Control of recruliment. ENGAREMENI and supply of seamen.
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register, whether or not the name of the seaman also appears in Part 1 of the register, the Superintendent withdraws the suspension of the registration of the seaman.
the Superintendent shall give notice in writing thereof to every person in respect of whom the name of the seaman appears in Part IV of the register.
PART V.
CONTROL OF RECRUITMENT, ENGAGEMENT AND SUPPLY OF SEAMEN FOR
SERVICU IN FOREIGN-GOING SHIPS, AND PROCEDURE IN AND
IN CONNEXION WITH SUPPLY OF SEAMEN BY SEAMEN'S RECRUTTING OFFICE.
34. (1) Save as provided in subsection (8) of this section or subsection (1) of section 40 or subsection (3) of section 56 or subsection (3) of section 74 or save with the permission of the Superintendent, a person shall not recruit or engage any seaman for service in a foreign- going ship, other than a seaman supplied in accordance with the provisions of this Ondinance by a licensed company or the Deputy Naval Store Officer, except at or through the Seamen's Recruiting Office.
(2) Save as provided in subsection (8) of this section or subsection. (3) of section 56 or subsection (3) of section 74, a person, other than a licensed company or the Deputy Naval Store Officer, shall not supply any seaman for service in a foreign-going ship.
(3) A person shall not receive or accept for service in a foreign- going ship any seaman if that person knows that the seaman has been recruited, engaged or supplied in contravention of this section.
(4) The master of a foreign-going ship shall not carry to sea any seaman if he knows that the seaman has been recruited, engaged or supplied in contravention of this section.
(5) Without prejudice to subsection (4), the master of a foreign- going ship shall not, save with the permission of the Superintendent, carry to sea ary seaman, other than-
(a) a seaman who has been recruited or engaged pursuant to and
in accordance with subsection (8);
(6) a seaman who has been re-engaged for service under and in
accordance with section 40 or 64; or
(c) a seaman who has been supplied for service in accordance with the provisions of this Ordinance by a licensed company or the Deputy Naval Store Officer,
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who, having joined the ship in the Colony, has been recruited or engaged otherwise than at or through the Seamen's Recruiting Office,
(6) Any person who contravenes any of the provisions of subsec- tion (1), (2) or (3) shall be guilty of an offence and shall be liable on summary conviction-
(a) in the case of a person other than a company, to a fine of twenty-five thousand dollars and to imprisonment for two years; or
(b) in the case of a company, to a fine of fifty thousand dollars.
(7) In the event of a contravention of subsection (4) or (5), the master and the owner or charterer of the ship, and the agent of the master, owner or charterer, shall each be guilty of an offence and shall be liable on summary conviction-
(4) in the case of a person other than a company, to a fine of twenty-five thousand dollars and to imprisonment for two years; or
(6) in the case of a company, to a fine of fifty thousand dollars.
(8) In any case of emergency, a seaman whose name appears in Part I of the register and whose registration is not for the time being suspended under paragraph (1) or (ii) of subsection (1) of section 18 or suspended for a further period under subsection (1) of section 29 may be recruited or engaged for service in a foreign-going ship otherwise than at or through the Seamen's Recruiting Office or supplied for such service by any person if
(a) the Seamen's Recruiting Office is closed at the time the seaman
comes to be recruited, engaged or supplied; and
(b) the ship would be delayed if the recruitment or engagement of the seaman were postponed until the time when seamen may next be recruited or engaged at or through the Seamen's Recruiting Office.
(9) Where, in proceedings for an offence under this section, the defendant alleges that the case falls within subsection (8), it shall be on the defendant to prove that-
(a) the case was one of emergency; and
(b) the ship would have been delayed if the recruitment or engage- ment of the seaman had been postponed until the time when seamen might next have been recruited or engaged at or through the Seamen's Recruiting Office.