Amendment of section 22.
(d) the seaman bas, while engaged in service with foreign-going ships, been guilty of misconduct of such a serious nature as to render it desirable that he be suspended temporarily from service on, or should cease to serve on, such ships, whether or not such misconduct constituted an offence, and, if the misconduct did constitute an offence, whether or not the seaman has been convicted of such offence;
OF
(e) without reasonable excuse, the seaman has failed to comply with any order, direction, requirement or request made, given or issued under or for the pur- poses of this Ordinance by the Superintendent or any other public officer,
the Superintendent may-
(i) suspend the seaman's registration for any period, not exceeding, in the case of desertion, twenty-four months or, in any other case, twelve months; or (ii) suspend the seaman's registration and forthwith
refer the case to the Authority.
(IA) The period during which the seaman's registration is suspended under paragraph (1) of subsection (1) shall begin to run from the date when the seaman first appears before the Superintendent for the purpose of making representation in the matter after he has been served with a notice under subsection (2) of section 17A or under subsection (1) of section 19.
(2) Notwithstanding subsection (1), the Superintendent may in any case, in lieu of exercising any of the powers con- ferred on him by that subsection, issue the seaman with a caution in writing to be of good behaviour in the future.".
15. Section 22 of the principal Ordinance is amended-
in subsection (1). by inserting after "Superintendent" the following-
(2)
unless the Authority has previously directed other- wise."; and
(b) in subsection (2), by inserting after "Superintendent" the
following-
*
unless the Authority has previously directed that the proceedings shall continue.”:
(c) by adding, after subsection (2), the following new sub-
section-
**(3) If the bearing of an appeal under section 20 or of a case referred by the Authority under section 21 is not commenced within the period specified in subsection (1) or (2), as the case may be. the Authority, if he is salified that the failure to com- mence the hearing within the required time was— (a) caused by failure to serve notice on the seaman under subsection (3) of section 20 or section 21, as the case may be, despite reasonable attempts to do so; or
(b) the result of an adjournment or postpone- ment of the hearing at the request of or due in any way to the seaman,
may extend, and may further extend, the time within which the hearing shall be commenced for such period as he thinks fit.".
16. Section 23 of the principal Ordinance is repealed and replaced by the following-
"Hearings
in ebycoca of seaman.
23. A. Board of Reference may proceed with a hearing notwithstanding that the seaman is not present-
(a) in the case of an appeal under section 20, if the Board of Reference is satisfied that the notice required to be served on the seamau under subsection (3) of that section was duly served on him:
(b) in the case of a reference to it under section 21. if the Board of Reference is satisfied that the notice required to be served on the seaman under that section was duly served by delivering it to him personally.".
17. Section 24 of the principal Ordinance is amended-
(a)
in subsection (4), by deleting "British", in both places where it occurs, and substituting the following-
"duly accredited";
(b) in subsection (5)—–—
(i) by deleting "British" and substituting the following-
"duly accredited"; and
Repeal and replacement of section 23,
Amendment of Section 24.