1979-HKRS28-16-27_Part02 — Page 49

Authenticated Laws 確真本香港法例 All

Addition of new

Sections 3A.

328 and 1BC.

5 The principal Ordinance is amended by adding after section 38 the following section -

"Power lo nuke regulatima t intre effect DO International Convention Box the Safery at Life at Sen 1974

Badlo Theipulador

38A. (1) The Governor in Council may make such regulations as he considers appropriate to implement the provisions of the International Convention for the Safety of Life at Sea 1974, so far as those provisions are nol implemented by or under any provision" of the Merchant Shipping Acts as extended to the Colony or by or under this OrdinanCS,

(2) Without prejudice to subsection (1) the Governor in Council may make regulations with respect to ships provided with nuclear power plants for the purpose of enabling effect to be given to the provisions of Chapter VIII of the Annex to the International Convention for the Safety of Life at Sea 1974.

(3) For the purposes of subsections (1) and (2) and without prejudice to the generality of the powers contained therein the rules (including the nuclear ship rules) made from time to time under the Merchant Shipping Acts implementing the International Convention for the Safety of Life at Sea 1974 shall, unless varied by or repugnant to the regulations made under this section, be deemed to be regulations made under this section.

388. (1) The Governor in Council may make regula- tions (in this section called "radio regulations") requiring ships to which this section applies to be provided with radio equipment of such a nature (but not including a radio navigational aid) as may be prescribed by the regulations and to maintain such á radio service and to carry such number of radio officers or operators of such grades and possessing such qualifications, as may be so prescribed; and the regulations may contain provisions for preventing, so far as practicable, electrical interference by other apparatus on board with the equipment provided under the regulations.

(2) This section applies to-

(a) sea-going ships registered in Hong Kong; and (b) other sea-going ships while they are within the

waters of the Colony.

(3) The radio regulations shall include such require- ments as appear to the Governor in Council to implement such provisions of the International Convention for the Safety of Life at Sea 1974 as relate to radio telegraphy and radio telephony.

(4) Without prejudice to the generality of this section, the radio regulations may-

(a) prescribe the duties of radio officers and operators,

including the duty of keeping a radio log-book; (4) apply to any radio log-book required to be kept under the regulations any of the provisions of any regulations with respect to official log-books made under section 68 of the Merchant Shipping Act 1970; (c) prescribe requirements for such portable radio ap- paratus as boats or life rafts may be required to carry by the rules for life-saving appliances.

Radio pavīga» Downl mida.

(5) If any radio officer or operator contravenes any regulation made in pursuance of subsection (4)(a), he shall be guilty of an offence and shall be liable on conviction to a fine of $1 000, and if the radio regulations are contravened in any other respect in relation to any ship, the owner or master of the ship shall be guilty of an offence and shall be liable on conviction to a fine of $5000.

(6) If a ship to which this section applies is not provided with radio equipment or with any portable radio apparatus required to be carried by the boats or life rafts on the ship or with radio officers or operators in conformity with the radio regulations the ship, if in the Colony, may be detained.

(7) For the purposes of this section and without prejudice to the generality of the powers contained herein, the radio rules made from time to time under the Merchant Shipping Acts shall, unless varied by or repugnant to the radio regulations, be deemed to be the radio regulations made under this section.

tions

38C. (1) The Governor in Council may make regula-

(a)

requiring ships to which this section applies to be provided with such radio navigational aids, other than direction finders, as may be specified in the regulations and prescribing requirements which such navigational aids are to comply with;

(8) prescribing requirements which radio navigational aida, other than direction Anders and other than such as are provided in pursuance of regulations made under paragraph (6) are to comply with when carried in ships to which this section applies; (c) prescribing requirements which apparatus designed for the purpose of transmitting or reflecting signals to or from radio navigational asds is to comply with if it is apparatus in the Colony or apparatus off the shores of the Colony but maintained from the Colony.

and the requirements prescribed under paragraph (a) or (b) may include requirements relating to the position and melbod of fitting of the radio navigational aids.

(2) This section applies to-

(a) sea-going ships registered in Hong Kong, and (b) other sea-going ships while they are in any port

in the Colony.

(3) If a ship to which this section applies proceeds, or attempts to proceed, to sea without carrying such navigational aids as it is required to carry by regulations made under subsection (1) of carrying radio navigational aids not com- plying with such regulations, the owner or master of the ship shall be guilty of an offence and shall be liable on conviction to a fine of $2000.

(4) If any person establishes or operates any such apparatus as is mentioned in subsection (1)c) and the ap- paralus does not comply with regulations made thereunder,

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