1966-HKRS29-8-33_Part01 — Page 34

Authenticated Laws 確真本香港法例 All

Procedure on supply of scenan by liceased company, cld.. other- wise than in emergency,

Re-engage.

ment of Sea Trien

through

licensed crew department.

46

(2) A licensed company may, before or after it has paid to the Superintendent the fee required to be paid by subsection (1), require any such seaman to pay to it, by way of a contribution to such fee, any sum not exceeding four dollars.

63. (1) Whenever a seaman whose name appears in the crew department list is supplied by a licensed company for service in a foreign-going ship, an engagement card in the prescribed form shall be completed in respect of that seaman so as to contain the particulars required thereby, and, in the discretion of the licensed company, the card may be retained by the company 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 (including an agreement known as a transit agreement) for service therein, there shall be pro- duced to the Superintendent of the Mercantile Marine Office or the consular officer, as the case may be, at the time the seaman signs the articles of agreement or other agreement for service-

(a) the engagement card completed in respect of the scaman

pursuant to subsection (1); and

(b) the seaman's Hong Kong seaman's discharge book, and thereafter, if the engagement card was delivered to the seaman under subsection (1), the seaman shall return it to the licensed company.

(3) If, at the time such seaman 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 therein, the engage- ment card and the seaman's Hong Kong scaman's discharge book are not produced to the Superintendent of the Mercantile Marine Office or the consular officer in accordance with subsection (2), the licensed company shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.

(4) A seaman who without reasonable excuse fails or refuses to return the engagement card to the licensed company in accordance with subsection (2) shall be guilty of an offence and shall be liable on sum- mary conviction to a fine of five hundred dollars.

64. (1) II, at any time before a seaman whose name appears in the crew department list kept in the licensed crew department main- tained by a licensed company is discharged on the termination of his agreement from a foreign-going ship for service in which the licensed crew department is permitted by section 55 to supply scamen, the licensed company has notified the Superintendent, by delivering to him a re-engagement card in the prescribed 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 with- out payment of any fee if, at the time he is re-engaged, the name of

the seaman appears in the crew department list and the Superintendent has not given notice in writing to the licensed company under subsec- tion (4) of section 18 or subsection (4) of section 31 that the registration of the seaman has been suspended or suspended for a further period, as the case may be.

(2) Where a re-engagement card is delivered to the Superintendent pursuant to subsection (1), the Superintendent shall mark thereon the date on which he received the same and return it to the licensed com- pany, which may, in its discretion, retain it or deliver it to the seaman.

(3) When a seaman who is being ro-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 therein, there shall be produced to the Superintendent of the Mercan- tile Marine Office or the consular officer, as the case may be, at the time the seaman 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 return it to the licensed company.

(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 therein, the re-engagement card and the seaman's Hong Kong sea- man's discharge book are not produced to the Superintendent of the Mercantile Marine Office or the consular officer in accordance with subsection (3), the licensed company shall 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 return the re-engagement card to the licensed company in accordance with subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of five hundred dollars.

deliver engagement

65. (1) When all the seamen supplied by a licensed company for Licensed service in a foreign-going ship have been engaged for such service, and company to all the seamen being re-engaged for service in that ship under subsec- tion (1) of section 64 have been re-engaged, the licensed company shall, as soon as practicable thereafter and at the same time-

(a) deliver to the Superintendent-

(1) the engagement card completed pursuant to subsection (1) of section 63 in respect of each such seaman engaged for service in that ship;

cards, etc.

to Super- Intendent and payment of fees.

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