### Merchant Shipping (Minimum Passenger Space) Regulations 《商船(最少乘客空間)規例》

23. Mechanical ventilation of unberthed passenger spaces
(1) In every ship to which these regulations apply engaged in the eastern trade area, other than a ship engaged exclusively in the river trade area, every space allocated for the accommodation of unberthed passengers situated—
(a) below the uppermost between deck; or
(b) in a compartment in an upper between deck that is completely covered by a long superstructure,
shall be ventilated by a trunked mechanical ventilation or other air change system approved by the Director:
Provided that, where such an uppermost between deck space or long superstructure has large openings in the sides of the ship with no means fitted whatsoever of closing the openings, the unberthed passenger compartment in the between deck next below and adjacent to such openings may, subject to the approval of the Director, be regarded as an uppermost between deck and may be exempt from the requirement to be ventilated by a trunked mechanical ventilation or other air change system.(2) The approval, on completion, of any system of mechanical ventilation shall be conditional upon the results of anemometer tests with which the Director is satisfied that the system is efficient.
(3) Arrangements shall be made to ensure a sufficient supply of air in the event of a breakdown in any part of a mechanical ventilation system—
(a) by interconnecting the air ducts from two or more fans;
(b) by providing additional independent means of mechanical ventilation; or
(c) by providing spare gear, properly packed for storage, for each size of electric motor employed to operate any trunked mechanical ventilation or other air change system on the following scale—
(i) for direct current motors—

1 armature  1 field coil  1 set of bearings  1 brush holder  1 set of carbon brushes; and 
(ii) for alternating current motors—

1 set of stator windings, complete with insulation pieces  1 set of bearings. 
(4) A trunked mechanical ventilation system, required to be fitted to any space pursuant to this regulation, shall be capable of delivering, under normal sea-going conditions, for each passenger of the maximum number for which the space may measure, at least 830 cubic feet of fresh air per hour.
(5) In any space so fitted with mechanical ventilation—
(a) the vitiated air shall exhaust direct to the open air; and
(b) in the case of any such space situated abreast the machinery or boiler casings or immediately above the machinery spaces, the delivery of fresh air required to be provided pursuant to paragraph (4) shall be increased, in each such case, by 33 per centum.

### Merchant Shipping (Minimum Passenger Space) Regulations 《商船(最少乘客空間)規例》

24. Natural lighting
(1) In every ship to which these regulations apply, every space allocated for the accommodation of berthed or unberthed passengers shall be properly lighted by natural light.
(2) The natural lighting of any berthed or unberthed passenger cabin, dining or recreation room, sanitary accommodation, galley, hospital, entrance or exit lobby shall be deemed to be proper for the purposes of this regulation if it is sufficient to enable an ordinary newspaper to be read by a person of normal vision at any point in the space, being a point available for free movement, during daytime and in clear weather.
(3) The natural lighting of any unberthed passenger accommodation in between decks, bridge spaces and superstructures shall be deemed to be proper for the purposes of this regulation if the provisions made for the direct admission of natural light amounts to at least 1 square inch for every  2  1 2 square feet of the gross passenger area.
(4) For the purposes of paragraph (3), natural lighting shall, as far as possible, be evenly distributed; and, in any space where longitudinal bulkheads such as machinery casings exclude natural light, the measure of illumination required in the way thereof shall be determined proportionately.
(5) Any side scuttle fitted below the bulkhead deck shall be at least 10 inches in diameter and shall be fitted in accordance with the provisions of the Merchant Shipping (Passenger Ship Construction) Rules from time to time in operation in Hong Kong.

### Merchant Shipping (Minimum Passenger Space) Regulations 《商船(最少乘客空間)規例》

41. Total number of passengers
(1) The total number of unberthed passengers allowed in any compartment or space shall be the least number for which there is either area, means of ingress and egress, ventilation or lighting, respectively, as deemed adequate by these regulations.
(2) The total number of passengers allowed in any ship to which these regulations apply shall be the least number for which the Director is satisfied that there is provided adequate washing, sanitary or hospital accommodation respectively in accordance with these regulations:
Provided that no more passengers shall be carried than are permitted under the Merchant Shipping (Life-Saving Appliances) Rules or Merchant Shipping (Radio) Rules, made by the Board of Trade and from time to time in operation in Hong Kong.

### Merchant Shipping (Minimum Passenger Space) Regulations 《商船(最少乘客空間)規例》

42. Limiting draughts
(1) Every ship to which these regulations apply shall be marked on both sides with the sub-division load lines as prescribed by the Merchant Shipping (Passenger Ship Construction) Rules from time to time in operation in Hong Kong.
(2) Every ship to which the Simla Rules from time to time in operation in Hong Kong apply engaged in the eastern trade area and carrying unberthed passengers within the area to which the Simla Rules apply shall be marked with the sub-division load lines assigned in accordance with such Rules.
(3) In no case shall any such ship be so loaded as to submerge the load line appropriate to the season and locality, as determined by the load line certificate issued in accordance with the Load Line Rules.

43. Passenger ships of unusual design
The Director may exempt any ship of unusual design from the requirements of any of these regulations, to the extent that he is satisfied that accommodation or facilities equal to or superior in standard to those required by these regulations, are available for the use of passengers of any class or grade.

### Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) Regulations 《商船(安全)(貨船安全設備檢驗)規例》

1. Citation
(E.R. 2 of 2020)(1) These regulations may be cited as the Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) Regulations.
(2) (Omitted as spent—E.R. 2 of 2020)

### Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) Regulations 《商船(安全)(貨船安全設備檢驗)規例》

3. Application
These regulations apply to Hong Kong ships of 500 tons or over engaged in international voyages.

### Merchant Shipping (Safety) (Cargo Ship Safety Equipment Survey) Regulations 《商船(安全)(貨船安全設備檢驗)規例》

6. Surveys by Government surveyor
(1) Without prejudice to the requirements under regulation 4 or 5, the owner or master of a ship may, by an application to the Director, request a survey required under regulation 4 or 5 to be carried out by a Government surveyor.
(2) An application under this section shall be accompanied by a fee as set out in Schedule 3.
(L.N. 90 of 1999 and 44 of 1999 s. 36)

8. Responsibilities of owner and master
(1) The owner or master of any ship to which a survey has been carried out pursuant to these regulations shall ensure that—
(a) the condition of the safety equipment is maintained so as to comply with the relevant Safety Regulations;
(b) after any survey pursuant to these regulations has been completed, no material change is made in the safety equipment concerned without the approval of the Director; and
(c) if an accident occurs to the relevant ship or a defect is discovered which affects the safety of the ship or the efficiency or completeness of the ship’s safety equipment, the accident or defect shall be reported at the earliest opportunity to the Director, who shall cause investigations to be initiated to determine whether a survey by a surveyor is necessary and shall in that event require such a survey to be carried out. If, when the accident occurs or the defect is discovered, the ship is in a port outside Hong Kong the master or owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated.
(2) The surveyor shall ascertain from the appropriate authorities of the country in which the port is situated that the report referred to in subregulation (1)(c) has been made.