### Merchant Shipping (Safety) (Radio Installations Survey) Regulations 《商船(安全)(無線電裝設檢驗)規例》

4A. Duration and extension of radio certificate
(1) A radio certificate shall be valid for 5 years from the date of issue or for such shorter period as may be specified in the certificate.
(2) Where a ship in respect of which a radio certificate has been issued is registered in Hong Kong and engaged on short voyages, and the certificate has not been extended under section 29 of the Ordinance nor this regulation, the Director may, on the application of the owner, agent or master of the ship, grant an extension of the certificate for a period not exceeding 1 month from the date of expiry of the certificate.
(3) Where a renewal survey of a ship in respect of which an extension of a radio certificate is granted under subregulation (2) is completed, the new radio certificate issued in consequence of the survey shall be valid for 5 years from the date of expiry of the existing certificate before the extension was granted or for such shorter period as may be specified in the certificate or, if the Director considers it is appropriate in the special circumstances of the case, valid for 5 years from the date of completion of the renewal survey or for such shorter period as may be specified in the certificate.

(L.N. 38 of 2000)

5. Surveys by Government surveyors
The Director may require that a survey made pursuant to regulation 4 in the waters of Hong Kong shall be carried out by a Government surveyor.

### Merchant Shipping (Safety) (Radio Installations Survey) Regulations 《商船(安全)(無線電裝設檢驗)規例》

6. Responsibilities of owner and master
(1) The owner or master of every ship in relation to which these regulations apply shall ensure that—
(a) the condition of the radio installations is maintained so as to comply with the requirements of the Merchant Shipping (Safety) (Radiocommunications) Regulation (Cap. 369 sub. leg. BB) that are applicable to the ship; (L.N. 135 of 1992; L.N. 95 of 2017; E.R. 4 of 2017)
(b) after any survey required by these regulations has been completed, no material change shall be made in the radio installations subject to such survey without the approval of the Director; and
(c) whenever an accident occurs to a ship or a defect is discovered either of which affects the efficiency or completeness of its radio installations, it shall be reported at the earliest opportunity to the Director who shall cause investigations to be initiated to determine whether a survey by a nominated surveyor is necessary and shall in that event require such a survey to be carried out. If the ship is outside the waters of 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. (23 of 1998 s. 2)
(2) The nominated 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.

### Merchant Shipping (Safety) (Radio Installations Survey) Regulations 《商船(安全)(無線電裝設檢驗)規例》

7. Procedure to be adopted when radio installations are deficient
(1) In any case where the nominated surveyor determines that the condition of the radio installations does not correspond substantially with the particulars of the radio certificate or is such that the ship is not fit to proceed to sea without danger to the ship or persons on board, the nominated surveyor shall advise the owner or master of the corrective action which in his opinion is required, and shall notify the Director.
(2) If such corrective action is not taken within such period (being a reasonable period) as the nominated surveyor may specify, the nominated surveyor shall, at the end of that time, immediately notify the Director who may, on receipt of such notification, suspend the validity of the radio certificate issued in relation to the ship. The Director shall give notice of any such suspension to the owner and to the nominated surveyor; the nominated surveyor shall notify the master.
(3) The master shall thereupon deliver up the certificate issued in relation to the ship to the nominated surveyor on demand and the owner shall on receipt of notice of suspension deliver up the duplicate certificate to the Director.
(4) When the nominated surveyor is satisfied that corrective action has been taken he shall notify the Director. The Director shall thereupon, in any case where the validity of the certificate has been suspended—
(a) restore the validity of the certificate;
(b) give notice thereof to the owner; and
(c) return the duplicate certificate to the owner.
The nominated surveyor shall return the certificate issued in relation to the ship to the master.
(5) Where the ship is not within the waters of Hong Kong and corrective action in accordance with subregulation (2) has not been taken, the nominated surveyor shall in addition immediately notify the appropriate authorities of the country in which the port is situated.

8. Penalties
If the owner or master of a ship to which these regulations apply fails to comply with regulation 4(3)(a), (b) or (c), 6(1) or 7(3), the owner or master shall each be guilty of an offence and liable on conviction to a fine at level 2.
(L.N. 38 of 2000; E.R. 5 of 2021)

### Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 《商船(安全)(船體開口及水密艙壁開口的關閉)規例》

1. Citation
(1) These regulations may be cited as the Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations.
(2) (Omitted as spent)

2. Interpretation and application
(1) In these regulations, unless the context otherwise requires—
“locked” (鎖上) means secured by a device which prevents unauthorized operation;
“margin line” (限界線) has the same meaning as in the Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. AM);
“required to be watertight” (必須水密) means required by the Merchant Shipping (Safety) (Passenger Ship Construction and Survey) (Ships Built On or After 1 September 1984) Regulations (Cap. 369 sub. leg. AM) or the Merchant Shipping (Safety) (Passenger Ship Construction) (Ships Built Before 1 September 1984) Regulations (Cap. 369 sub. leg. AL) to be watertight;
“restricted visibility” (有限能見度) means any weather condition in which visibility is restricted by fog, mist, snow, rainstorm, sandstorm or any other similar cause.
(2) These regulations apply to passenger ships which are registered in Hong Kong and which are propelled by electricity or other mechanical means.
(3) For the purpose of these regulations a voyage commences when a ship leaves her berth or anchorage at the port or other place from which the voyage is made.
(4) For the purpose of these regulations, a closing appliance shall be regarded as being below the margin line if any part of the sill of the opening with which it is associated is below that line.

### Merchant Shipping (Safety) (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 《商船(安全)(船體開口及水密艙壁開口的關閉)規例》

3. Closure of hull openings, watertight doors, openings in watertight bulkheads, etc.
(1) The following closing appliances shall be securely closed before a ship proceeds on any voyage and shall be kept so closed until the ship has been secured at a berth or anchorage—
(a) watertight doors below the ship’s margin line fitted in bulkheads which are required to be watertight and which separate cargo spaces;
(b) sidescuttles which can be opened and which are situated below such margin line;
(c) deadlights of any sidescuttles which are situated below such margin line and which—
(i) are not accessible while the ship is at sea; or
(ii) are situated in spaces appropriated for use at times for the carriage of cargo and at other times for use by passengers, while the spaces are used for the carriage of cargo; and
(d) gangway and cargo loading doors below such margin line.
(2) A closing appliance described in subregulation (1)(a), (b), (c) or (d) shall not be regarded as being securely closed unless it is locked.