1966-HKRS29-8-33_Part01 — Page 17

Authenticated Laws 確真本香港法例 All

12

(c) after the commencement of this Ordinance, the seaman has been guilty of misconduct on a ship of such a serious nature as to render it undesirable that the seaman should continue to serve in foreign-going ships, whether or not such misconduct constituted an offence, and, if it did constitute an offence, whether or not the seaman has been convicted of such offence: (d) without reasonable excuse, the seaman bas failed to comply with any order, direction, requirement or request made, given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer; or

(e) during any period of fifteen months during which the name of the seaman appeared at all times in Part I of the register, but did not at any time during such period appear in Part IV of the register, the seaman has neither been in service in a foreign-going ship nor been engaged for such service,

the Superintendent may-

(1) suspend the registration of the seaman for any period not ex-

ceeding six months; or

(ii) suspend the registration of the scaman and forthwith refer the

case to the Authority.

(2) In calculating the period of fifteen months for the purposes of paragraph (c) of subsection (1), no account shall be taken of—

(a) any days, not exceeding one hundred and eighty days altogether, on which the seaman takes a holiday of which notice was given to the Superintendent in accordance with subsection (5) of section 38;

(b) any period during which the registration of the seaman was suspended under paragraph () or (ii) of subsection (1) or suspended for a further period under subsection (I) of sec- tion 29:

(c) any period during which the seaman was unable, to the satis- faction of the Superintendent, to attend at the Seamen's Recruit- ing Office to be supplied for selection for service in a foreign- going ship by reason of illness: or

(d) any other period of which the Superintendent, after such inquiry as he thinks fit upon the application of the seaman at any time before or after the expiry of the said period of fifteen months, considers no account ought to be taken.

(3) (a) The Superintendent shall serve on a seaman whose registra- tion has been suspended under paragraph (0) of subsection (1) notice that his registration has been suspended and of the period for which it was suspended, together with a statement of the ground on which it was suspended.

13

(6) The Superintendent shall serve on a seaman whose registration has been suspended under paragraph (ii) of subsection (3) notice-

(i) that his registration has been so suspendel, together with a statement of the ground on which it was suspended; and

(ii) that the case has been referred to the Authority. (4) Where under paragraph (5) or (ii) of subsection (3) the Super- intendent has suspended the registration of a scaman whose name appears in Part IV of the register, whether or not the name of the sea- man also appears in Part I of the register, he shall forthwith give notice in writing thereof to every person in respect of whom the name of the seaman appears in Part IV of the register, and-

(a) where the seaman's registration was suspended under paragraph () of subsection (1), such notice shall also specify the period for which his registration was suspended; and

(b) where the seaman's registration was suspended under paragraph (ii) of subsection (1), such notice shall also state that the case has been referred to the Autbority.

19. (1) Where the Superintendent considers that he may remove the name of a seaman from the register under subsection (1) of section 17, or suspend the registration of a seaman under paragraph (1) or (ii) of subsection (1) of section 18, he shall serve on the seaman notice thereof,

(2) Every such notice shall also—

(a) specify the ground on which the Superintendent considers that he may remove the name of the seaman from the register or suspend the seaman's registration, as the case may be; and

(b) specify a date and time at which the seaman may appear before the Superintendent for the purpose of making representations

in the matter.

Scaman to be notified of

intention to remove name

from register or to suspend registration.

20. (1) A seaman whose registration has been suspended by the Appeal Superintendent under paragraph (i) of subsection (1) of section 18 may appeal to the Authority-

gainst sus pension of scaman's

(a) on the ground that he disputes the ground on which his registration

registration was so suspended;

(b) on the ground that the period for which his registration was

so suspended is excessive; or

(c) on both of such grounds,

(2) An appeal under this section shall be made by delivering to the Authority, within one month after notice of the Superintendent's decision was served on the seaman în accordance with paragraph (a) of

under section 1801XD.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.