Appeal against

certain decisions of Authority,

40

of any seaman supplied by the licensed company for service in a foreign-going ship:

(e) if any person employed by the licensed company, by himself or by or in conjunction with any other person, has corruptly solicited or received, or agreed to receive, for himself or for any other person, any gift, loan, fee, reward or advantage what- soever as an inducement to, or reward for, or otherwise on account of any person employed by the licensed company doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the licensed crew department was concerned; or

() if any seaman has been supplied by the licensed company for service in any foreign-going ship other than such a ship owned, chartered or managed by the licensed company or by a person. approved by the Authority, in the case of the licensed company. for the purposes of subsection (1) of section 55.

(2) Whenever the Authority cancels any licence granted under section 47, he shall forthwith give to the company notice in writing of the cancellation, together with a statement of the ground on which the licence was cancelled, and the cancellation shall take effect upon the expiry of a period of twenty-eight days after the giving of such notice.

may-

$4 (1) Any company aggrieved by-

(0) a refusal of the Authority to grant or renew a licence under

section 47;

(b) any condition imposed by the Authority under subsection (3)

of section 47 on the grant or renewal of any such licence: (e) a refusal of the Authority to approve any person, in the case of that company, for the purposes of subsection (1) of section 55; or

(d) the cancellation of its licence under section 47.

() in the first-mentioned case, within twenty-eight days after the

giving of the notice under section $1;

(1) in the second-mentioned case, within twenty-eight days after

the grant or renewal of the licence;

(ii) in the third-mentioned case, within twenty-eight days after the giving of the notice under subsection (3) of section 55; or (iv) in the fourth-mentioned case, within twenty-eight days after

the giving of the notice under subsection (2) of section 53.

or within such further period as the Governor in Council may allow in any such case, appeal by way of petition to the Governor in Council.

41

(2) Upon any such appeal, the Governor in Council may confirm, reverse or vary the decision of the Authority and may exercise any power which the Authority might have exercised.

sarvice in

55. (D) A licensed company may supply seamen for service in Restriction foreign-going ships that the company owns, charters or manages or for ships for service in foreign-going ships that are owned, chartered or managed by which such other persons as the Authority may think fit to approve on the licensed crew grant of the licence and thereafter whenever the licence is renewed.

(2) Without prejudice to the discretion conferred on the Authority with respect to the approval of persons for the purposes of subsection (1), the Authority may refuse to approve any person unless he is satisfied that the terms on which scamen are engaged for service in all foreign- going ships that he owns, charters or manages are such as to induce seamen to continue to serve in such ships.

(3) Where the Authority refuses to approve any person for the purposes of subsection (1), he shall give notice in writing thereof to the licensed company.

department may supply

Réammen.

seamon by

56. (1) Save as provided in subsection (3), a seaman shall not be Restriction on supplied by a licensed company for service in a foreign-going ship unless supply of his name appears in the crew department list kept in the licensed crew licensed department maintained by such company.

company.

(2) After the Superintendent has given notice in writing to a licensed company under subsection (4) of section 18 or subsection (4) of section 31 that the registration of a seaman whose name appears in Part IV of the register in respect of the licensed company has been suspended or suspended for a further period, as the case may be, the licensed crew department maintained by such company shall not supply that scaman for service in a foreign-going ship at any time while his registration continues to be suspended.

(3) If, in any case of emergency-

(0) a suitable seaman whose name appears in the crew department list kept in the licensed crew department is not available; and (b) the Seamen's Recruiting Office is closed at the time the seaman

comes to be supplied; and

(c) the ship would be delayed if the recruitment or supply of the seaman were postponed until the time when seamen may next be recruited or engaged at or through the Seamen's Recruiting Office.

a licensed company may, notwithstanding that the name of the scaman does not appear in the crew department list kept in the licensed crew department maintained by such company, supply for service in a foreign-going ship a seaman who has been recruited otherwise than

Share This Page