1973-HKRS28-16-21_Part01 — Page 36

Addition of new sections

I7A and 17B.

(iv) by inserting, after paragraph (b), the following new paragraph-

"(e) it, within two years from the date on which a notice was served on the seaman under subsection (2) of section 17A, he has made no representation to the Superin- tendent.".

13. The principal Ordinance is amended by adding after section 17 the following new sections-

"Suspension for deser- lion or failure to join ship,

17A. (1) Whenever the Superintendent has reasonable grounds for believing that any seaman has. in Hong Kong or elsewhere.........

(a) deserted his ship: or

(b) neglected, or refused without reasonable cause, to join his ship or to proceed to sea in his ship,

the Superintendent shall forthwith suspend the sea- man's registration.

(2) Whenever a seaman's registration is suspend- ed under subsection (1), the Superintendent shall, as soon as it is practicable to do so, serve notice thereof on the seaman specifying-

(a) the ground on which his registration is

suspended; and

(b) the date and time at which the seaman may appear before the Superintendent for the purpose of making representations in the

matter.

(3) The Superintendent shall, if he has under subsection (1) suspended the registration of a seaman whose dame appears in Part IV of the register. whether or not the name of the seaman also appears in Part 1 of the register, forthwith give notice in writing thereof to every person in respect of whom the name of the seaman appears in Part IV of the register.

(4) The suspension under subsection (1) of a scaman's registration shall continue in effect until the Superintendent exercises, in relation to that seaman, any of the powers conferred on the Superintendent under subsection (1) or (2) of section 18.

Suspension

on medical grounds.

5

178. (1) The Superintendent may require any seaman, whose name appears on the register and whose registration is not for the time being suspended for any other reason, to undergo, within a specified period of time, such medical examinations as to his fitness for service in foreign-going ships as the Authority may, after consultation with the Advisory Board, specify in general directions to the Superio- lendent,

(2) The Superintendent may suspend the regis- Iration of any seaman who, having been required under subsection (1) to undergo a medical examina- tion, fails to pass such examination within the time specified.

(3) The Superintendent shall, where under sub- section (2) be bas suspended the registration of a scaman whose name appears in Part IV of the register, whether or not the name of the seaman also appears in Part I of the register, forthwith give notice in writing thereof to every person in respect of whom the name of the scaman appears in Part IV of the register.

(4) The suspension under subsection (2) of a seaman's registration shall continue in effect until he produces to the Superintendent the certificate of a medical practitioner stating that the scaman is fit for service in foreign-going ships.”.

14. Section 18 of the principal Ordinance is amended by deleting subsections (1) and (2) and substituting the following-

"(1) If, after considering any representations which the seaman may make on the occasion specified in a notice served on him under subsection (2) of section 17A or subsection (1) of section 19, it appears to the Superintendent that-

(a) the scuman has deserted his ship, in Hong Kong

or elsewhere;

(6) the seaman has neglected, or refused without reasonable cause, to join his ship or to proceed to sea in his ship, in Hong Kong or elsewhere; (c) the seaman has been convicted, in Hong Kong or elsewhere, of any offence of such a nature as to render it desirable that he be suspended temporarily from service in foreign-going ships or should cease to serve on such ships:

Amendment of section 18.