THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1891.
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"Authority" shall mean the Governor, Lieutenant-Governor, Administrator, Head of the Government, Minister, Board, Body, or Corporation of or in any British Possession for the time being authorised by the Legislature or Legislative authority of such Possession to grant Colonial Certificates of Competency. Certificate" shall mean a Certificate of Competency.
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REGULATIONS. Form of Certificate.
1. A Colonial Certificate of Competency shall be on parchment, and as nearly as possible similar in shape and form to the corresponding Certificate of Competency for the Foreign Trade granted by the Board of Trade under the Acts relating to Merchant Shipping.
Name of Possession to be inserted.
2. A Colonial Certificate of Competency shall have the name of the British Possession in which the same is granted, inserted prominently on its face and back.
Certificates to be numbered consecutively.
3. The Colonial Certificates of Competency granted in each British Possession shall be numbered in consecutive order.
Lists of Certificates granted, cancelled, &c., to be sent to Registrar General of Seamen.
4. The Authority in each British Possession shall furnish the Registrar General of Seamen in London, from time to time, with accurate lists of all such Colonial Certificates of Competency as may be granted therein or as may for any cause whatsoever be cancelled, suspended, renewed, or re-issued; and shall also furnish him with duplicates of the applications for examination made by the persons to whom such certificates are granted.
Certificates to be granted only upon proof of service at sea.
5. A Colonial Certificate of Competency shall be granted only upon proof that the previous service at sea of the person applying for the same has been such as is required by the regulations for the time being in force in the United Kingdom with respect to certificates of the like grade.
Certificates of Competency granted contrary to this regulation, or upon any false, incorrect or insufficient proof, certifi- cate, or report of service, qualification, conduct, or character shall be regarded as improperly granted.
Certificates not to be granted when former are cancelled.
6. A Colonial Certificate of Competency shall not be granted to any person who may have had a certificate, whether granted by the Board of Trade or by the Authority of a British Possession, cancelled or suspended under the provisions of the said Acts or of any Act or Ordinance for the time being in force in any part of Her Majesty's dominions, unless-
(1.) in accordance with Regulation No. 7;
(ii) or the same is a certificate of a lower grade than the one so cancelled or suspended, and is issued upon the recom-
mendation of the court or Authority which cancelled or suspended the original certificate;
(iii.) or the period of suspension has expired;
(iv.) or intimation has been received from the Board of Trade, or the Authority by whom the cancelled or suspended certificate was originally granted, to the effect that no objectiou to the grant of such Colonial Certificate is known to exist. Before a Certificate is returned in accordance with sub-section (iii.) any Certificate which may have been granted tem- porarily or pending the suspension must be delivered up and it shall be returned to the authority by whom it was granted. Colonial Certificates of Competency granted contrary to this regulation shall be regarded as improperly granted.
Certificates which may be granted after a Certificate has been cancelled or suspended.
7. (1) It shall be lawful for the Governor or person administering the Government of the British Possession in which a Certificate has been cancelled or suspended if, after full investigation of all the circumstances, he thinks the justice of the case requires it;
(a.) If the Certificate was granted in the Colony, to return the Certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to graut or request the Authority of the Possession to grant a Certificate of the same or any lower grade in place of the Certificate which has been cancelled or suspended. (b.) If the cancelled or suspended Certificate was granted by the authority of another Colony, to request such authority to return the Certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to grant a Certificate of the same or any lower grade in place of the Certificate which has been cancelled or suspended.
(c.) If in the opinion of such Governor or person administering the Government of the British Possession the justice of the case requires the issue of a Colonial Certificate without delay to the person whose Certificate has been can- celled or suspended, the Governor or person administering the Government aforesaid (in addition to acting upon sub-section of this regulation) to issue, or request the authority in such British Possession to issue, a Certificate of the same or any lower grade in place of the Certificate which has been cancelled or suspended, which sub- stituted Certificate is to be in force for such limited period as such Governor or person administering as aforesaid shall in that behalf direct and no longer.
(d.) If the cancelled or suspended Certificate was granted by the Board of Trade, to issue or request the authority of the Possession to issue a Colonial Certificate of the same or any lower grade in place of the cancelled or suspended Certificate, and such substituted Certificate is to be in force for such limited period as such Governor or person administering as aforesaid shall in that behalf direct and no longer; and the Governor or person aforesaid shall also cause the Board of Trade to be informed of his act.
(2.) If a Colonial Certificate is cancelled or suspended in the United Kingdom the Board of Trade may, if in their opinion the justice of the case requires it, return or request the authority by whom such Certificate was granted to return any Certificate which has been cancelled or suspended, or shorten or request such authority to shorten the time for which it was suspended, or request such authority to issue a Certificate of the same or any lower grade in place of the Certificate which has been cancelled or suspended.
(3.) Whenever the authority by whom a cancelled or suspended Certificate was originally issued is requested by the Governor or person administering the Government of a British Possession in accordance with Section (1) of this Regula- tion, or by the Board of Trade, in accordance with Section (2) of this Regulation, to return any Certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to issue a Certificate of the same or any lower grade in place of any Certificate which has been so cancelled or suspended, the authority so requested as aforesaid shall forthwith return any Certificate which has been cancelled or suspended or shorten the time for which it was suspended, or issue a Certificate accordingly (as the case may be).