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| Home > Publications and press releases > Reports of Marine Department | ||||
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| Regulations and Reporting Requirements | ||||
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Under Section 53(1) of the Merchant Shipping Ordinance (Cap. 281) a casualty shall be deemed to occur :
(A) when on or near the coasts of Hong Kong any Hong Kong ship is lost, abandoned or materially damaged; (B) when on or near the coasts of Hong Kong any Hong Kong ship has been stranded or damaged, and any witness is found in Hong Kong; (C) when on or near the coasts of Hong Kong any Hong Kong ship causes loss or material damage to any other ship; (D) when any loss of life ensues by reason of any accident happening to or on board any Hong Kong ship on or near the coasts of Hong Kong; (E) when in any place any such loss, abandonment, material damage or accident as above-mentioned has occurred, and any witness is found in Hong Kong; (F) when in any place any Hong Kong ship has been stranded or damaged, any witness is found in Hong Kong; and (G) when any Hong Kong ship has been lost or is supposed to have been lost, any evidence is obtainable in Hong Kong as to the circumstances in which such ship proceeded to sea or was last heard. The statutory obligations of the owner or master of a vessel to report a marine accidents depends on the registry status of the vessel and whether or not the accident occurs within the waters of Hong Kong. Under Section 80 of the Merchant Shipping (Safety) Ordinance (Cap. 369), the owner or master of a ship registered in Hong Kong is required to report : (A) the loss or presumed loss, stranding, grounding, abandonment of or damage to a ship; (B) a loss of life or serious personal injury caused by fire on board or by any accident to a ship or a ship's boat, or by any accident occurring on board a ship or ship's boat; or (C) any damage caused by a ship. This report is to be made as soon as practicable and not later than 24 hours of the ship's arrival at the next port (with modern communication facilities available on ships, it is expected that initial report will be submitted to the Department within 24 hours of the accident)and it shall - (1) give a brief description of the accident or damage; (2) state the time and place where it occurred; (3) state the name of the ship and its official number, its position at the time of the report and the next port of call; and (4) give the particulars of any other ship involved in the accident. Under Section 81 of the Merchant Shipping (Safety) Ordinance (Cap. 369), the owner or agent of a ship registered in Hong Kong is required to report when he has reason to believe that the ship has been wholly lost. This report shall specify the probable cause of the loss of the ship; and the name of the ship and its official number. Reporting of an accident/loss to the Director of Marine under Section 80 and 81 of the Merchant Shipping (Safety) Ordinance (Cap. 369) by Hong Kong Registered vessels does not have to be in a prescribed format. However the Form M.O. 822 "Report of Shipping Casualty" is recommended. Under Section 67 of the Shipping and Port Control Ordinance (Cap. 313), the owner, agent or master of a vessel is required to report an accident orally or in writing forthwith, and furnish full particulars in writing within 24 hours. This applies to : (A) a vessel is involved in a collision with another vessel, a port facility or other property; (B) a vessel sinks or becomes stranded or disabled; (C) a person is killed or seriously injured on board a vessel as a result of an accident; (D) an explosion or fire occurs on board a vessel; (E) damage is caused by a vessel to a port facility or other property; or (F) a person, cargo or equipment is lost overboard from a vessel occurring within the waters of Hong Kong irrespective of the registry or licence status of the vessel. Reporting of an accident to the Director of Marine under Section 67 of the Shipping and Port Control Ordinance (Cap. 313) does not have to be in a prescribed format. However the Form M.O. 461 "Report of Marine Accident" is advisable. Under Section 11 & Section 12 of the Merchant Shipping (Seafarers) (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulation (Cap. 478R), the master, or if he is not available, the most senior officer available, is required to report to the Superintendent as soon as possible and not later than 24 hours after the accident if the ship is within the waters of Hong Kong at the time of the accident; or 24 hours after the ship arrives at its next port of call if the ship is not within the waters of Hong Kong at the time of the accident. This applies to every accident if they occur on board a ship or during access to a person employed or carried on a ship which results in the death of the person; the person being incapacitated for work for any period; or such impairment of the person's physical condition that the person is put ashore and the ship sails without him; and every dangerous occurrence. This report shall include the name and official number of the ship, its position at the time of the accident, the number of people involved in the accident, the injuries suffered, details of any damage to the ship or its equipment, any previous defect in its equipment, and, if the ship is at sea at the time of the accident, its next port of call and estimated date and time of arrival. In the event of an accident or dangerous occurrence if the ship carries a safety officer the master, or, if he is not available, the most senior officer available shall, complete and sign a report in the prescribed form, and forward it to the Superintendent within 7 days of the date of the accident or dangerous occurrence or, if the ship is at sea at that date, within 7 days of arrival at its next port of call; if the ship does not carry a safety officer, the employer shall, require the master or most senior officer available, or, if the accident or dangerous occurrence occurs while the ship is in port, the owner's representative ashore responsible for safety, to investigate the accident or dangerous occurrence; complete and sign a report in the prescribed form (Form M.O. 830 "Accident and Dangerous Occurrences report form"); and forward the report to the Superintendent. Under Section 53 of the Shipping and Port Control (Cargo Handling) Regulations (Cap 313B), the owner or master of the vessel and the person in control of cargo handling is required to report the occurrence arising out of and in the course of any process of cargo handling immediately to the Director orally, by means of signals or in writing and shall furnish to the Director in writing full particulars thereof within 24 hours after the occurrence. This applies to occurrence where a person is killed or seriously injured in an accident; or a crane, winch, hoist, derrick or other appliance used in hoisting or lowering cargo collapses or fails (other than breakage of a chain or rope sling); or a person, cargo or equipment is lost overboard from a vessel. Reporting of an occurrence to the Director of Marine under Section 53 of the Shipping and Port Control (Cargo Handling) Regulations have to be in a prescribed format (Form MIS 2AR "Report of Ship Repairing or Cargo Handling Accident"). These forms are available for downloading in Adobe Acrobat format. Section 16 of the Pilotage Ordinance (Cap. 84) requires a licensed pilot to report orally forthwith and in writing within twenty-four hours any accident involving a ship which he is piloting. The report is to be made to the Pilotage Authority, who is the Director of Marine.Under Regulation 48 of the Merchant Shipping (Launches and Ferry Vessels) Regulations (Cap. 313E), the master of any launch or ferry vessel which is involved in any accident or has sustained any damage shall report such accident or damage to the Director of Marine as soon as practicable after the occurrence of such loss or damage. Under Regulation 12 of the Merchant Shipping (Pleasure Vessels) Regulations (Cap 313G), where, as the result of an accident involving a pleasure vessel, any damage is sustained by any vessel or any injury is suffered by any person, the person for the time being in charge of a pleasure vessel which is involved in the accident shall, within 48 hours after the accident, supply the Director of Marine with full particulars of the damage sustained by any vessel and the injury suffered by any person. Under Regulation 8 of the Merchant Shipping (Prevention of Oil Pollution) Regulations (Cap. 413A), whenever an accident occurs to a Hong Kong ship or a defect is discovered, either of which affects the integrity of a ship or the efficiency or completeness of its equipment, it shall be reported by the master or (if the master fails to do so) the owner at the earliest opportunity to the Director of Marine or a proper officer. If an accident has occurred to or a defect has been discovered in or on any ship which is not a Hong Kong ship and which is for the time being in the waters of Hong Kong, and the accident or defect is such as to affect the integrity of the ship or the efficiency or completeness of its equipment, the owner or (if he fails to do so) the master shall make a report immediately to the Director of Marine. |
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Last revision date : 17 September 2008 |