### Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations 《商船(安全)(防護衣物及設備)規例》

1. Citation
(1) These regulations may be cited as the Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations.
(2) (Omitted as spent)

2. Interpretation
In these regulations, unless the context otherwise requires—
“employee” (僱員) means a person (including the master and self-employed persons) employed on board ship other than a dock worker or shore-based worker on board a ship whilst it is in harbour;
“employer” (僱主) means a person who employs an employee other than himself.

3. Application and exemption
(1) Subject to subregulations (2) and (4)—
(a) these regulations shall apply to Hong Kong ships wherever they may be; and
(b) regulations 2, 3 and 10 shall apply to other ships when in the waters of Hong Kong.
(2) These regulations shall not apply to offshore installations whilst on or within 500 metres of their working stations.
(3) For the purposes of subregulation (2), “offshore installation” (離岸裝設) means an installation which is maintained in the water, or on the foreshore or on other land intermittently covered with water, and is not connected with dry land by permanent structure providing access at all times and for all purposes.
(4) The Director may grant exemptions from all or any of these regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

### Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations 《商船(安全)(防護衣物及設備)規例》

4. Provision and standard of protective clothing and equipment
(1) An employer shall ensure that every employee of his in a ship who is engaged in a work process specified in the first column of the table in the Schedule or who may reasonably be expected to be at risk from such a work process carried on in such a ship, is provided with suitable protective clothing and equipment of the kind and to the standard specified in the second and third columns of the table in the Schedule in relation to that work process or with protective clothing and equipment of a standard which is equivalent thereto:
Provided that other protective clothing and equipment which complies with the approved published specification of a national authority or of the International Organization for Standardization may be provided where it has been necessary to purchase items at a place where items complying with the specified standard specifications are not available and it has not been reasonably practicable to replace them.
(2) An employer shall ensure that every employee of his in a ship who is engaged in any other work process involving a particular hazard which can be alleviated by the provision of protective clothing or equipment, or where health or safety may reasonably be expected to be at risk from such a work process carried on in such a ship, is provided with suitable protective clothing and equipment designed to reduce the hazard so far as is reasonably practicable.
(3) The Director may, by notice published in the Gazette, amend the Schedule.

5. Issue and storage
An employer shall ensure that whenever any protective clothing or equipment is carried on board a ship for use by his employees, it is issued to employees for their individual use or is kept in easily accessible and clearly marked places in a manner which will prevent deterioration or damage during storage or contact with substances likely to affect it adversely.

6. Maintenance
(1) An employer shall ensure that whenever any protective clothing or equipment is carried on board a ship for use by his employees except in so far as it is issued to employees for their individual use, it is—
(a) properly maintained, due regard being paid to any recommendations made by the manufacturers;
(b) regularly inspected and, where appropriate, its operation checked at intervals of not more than 3 months;
(c) repaired, decontaminated or replaced as necessary; and
(d) in the case of breathing apparatus specified in respect of item 6 of the table in the Schedule, inspected and its operation checked before and after use.
(2) An employee shall ensure that any deficiencies or defects in any items of protective clothing or equipment issued to him for his individual use are reported for repair or replacement to a responsible ship’s officer or any other person authorized by the employer of that employee.

### Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations 《商船(安全)(防護衣物及設備)規例》

7. Instructions in the use of protective clothing and equipment
An employer shall ensure that—
(a) any employee of his who may be required to wear protective clothing or use protective equipment is appropriately instructed in its use; and
(b) where items of protective clothing or equipment are stored on board a ship for use by his employees, instructions for their proper use and maintenance are kept with the protective clothing or equipment to which they refer or in a safe place as close thereto as possible.

8. Use of protective clothing and equipment
(1) No person shall require an employee to start in a ship a work process referred to in regulation 4 unless the appropriate clothing or equipment specified in or in accordance with that regulation is in good condition and working order and is being worn or used by the employee carrying out the work process and by any other employee who is subject to a reasonably foreseeable risk from that work process.
(2) Any employee involved in or subject to a reasonably foreseeable risk in a ship from a work process referred to in regulation 4 shall wear the appropriate protective clothing and use the appropriate protective equipment specified in or in accordance with that regulation.

9. Offences
(1) An employer who contravenes regulation 4, 5, 6(1) or 7 commits an offence and is liable on conviction to a fine of $10,000.
(2) An employee who contravenes regulation 6(2) or 8(2) commits an offence and is liable on conviction to a fine of $1,000.
(3) Any person who contravenes regulation 8(1) commits an offence and is liable on conviction to a fine of $2,000.
(4) It shall be a defence for a person charged under these regulations, including a person charged by virtue of subregulation (5), to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(5) Notwithstanding anything in this regulation, where an offence under these regulations is committed, or would have been committed except for the operation of subregulation (4), by an employer, employee or any person due to the act or default of some other person, that other person commits that offence and may be charged with and convicted of the offence by virtue of this subregulation whether or not proceedings are taken against the employer, employee or person first mentioned.

### Merchant Shipping (Safety) (Protective Clothing and Equipment) Regulations 《商船(安全)(防護衣物及設備)規例》

10. Inspection and detention of ships
(1) The provisions of the Ordinance relating to the inspection and detention of ships shall apply to and in relation to any ship in respect of which—
(a) if it is a Hong Kong ship, any provision of these regulations is contravened; or
(b) if it is a ship other than a Hong Kong ship, the protective clothing and equipment carried on board does not conform to the standards required of a Hong Kong ship by these regulations,
as if such ship were found to be unsafe within the meaning of section 67 of the Ordinance.
(2) Where a ship other than a Hong Kong ship is detained as provided by subregulation (1), the Director may send a report to the government of the country in which the ship is registered, and a copy thereof to the Director-General of the International Labour Office.

### Merchant Shipping (Safety) (Load Line) Regulations 《商船(安全)(載重線)規例》

1. Citation
(E.R. 3 of 2021)(1) These regulations may be cited as the Merchant Shipping (Safety) (Load Line) Regulations.
(2) (Omitted as spent—E.R. 3 of 2021)