shall also include provisions requiring such information relating to the stability of any ship to which freeboards are assigned thereunder, and such information relating to the loading and ballasting of any such ship, as may be determined in accordance with the rules to be provided for the guidance of the master of the ship in such manner as may be so determined.

(5) In relation to any matter authorized or required by this Act to be prescribed by the load line rules, those rules may make different provision by reference to for to any combination of any of the following, that is to say, different descriptions of ships, different areas, different seasons of the year and any other different circumstances.

(6) Except in so far as the context otherwise requires, in this Act "deck-line" means such a mark as is referred to in paragraph (c) of subsection (2) of this section and "load Hues" means such lines as are referred to in paragraph (ơ) of that subsection.

Ships registered in Hong Kong.

3. (1) Subject to any exemption conferred by or under this Act, no ship to which this Act applies. being a ship registered in Hong Kong. shall proceed or attempt to proceed to sca unless---

(a) the ship has been surveyed in accordance with the load line ruless (8) the ship is marked with a deck-line and with load lines in accord-

ance with those rules;

(c) the ship complies with the conditions of assignment; and

(d) the information required by those rules to be provided an mentioned in section 3(4) of this Act is provided for the guidance of the master of the ship in the manner determined in accordance with the rules.

(2) If any ship proceeds or attempts to proceed to sea in contravention of the preceding subsection, the owner or master of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding three thousand dolları.

(3) Any ship which in contravention of subsection (1) of this section attempts to proceed to sea without being surveyed and marked as men- tioned in paragraphs (o) and (b) of that subsection may be detained until she has been so surveyed and marked.

(4) Any such ship as is mentioned in subsection (1) of this section which does not comply with the conditions of assignment shall be deemed to be unsafe for the purposes of section 45 of the Merchant Shipping Ordinance(a) (power to detain unsafe ships, and procedure for detention).

4 (1) Where a ship to which this Act applies, being a ship registered in Hong Koop is marked with load lines, the ship shall not be so loaded that---

() if the ship is in salt water and has no list, the appropriate load

lice on each side of the ship is submerged, or

00 Law of Hong Kong, Revised Edklom 1967. Cap. 281.

Compliance WILD load Una ruke,

Skberendon of Itu bien.