1978-HKRS28-16-26_Part04 — Page 7

Apollesion.

Apocinument

of fitilpenlack,

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"machinery, equipment or appliance", in the case of

(2) repairs to a vessel, means any machinery, equipment or appliance

provided or used for that purpose;

(b) the breaking up of a vessel, means any machinery, equipment or

appliance provided or used for that purpose; and

(c) cargo handling, means any lifting appliance or lifting gear

provided or used for that purpose;

"person in charge of works" means--

(a) the owner or master of, or other person having control over, the vessel on or to which any works are to be, or are being, carried out: or

(b) a principal contractor or sub-contractor, if any, who contracts

to carry out, or who carries out, any works;

"principal contractor" means a person who enters into a contract directly with the owner or master of, or other person having control over, the vessel to carry out any works:

"repair", in relation to-

(a) any vessel, means any repairs, alterations or maintenance works on or to the vessel carried out by any person other than a member of the crew or master of the vessel or that involve or are likely to involve the safety of any person other than a member of the crew or the master, and

(b) any vessel carrying dangerous goods, means any repairs, altera- tions or maintenance works on or to the vessel capable of providing an ignition source, including those that involve weld- ing, burning or the use of blow lamps, braziers or other devices using combustible materials;

"sub-contractor" means—

(a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the works which the principal contractor has contracted to perform; and (8) any other person who enters into a contract, express or implied, to perform all or any part of the works which a sub-contractor within the meaning of paragraph (a) has contracted to perform;

"works" means—

(a) repairs to any vessel;

(6) the breaking up of a vessel; or

(4) cargo handling on a vessel.

37. (1) Subject to subsection (2), this Part shall not apply to repairs to, or the breaking up of, a vessel which is-

(a) 50 metres or less in length;

(b) in a dock other than a Boating dock; of

(c) on a slip or mechanical lift.

2) The Director may, in the case of any vessel referred to in subsection (1)(a), give written notification to the person in charge of works that this Part applies to that vessel.

38. The Director shall appoint such persons as he thinks fit to be inspectors for the purposes of this Part,

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39. (1) The Director and an inspector shall have power-

(o) at any reasonable time (or, in a situation which in the opinion of the Director or ad iuspector is or may be dangerous, at any time) to board any vessel within the waters of Hong Kong which be has reason to believe it is necessary to hoard for the pur- poses of this Part, and for the purpose of boarding any such Vessel which is floating alongside any promises at a seawall or pier, to enter such premises;

(b) to take with him such persons as may be necessary to assist him in the exercise of bis powers, or performance of his duties. under this Part;

(c) to faspect and examine any vessel on or to which any works are

being carried out;

(d) to make such examination and inquiry as may be necessary to ascertain that safe working conditions obtain and that the pro- visions of this Part are complied with;

(e) to investigate any accident involving any works or injury to any person arising out of or in the course of carrying out any works.

() to require the production of any register, certificate or other document required to be kept in pursuance of this Part and to inspect and copy any of them or any entry in them; and

to require the posting of any notice în pursuance of this Part or any notice related to works, machinery, equipment or appliances, or the safety of persoris employed in carrying out any worka.

(2) An owner or master of, or other person having control over, a vessel shall fumish such safe means required by the Director or an inspector as are necessary for the purposes of boarding, inspection. examination, investigation, or otherwise for the exercise of his powers under this Fart,

(3) Any person who-

(a) without reasonable excuse fails to comply with any requirement of the Director or an inspector in pursuance of this section;

(5) without reasonable excuse fails to produce any register, certificate or other document which he is required in pursuance of this Part to produce;

(c) without reasonable excuse withholds any information as to who is the owner or master of, or person having control over, the vessel, or the owner of any machinery, equipment or appliance provided or used for the carrying oul of any works, commits an offence and is liable to a due of $10,000 and to imprisonment for 6 months.

40. (1) Subject to subsection (2), no owner of matter of or other person having control over, a vessel shall, except with the written permis- sion of the Director, carry out, or cause to be carried out, any repairs to, or break up, the vessel.

(2) The Director may by notice in the Gazette specify any type of repairs to a vessel in respect of which permission under subsection (1) is not required.

(0) Any person who without reasonable excuse contravenes sub- section (1) commits an offence and is liable to a fine of $50,000 and to imprisonment for 2 years

Powers of Director and impector.

Roudcen 90 carrying breaking op

but begaire or

od vessel.