1966-HKRS29-8-33_Part01 — Page 27

Authenticated Laws 確真本香港法例 All

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(b) the seaman shall pay to the Deputy Naval Store Officer a fes of four dollars, unless, pursuant to a requirement of the Super- intendent under subsection (1), such fee has been paid to the Superintendent,

and thereafter the seaman shall deliver the emergency engagement card to the Deputy Naval Store Officer.

(3) As soon as practicable after a seaman to whom an emergency engagement card has been issued under subsection (1) has been engaged for service in that ship, the Deputy Naval Store Officer shall, at the same time-

(a) deliver to the Superintendent-

the emergency engagement card issued to the seaman under subsection (1); and

(ii) a notice in the prescribed form containing such partic- ulars with respect to the engagement of the seaman as may be required thereby and, where the seaman was permitted under section 37 to offer himself for service in that ship at the request of the Deputy Naval Store Officer, a statement of the reason for such request; and

(b) pay to the Superintendent in respect of the seamen a fee of

eight dollars or, if pursuant to a requirement of the Super- intendent under subsection (1) the seaman has paid to the Superintendent the fee of four dollars, a fee of four dollars.

(4) A notice delivered to the Superintendent pursuant to sub- paragraph (ii) of paragraph (a) of subsection (3) may be delivered in respect of more than one seaman.

(5) If a seaman to whom an emergency engagement card has been issued under subsection (1) is not for any reason engaged for service in that ship, be shall forthwith return the emergency engagement card to the Superintendent and thereupon, if pursuant to a requirement of the Superintendent under subsection (1) the seaman has paid the fee of four dollars, the same shall be refunded to him.

(6) A scaman who-

(a) without reasonable excuse, fails or refuses to deliver the emer- gency engagement card to the Deputy Naval Store Officer in accordance with subsection (2); or

(b) fails or refuses to pay to the Deputy Naval Store Officer the fee of four dollars in accordance with paragraph (b) of sub- section (2),

shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred dollars.

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engagement

45. (1) Whenever a seaman is to be engaged for service in a Procedure on Foreign-going strip, other than a Royal Fleet Auxiliary ship, pursuant energency to subsection (8) of section 34, the owner or charterer of the ship, or of seaman the agent of the owner or charterer, shall complete in respect of that under sec- tion 34(8). seaman an emergency engagement card in the prescribed form so as to contain the particulars required thereby, and in the discretion of the owner or charterer, or the agent of the owner or charterer, the card may be retained by him or delivered to the seaman.

(2) When such seaman signs the articles of agreement for service in that ship or enters into any other agreement for service therain--

(a) there shall be produced-

(i) to the Superintendent of the Mercantile Marine Office or the consular officer, as the case may be; or

() if the articles of agreement or other agreement for service are not signed in the presence of the Superintendent of the Mercantile Marine Office or the consular officer, to the master of the ship,

at the time the seaman signs the articles of agreement or other agreement for service-

(ii) the emergency engagement card completed in respect of the seaman pursuant to subsection (1); and

(iv) the seaman's Hong Kong seaman's discharge book; and (6) the seaman shall pay to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, a fee of four dollars,

and thereafter, if the emergency engagement card was delivered to the scaman under subsection (1), the seaman shall deliver it to the master, owner or charterer of the ship or the agent of the master, owner or charterer.

(3) As soon as practicable after such seaman has been engaged for service in that ship, the owner or charterer of the ship, or the agent of the owner or charterer, shall at the same time-

(a) deliver to the Superintendent-

(i) the emergency engagement card completed in respect of the seaman pursuant to subsection (1); and

(ii) a notice in the prescribed form containing such partic- ulars with respect to the engagement of the seaman as may be required thereby and a statement of the reason for the engage- ment of the seaman pursuant to subsection (8) of section 34; and

(6) pay to the Superintendent in respect of the seaman a fee of

eight dollars.

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