1966-HKRS29-8-33_Part01 — Page 19

Majority decision to he decision of Board of Reference with certain exceptions.

Determina- Lion of

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(6) Any deposition purporting to be signed by the magistrate or British consular officer before whom it was made shall be deemed to have been so signed until the contrary is proved.

(7) Any entry in the official log book kept in any ship, or in any similar document, purporting to be signed by the master and another member of the crew shall be deemed to have been so signed until the contrary is proved, and any date and time purporting to be the date on and time at which any such entry was made and signed shall be deemed to be the date on and time at which the same was made and signed until the contrary is proved.

(8) Any copy of any entry in the official log book kept in any ship, or in any similar document, purporting to be certified to be a truc copy by the superintendent of a mercantile marine office in any part of the Commonwealth or by a British consular officer shall be deemed to have been so certified until the contrary is proved.

(9) Subject to the provisions of subscotions (4), (5), (6), (7) and (8), a Board of Reference may receive and consider such evidence as it thinks fit, notwithstanding that the evidence would not be admissible in the courts of the Colony under the law relating to evidence.

25. Save as provided in sections 26, 28 and 29, in the event of a difference between the members of a Board of Reference on any malter arising in any proceedings before the Board of Reference on an appeal under section 20 by a seaman or a case referred by the Authority under section 21 to the Board of Reference, the decision shall be taken by the votes of the majority.

26. (1) If, on the hearing of an appeal under section 20 by a seaman on the ground that he disputes the ground on which bis section 20 by registration was suspended by the Superintendent, the Board of

Reference is unanimously satisfied, as the case may be, that-

appeal under

5.

(a) after the commencement of this Ordinance, the seaman has

deserted his ship, in the Colony or elsewhere;

(b) after the commencement of this Ordinance, the seaman has been convicted in the Colony or elsewhere of any offence of such a nature as to render it undesirable that the seaman should continue to serve in foreign-going ships:

(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 scaman has been convicted of such offence; (d) without reasonable excuse, the seaman has 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

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(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 Board of Reference shall dismiss the appeal.

(2) If on the hearing of any such appeal the Board of Reference is not unanimously satisfied as to the relevant ground specified in sub- section. (1), the Board of Reference shall direct the Superintendent to withdraw the suspension of the seaman's registration.

(3) On an appeal under section 20 by a seaman on the ground that the period for which his registration was suspended by the Superintend- ent is excessive, the Board of Reference may confirm the decision of the Superintendent or direct that the seaman's registration shall be sus- pended under paragraph (1) of subsection (1) of section 18 for such shorter period as it thinks fit

(4) In calculating the period of fifteen months for the purposes of paragraph (e) of subsection (1), no account shall be taken of~

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

(6) any period during which the registration of the seaman was suspended under paragraph (0) or (1) of subsection (1) of section 18 or suspended for a further period under subsection (1) of section 29:

(c) any period during which the seaman was unable, to the satis- faction of the Board of Reference, to attend at the Seamen's Recruiting 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 Board of Reference considers no

account ought to be taken.

decision of

27. (1) As soon as practicable, the Authority shall serve on the Seaman to be scaman by whom the appeal was made a statement in writing of the notified of decision of the Board of Reference on an appeal under section 20, in- cluding, in the case of an appeal under that section by a seaman on the ground that he disputes the ground on which his registration was sus- pended by the Superintendent, its findings of fact and the evidence in support thereof.

Board of Reference on appeal under section 20, and notice to be given to liccused

Store Officer

(2) Where, pursuant to a direction of a Board of Reference given company and under subsection (2) of section 26, the Superintendent withdraws the Deputy Naval suspension of the registration of a seaman whose name appears in in certain Part IV of the register, whether or not the name of the seaman also cases.