1966-HKRS29-8-33_Part01 — Page 24

Authenticated Laws 確真本香港法例 All

Re<ngugs ment of Beaba

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(b) the seaman's Hong Kong seaman's discharge book,

and thereafter the seaman sbull deliver the engagement card to the master, owner or charterer of the ship or the agent of the master. owner or charterer.

(2) If, at the time such a seaman who has been selected for service in a foreign-going ship, other than a Royal Fleet Auxiliary ship, sígas the articles of agreement for service in that ship or enters into any other agreement (including an agreement known as a transit agreement) for service therein, the engagement card and the seaman's Hong Kong seaman's discharge book are not produced to the Superintendent of the Mercantile Marine Office or the consular officer in accordance with subsection (1), the master (if he was present at the time the articles of agreement or other agreement were signed) and the owner or charterer of the ship, and the agent of the master, owner or charterer, shall cach be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.

(3) A scaman who without reasonable excuse fails or refuses to deliver the engagement card to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, in accordance with subsection (1) shall be guilty of an offence and shall be liable on sum- mary conviction to a fine of five hundred dollars.

40. (1) If, at any time before a seaman whose name appears in Part I of the register is discharged from a foreign-going ship on the termination of his agreement, the master, owner or charterer of that ship, or the agent of the master, owner or charterer, has notified the Superintendent, by delivering to him a re-engagement card in the pre- scribed form containing such particulars as may be required thereby, that the seaman is to be re-engaged for service in that ship, then, within forty-five days after his discharge from that ship, the seaman may be re-engaged for service therein otherwise than at or through the Seamen's Recruiting Office if, at the time he is re-engaged, his name appears in Part 1 of the register and his registration is not for the time being sus- pended under paragraph (i) or (i) of subsection (1) of section 18 or suspended for a further period under subsection (1) of section 29.

(2) Where a re-engagement card is delivered to the Superintendent pursuant to subsection (1), the Superintendent shall enter therein the date on which he received the same and return it to the master, owner or charterer of the ship or the agent of the master, owner or charterer, who may in his discretion retain it or deliver it to the seaman.

(3) When a seaman who is being re-engaged for service in a foreign-going ship pursuant to subsection (1) signs the articles of agree-

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ment for service in that ship or enters into any other agreement (includ- ing an agreement known as a transit agreement) for service therein, there shall be produced to the Superintendent of the Mercantile Marine Office or the consular officer, as the case may be, at the time the sea- man signs the articles of agreement or other agreement for service-

(a) the re-engagement card delivered to the Superintendent pur-

suant to subsection (1); and

(b) the seaman's Hong Kong seaman's discharge book, and thereafter, if the re-engagement card was delivered to the seaman under subsection (2), the seaman shall deliver it to the master, owner or charterer of the ship or the agent of the master, owner or charterer.

(4) If, at the time a seaman who is being re-engaged for service in a foreign-going ship pursuant to subsection (1) signs the articles of agreement for service in that ship or enters into any other agreement (including an agreement known as a transit agreement) for service there- in, the re-engagement card and the seaman's Hong Kong seaman's discharge book are not produced to the Superintendent of the Mercantile Marine Office or the consular officer in accordance with subsection (3), the master (if he was present at the time the articles of agreement or other agreement were signed) and the owner or charterer of the ship. and the agent of the master, owner or charterer, shall each be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.

(5) A seaman who without reasonable excuse fails or refuses to deliver the re-engagement card to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, in accordance with subsection (3) shall be guilty of an offence and shall be liable on sum- mary conviction to a fine of five hundred dollars.

and re-

Superintend

41. (1) When all the seamen who have been selected for service Retum of in a foreign-going ship, other than a Royal Fleet Auxiliary ship, after engagement they have been supplied for selection for service in that ship by the engagement Seamen's Recruiting Office or after they have offered themselves for cards to selection for such service when permitted to do so by the Superintcudent ent and under section 37 have been engaged for such service, and all the seamen, payment of any, being re-engaged for service in that ship pursuant to subsection fees by ship- (1) of section 40 have been re-engaged, the owner or charterer of the ship, or the agent of the owner or charterer, shall, as soon as practicable thereafter and at the same time—

if

(a) deliver to the Superintendent-

(1) the engagement card issued under subsection (3) of section 38 to cach such seanian engaged for service in that ship:

owner, etc.

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