1966-HKRS29-8-33_Part01 — Page 30

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ing bouse commonly used by seamen or any business by which any such boardding house is or was carried on or any business engaged in the recruitment or supply of seamen; or

(ii) been employed in any such boarding house or business or by any company carrying on any such business; or () if, where the company applying for the grant or renewal of the licence does not own, charter or manage any foreign-going ships, the Authority intends, in exercise of the power conferred by section 55, not to approve any person, in the case of that company, for the purposes of subsection (1) of the said seo- tion $5.

(2) In addition to the grounds specified in subsection (1), the Authority may, after consultation with the Advisory Board, refuse to grant a licence under section 47-

(a) if the company applying for the licence has at any time engaged

in the recruitment or supply of seamen; or

(b) if in bis opinion the interests of seamen, or of scamen who would or might be recruited by the crew department in respect of which the licence is applied for, will best be served by re- fusing to grant the licence.

(3) In addition to the grounds specified in subsection (1), the Authority may, after consultation with the Advisory Board, refuse to renew a licence under section 47-

(a) if there is or has been a contravention of

() any of the provision of this Ordinance or any requirement of the Authority or the Superintendent under this Part; or

(ii) any condition imposed under subsection (3) of section 47 on the grant or renewal of the licence;

(6) if any person other than a member of the staff of the licensed company employed in the licensed crew department or an officer of the Seamen's Recruiting Office has taken any part whatsoever, or assisted in any way, in the recruitment or supply of any seamen supplied by the licensed company for service in a foreign-going ship:

(c) if any person employed by the licensed company, by himself or by or in conjunction with any other person, bas corruptly solicited or received, or agreed to receive, for himself or for any other person, any gift, loan, fee, reward or advantage whatsoever as an inducement to, or reward for, or otherwise on account of any person employed by the licensed company doing or forbearing to do anything in respect of any matter or transac- tion whatsoever, actual or proposed, in which the licensed crew department was concerned; or

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(d) if any scaman has been supplied by the licensed company for service in any foreign-going ship other than such a ship owned. chartered or managed by the licensed company or by a person approved by the Authority, in the case of the licensed company. for the purposes of subsection (L) of section 55.

51. Where the Authority refuses to grant or renew a licence under section 47, he shall give notice in writing thereof to the company apply ing for the grant or renewal thereof.

Notice of grant or

refusal to

renew licence.

52. If a licensed company does not intend to apply for the re- Licensed ocwal of its licence under section 47, notice thereof in writing shall be company to

notify Super- given to the Superintendent not less than three months before the intendent of expiry of the licence.

intention not to renew licence.

53. (1) A licence granted under section 47 may be cancelled by Cancellation

of licence. the Authority at any time, after consultation with the Advisory Board,

in any of the following cases, that is to say-

(a) if there is or has been a contravention of-

(i) any of the provisions of this Ordinance or any require ment of the Authority or the Superintendent under this Part; or () any condition imposed under subsection (3) of section 47 on the grant or renewal of the licence;

(b) if he is not satisfied that the person in charge of the licensed crew department is a fit and proper person to be in charge thereof;

(c) if any person who is or has been an officer or other employee of the licensed company, or any person who, notwithstanding that he is not or was not an officer or other employee of such company, controls, directs or manages or has controlled, directed or managed, or takes or has taken any part in the management of, the business of such company, hus at any time-

(f) owned, either wholly or together with other persons, or managed, or taken any part in the management of, any board- ing house commonly used by scamen or any business by which any such boarding house is or was carried on or any business engaged in the recruitment or supply of seamen; or

(ii) been employed in any such boarding house or business or by any company carrying on any such business;

(d) if any person other than a member of the staff of the licensed company employed in the licensed crew department or an officer of the Seamen's Recruiting Office bas taken any part whatsoever, or assisted in any way, in the recruitment or supply