1986 Ed.]

Merchant Shipping

[CAP. 281

33

(a) the standards of competency to be attained and other conditions to be satisfied (subject to any exceptions allowed by or under the rules) by candidates for any examination conducted under subsection (1);

(b) the procedure for and the method of conducting any such examination;

(c) the subjects to be taken at any such examination for the manner in which those subjects are to be specified;

(d) fees and forms in relation to any such examination; and (e) the method of granting certificates of competency and copies of such certificates.

(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of the appropriate charge, provide a copy of the rules to any person who applies to him in that behalf.

(Added, 73 of 1974, s. 5)

95. (1) Every trawling master, owner and agent shall comply with—

Application of other provisions of the Ordinance to trawlers.

(a) section 3(1)(a) as if the trawler were a ship trading in or from the waters of the Colony; Hong Kong

(b) Part III as to all matters relating to the engagement and discharge of crew;

(c) Part V as to the provision of medicines and medical stores on the appropriate scale as if the trawler were proceeding to a place outside the Colony; Hong Kong

(d) Part VII and the rules and regulations for vessels of the types to which such Part applies made by the Minister under section 427 of the principal Act, as amended by section 2 of the Merchant Shipping (Safety Convention) Act 1949:

Provided that the Director may in individual cases by notice in writing permit such relaxations of such rules and regulations as are deemed necessary by him.

(2) Any seaman lawfully engaged to serve in any trawler either on a voyage agreement or on a running agreement, and any apprentice or boy lawfully indentured in the sea-fishing service, shall be subject to the provisions of Part IV relating to desertion and other offences. In addition, for the offence of smuggling, that is to say for any act of smuggling of which any member of a crew is convicted and which causes loss or damage to the master or owner or agent, he shall be liable to forfeit a sum sufficient to reimburse that loss or damage.

(3) A master of a trawler shall be liable to punishment for the offences of desertion, absence without leave, wrongfully quitting the vessel, wilful damage, and smuggling, as if he were a seaman.

(1949 c. 43.)

Pr. Act, s. 376(1).

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