### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

43. Transitional provisions for Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023
(1) If a copy of a plan and scheme has been deposited in the Land Registry under section 8(1) before 1 September 2023, sections 8(3), 10, 11, 14, 16 and 18 as in force immediately before that date continue to apply in relation to the plan and scheme as if sections 76(2), 77, 78, 79, 80 and 81 of the Amendment Ordinance had not been enacted.
(2) Section 23(1A) has effect in relation to any application to be made under section 23(1) on or after 1 September 2023, regardless of whether the date referred to in section 23(1A)(a)(i) or (ii) falls before, on or after 1 September 2023.
(3) The amendment made to section 37 by section 85 of the Amendment Ordinance has effect in relation to any land resumed (whether before, on or after 1 September 2023) under this Ordinance.
(4) If the period specified in the fourth column of Part II of the Schedule in relation to a matter specified in the first column of that Part begins before 1 September 2023, section 33 as in force immediately before that date continues to apply in relation to the compensation in respect of the matter as if section 83 of the Amendment Ordinance had not been enacted.
(5) In this section—
Amendment Ordinance (《修訂條例》) means the Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (25 of 2023).
(Added 25 of 2023 s. 88)

### Merchant shipping (Safety) Ordinance (Exemption) Notice 《商船(安全)條例(豁免)公告》

1. Citation
This notice may be cited as the Merchant shipping (Safety) Ordinance (Exemption) Notice.

2. Exemption
A ship which is registered in Hong Kong on or after the date of this notice shall be exempted from the requirements of the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 (S.I. 1981/572 U.K.) listed in columns 1 to 3 of the Schedule subject to complying with the conditions for exemption shown in column 4.

### Merchant Shipping (Safety) (Means of Access) Regulations 《商船(安全)(上落設施)規例》

1. Citation
(1) These regulations may be cited as the Merchant Shipping (Safety) (Means of Access) Regulations.
(2) (Omitted as spent)

2. Interpretation
In these regulations, unless the context otherwise requires—
“access” (上落) means embarking on or disembarking from a ship;
“Code” (守則) means Chapter 8 of the Code of Safe Working Practices for Merchant Seamen published in the United Kingdom in 1978 by Her Majesty’s Stationery Office and any document amending or replacing it which is considered by the Director to be relevant from time to time and is specified in a Merchant Shipping Notice;
“Director” (處長) means the Director of Marine;
“employer” (僱主) means a person for the time being employing the master;
“fishing vessel” (捕魚船隻) means a fishing vessel certificated as such under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548); (24 of 2005 s. 55)
“Hong Kong ship” (香港船舶) has the same meaning as in section 107(4) of the Merchant Shipping (Safety) Ordinance (Cap. 369);
“master” (船長) includes any person in charge of a ship during the absence of the master but excludes a watchman;
“Merchant Shipping Notice” (商船公告) means a Notice described as such and issued by the Department of Transport of the United Kingdom;
“offshore installation” (離岸裝設) means any installation which is or has been maintained, or is intended to be established, for the carrying on of any activity to which the Oil and Gas (Enterprise) Act 1982 (1982 c. 23 U.K.) applies;
“pleasure craft” (遊樂航行器) means a vessel primarily used for sport or recreation;
“portable ladder” (活動扶梯) does not include a rope ladder.

### Merchant Shipping (Safety) (Means of Access) Regulations 《商船(安全)(上落設施)規例》

3. Application
(1) Subject to subregulation (2), these regulations shall apply to—
(a) Hong Kong ships; and
(b) other ships where they are in the waters of Hong Kong unless they would not have been within such waters but for stress of weather or any other circumstance which neither the master nor the owner of the ship could have prevented or forestalled.
(2) These regulations do not apply to—
(a) fishing vessels,
(b) pleasure craft,
(c) offshore installations whilst on or within 500 metres of their working stations, or
(d) ships in which there is for the time being no master or crew or watchman.
(3) The Director may grant exemptions from all or any of the provisions 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. Any exemption given pursuant to the regulations replaced by these regulations shall continue in effect as if made under these regulations; and any reference in such an exemption to a provision of those regulations shall be construed as referring to the corresponding provision in these regulations.

4. General duties concerning access arrangements
(1) The employer and the master shall ensure that there is a safe means of access between the ship and any quay, pontoon or similar structure or another ship alongside which the ship is secured and in particular (and without prejudice to the generality of such duty) the employer and the master shall ensure that—
(a) any equipment necessary to provide a safe means of access is placed in position promptly after the ship has been so secured and remains in position while the ship is so secured;
(b) access equipment which is in use—
(i) is properly rigged, secured, deployed, and is safe to use; and
(ii) is so adjusted from time to time as to maintain safety of access;
(c) access equipment and immediate approaches thereto are adequately illuminated;
(d) any equipment used for means of access and any safety net is—
(i) of good construction;
(ii) of sound material;
(iii) of adequate strength for the purposes for which it is used; and
(iv) properly maintained.
(2) When access is necessary between ship and shore, and the ship is not secured alongside, the employer and master shall ensure that such access is provided in a safe manner.
(3) The employer and the master shall take account of the principles and guidelines in the Code when carrying out the duties provided by this regulation.