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(3) As soon as practicable after a seaman to whom an emergency engagement card has been issued under subsection (1) has been engaged for service in that ship, the owner or charterer of the ship, or the agent of the owner or charterer, shall at the same time-
(a) deliver to the Superintendent-
the emergency engagement card issued to the seaman under subsection (1); and
(i) a notice in the prescribed form containing such partic- ulars with respect to the engagement of the seaman as may be required thereby and, where the seaman was permitted under section 37 to offer himself for service in that ship at the request of the owner or charterer thereof or the agent of the owner of charterer, a statement of the reason for such request; and
(b) pay to the Superintendent in respect of the seaman a fee of eight dollars or, if pursuant to a requirement of the Super- intendent under subsection (1) the seaman has paid to the Superintendent the fee of four dollars, a fee of four dollars.
(4) A notice delivered to the Superintendent pursuant to sub- paragraph (ii) of paragraph (a) of subsection (3) may be delivered in respect of more than one seaman.
(5) If, at the time a seaman to whom an emergency engagement card has been issued under subsection (1) signs the articles of agreement for service in that ship or other agreement for service therein, the emergency engagement card and the seaman's Hong Kong seaman's discharge book are not produced to the Superintendent of the Mercantile Marine Office or the consular officer or the master of the ship in accord- ance with subsection (2), then-
(a) if the articles of agreement or other agreement for service were signed in the presence of the Superintendent of the Mercantile Marine Office or the consular officer, the master (if he was present at the time the articles of agreement or other agreement were signed) 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 to a fine of five thousand dollars; and
(b) if the articles of agreement or other agreement for service were not signed in the presence of the Superintendent of the Mercantile Marine Office or the consular officer, the master of the ship shall be guilty of an offence and shall be Hable on summary conviction to a line of five thousand dollars.
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(6) In the event of a contravention of subsection (3), the owner or charterer of the ship, and the agent of the owner or charterer, shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.
(7) A seaman who-
(a) without reasonable excuse, fails or refuses to deliver the emer- gency engagement card to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, in accord- ance with subsection (2); or
(b) fails or refuses to pay to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, the fee of four dollars in accordance with paragraph (b) of subsection (2), shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred dollars.
(8) If a seaman to whom an emergency engagement card has been issued under subsection (1) is not for any reason engaged for service in that ship, he shall forthwith return the emergency engagement card to the Superintendent and thereupon, if pursuant to a requirement of the Superintendent under subsection (1) the seaman has paid the fee of four dollars, the same shall be refunded to him.
intendent
44. (1) When under section 37 the Superintendent permits a sca- Procedure man to offer himself for service in a Royal Fleet Auxiliary ship, he shall where Super- issue the seaman with an emergency engagement card in the prescribed permits form, and thereupon the seaman sball. if so required by the Super- intendent, pay to him a fee of four dollars.
seaman to
offer himself for service in » Royal Fleet Auxiliary
(2) When a seaman to whom an emergency engagement card has been issued under subsection (1) signs the articles of agreement for ship. service in that ship or enters into any other agreement for service therein-
(a) there shall be produced-
(i) to the Superintendent of the Mercantile Marine Office; or (i) if the articles of agreement or other agreement for service are not signed by the seaman in the presence of the Superintendent of the Mercantile Marine Office, to the master of the ship.
at the time the seaman signs the articles of agreement or other agreement for service-
(iii) the emergency engagement card issued to the seaman under subsection (1); and
(iv) the seaman's Hong Kong seaman's discharge book; and