Procedure on
ethergency
engagement of seaman
34
科
(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, at the time a seaman who is being engaged for service in a foreign-going ship pursuant to subsection (8) of section 34 signs the articles of agreement for service in that ship or other agreement for service therein, the emergency 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 or the master of the ship in accordance with subsection (2), then-
(a) if the articles of agreement or other agreement for service were signed in the presence of the Superintendent of the Mercantile Marine Office or the consular officer, 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; and
(5) if the articles of agreement or other agreement for service were not signed in the presence of the Superintendent of the Mercantile Marine Office or the consular officer, the master of the ship shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.
(6) In the event of a contravention of subsection (3), the ownET OF charterer of the ship, and the agent of the owner or charterer, shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.
(7) A seaman who-
(a) without reasonable excuse, fails or refuses to deliver the emer- gency engagement card to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, in accord- ance with subsection (2); or
(b) fails or refuses to pay to the master, owner or charterer of the ship, or the agent of the master, owner or charterer, the fee of four dollars in accordance with paragraph (6) of subsection (2), shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred dollars.
46. (1) Whenever a seaman is to be engaged for service in a Royal Fleet Auxiliary ship pursuant to subsection (8) of section 34, the Deputy Naval Store Officer shall complete in respect of that seamon an emergency engagement card in the prescribed form so as to contain tion 34(8) by the particulars required thereby, and, in the discretion of the Deputy Deputy Naval Store Officer. Naval Store Officer, the card may be retained by him or delivered to
the seaman.
under sec-
35
(2) When such seaman signs the articles of agreement for service in that ship or coters into any other agreement for service therein—
(a) there shall be produced-
(1) to the Superintendent of the Mercantile Marine Office; or (i) if the articles of agreement or other agreement for service are not signed in the presence of the Superintendent of the Mercantile Marine Office, to the master of the ship,
at the time the seaman signs the articles of agreement or other agreement for service-
(iii) the emergency engagement card completed in respect of the scaman pursuant to subsection (1); and
(iv) the seaman's Hong Kong seaman's discharge book; and (5) the seaman shall pay to the Deputy Naval Store Officer a fee
of four dollars,
and thereafter, if the emergency engagement card was delivered to the seaman under subsection (1), the seaman shall return it to the Deputy Naval Store Officer.
(3) As soon as practicable after such seaman 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 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 engagement 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.
(4) A notice delivered to the Superintendent pursuant to sub- paragraph (U) of paragraph (a) of subsection (3) may be delivered in respect of more than one seaman.
(5) A seaman 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
(6) 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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