1965-HKRS30-8-55_Part04 — Page 6

Citation and com- Biencement.

(17 of 1963),

Interpreta. tion.

2

MERCHANT SHIPPING ORDINANCE 1953.

(No. 14 of 1953).

MERCHANT SHIPPING (EXAMINATIONS) RULES 1965.

In exercise of the powers conferred by section 6 of the Merchant Shipping Ordinance 1953, the Governor in Council has made the following rules--

1. These rules may be cited as the Merchant Shipping (Examina- tions) Rules 1965, and shall come into operation on the day appointed for the commencement of the Merchant Shipping (Amendment) Ordin- ance 1965.

2. In these rules, unless the context otherwise requires- "certificate of competency" means a certificate of competency as Master, Mate or Second Mate of a foreign-going steamship and as Trawling Master and Trawling Master (Limited);

“day of examination" means the day upon which any examination in

question commences;

“examiner" means a person appointed to be an Examiner of Masters

and Mates pursuant to the provisions of rule 3:

(L.N. 86/65). "fee" means the appropriate fee prescribed in the Merchant Shipping

(Fees) Regulations 1965;

Appointment

"foreign-going", when used in relation to a certificate of competency, means a Certificate of Competency as Master, Mate or Second Mate of a foreign-going steamship;

"Minister" means the Minister of Transport:

“Principal Examiner" means the Principal Examiner of Masters and

Mates appointed by the Minister.

3. The Governor may appoint any person, whom he considers of examiners. sufficiently qualified, to be an Examiner of Masters and Mates. Holding of 4. (1) Every examination for a certificate of competency shall be examinations. held at the Marine Department on such days as shall be notified

annually in the Gazette.

Application

for examina- tion.

(2) Other examinations shall be held by arrangement with the Director.

5. (1) No application for any examination under these regula. tions will be accepted unless it is made on a form to be obtained by the applicant from the Director and submitted to an examiner together with the prescribed fee; and in the case of any application for exami nation for a certificate of competency as Master, Mate or Second Mate. unless it is submitted in duplicate.

(2) No application for examination under these regulations will be accepted unless it is accompanied by such evidence as the Director may require regarding the applicant's qualification to sit for the examination in question in accordance with the rules set out in the appropriate Schedules.

(3) No applicant shall be admitted to any examination unless he satisfies the Director that he is qualified to be admitted thereto in accordance with the rules set out in the appropriate Schedules.

(4) No application for examination for any certificate of compe- teocy will be accepted unless it is submitted to an examiner not less than three days before the day of examination.

(5) No application for examination for a certificate of competency

as Master or Mate will be accepted from any alien.

Schedules.

6. No candidate shall be eligible for examination for any certifi- Misconduct. cate of competency, who-

(a) has committed any offence punishable under section 7 of the

Ordinance,

(6) has committed any offence punishable under the Prevention of (Cap. 215).

Corruption Ordinance in relation to any examination for a certificate of competency or in relation to any such certificate,

(c) having signed articles, has neglected to join his ship or who, after joining, has deserted from his ship, or who has been found guilty by the master of any ship or by any other tribunal of gross misconduct on board such ship, or

(d) has been discharged from any ship with a certificate of dis- charge endorsed otherwise than “Very Good" in respect of both conduct and ability,

until the expiration of such period, not exceeding two years, as the Director shall think fit.

7 (1) No candidate shall be eligible for examination for any Physical certificate of competency who is afflicted with deafness, impediment of disability. speech or other physical or mental infirmity such as, in the opinion of the examiner conducting the examination in question, would render him incapable of adequately discharging the ordinary seagoing duties in respect of which the certificate is required, or who has not passed the appropriate sight tests prescribed in the Fifth Schedule.

(2) If during the course of any examination for a certificate of competency the examiner is of the opinion that any candidate is afflicted in any manner specified in paragraph (1), he shall not permit such candidate to complete the examination.

Finh Schedule.