1966-HKRS29-8-33_Part01 — Page 20

Determina- tion by Board of Reference of

cast referred to Authority

under section 17(3).

(Cap. 215).

Determina- tion by Board of

Reference of

case referred

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appears in Part 1 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.

(3) Where, on an appeal under section 20 by a seaman whose came appears in Part IV of the register, whether or not the name of the seaman also appears in Part I of the register, on the ground that the period for which his registration was suspended by the Superintend- ent is excessive, the Board of Reference directs that the seaman's registration shall be suspended for a shorter period, the Superintendent shall forthwith give notice in writing of the decision of the Board of Reference to every person in respect of whom the name of the seaman appears in Part IV of the register.

28. (1) If, on the hearing of a case referred to a Board of Reference by the Authority under section 21 following a reference of the case to the Authority by the Superintendent in accordance with subsection (3) of section 17, the Board of Reference is unanimously satisfied, as the case may be, that-

(a) after the commencement of this Ordinance, the seaman has been convicted in the Colony or elsewhere of any offence in- volving the import, export, sale or other dealing in or with, or possession of any dangerous drug; ot

(b) the seaman has been convicted-

(i) of an offence against subsection (2) of section 73; or (ii) of an offence against subsection (2) of section 3 of the Prevention of Corruption Ordinance in respect of any matter or transaction whatsoever, actual or proposed, in which the Seamen's Recruiting Office was concerned,

the Board of Reference may, subject to section 30, confirm the removal of the name of the seaman from the register.

(2) If on the hearing of any such case 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 restore the name of the seaman to the register.

(3) Notwithstanding that on the hearing of any such case the Board of Reference is unanimously satisfied as to the relevant ground specifted in subsection (1), the Board of Reference may direct the Superintendent to restore the name of the seaman to the register.

29. (1) If, on the hearing of a case referred to a Board of Reference by the Authority under section 21 following a reference of the case to the Authority by the Superintendent in accordance with paragraph (1) of subsection (1) of section 18, the Board of Reference

to Authority is unanimously satisfied, as the case may be, that-

under section

18(1)

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

deserted his ship, in the Colony or elsewhere;

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(6) 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 seaman 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

(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 may, subject to section 30–

(1) direct the Superintendent to remove the name of the seaman

from the register; or

(1) suspend the seaman's registration for such further period, not exceeding twelve months, as the Board of Reference thinks fit.

(2) If on the hearing of any such case 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) Notwithstanding that on the hearing of any such case the Board of Reference is unanimously satisfied as to the relevant ground specified in subsection (1), the Board of Reference may direct the Superintendent to withdraw the suspension of the seaman's registration.

(4) In calculating the period of fifteen months for the purpose 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 subsec- tion (5) of section 38;

(b) any period during which the registration of the seamno Was suspended under paragraph (1) or (u) of subsection (1) of section 18 or suspended for a further period under subsection (1) of this section;