1973-HKRS28-16-21_Part01 — Page 39

Amendment of section 37.

Amendmeat of section 38.

Amendment of section 40,

Addition of new section 40A.

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(b) by adding, after subsection (2), the following new

subsection--

"(3) A person intending to recruit a seaman at a muster held in the Seamen's Recruiting Office shall make available thereat for inspection by the seaman a copy of the articles of agreement on which it is proposed to engage the seaman together with a Statement of any variations intended to be made in the terms and conditions of such agreement.".

23. Section 37 of the principal Ordinance is amended by inserting after "under", in the second place where it occurs, the following-

"subsection (1) of section 17A, subsection (2) of section 17B or**.

24. Section 38 of the principal Ordinance is amended by adding, after subsection (4), the following new subsection-

"(4A) Any such seaman who, having been selected for service in a foreign-going ship, without reasonable excuse fails or refuses-

(a) to sign the articles of agreement for service in that

ship: or

(b) to join the ship or proceed to sea in the ship. shall forfeit any fee paid by him pursuant to subsection (3).”.

25. Section 40 of the principal Ordinance is amended in subsection (1)–

(a) by inserting after "Office", the following--

" and without payment of any fee."; and

(b) by inserting after "under", where it first occurs, the

following

"subsection (1) of section 17A, subsection (2) of section 17B or",

26. The principal Ordinance is amended by adding, after section 40, the following new section-

"Notice of intention not to re-engage scaman.

a

40A. Whenever a seaman's engagement on foreign-going ship is for any reason terminated and it is not intended to re-engage him for service in that ship, the master, owner or charterer of the ship, or the agent of the master, owner or charterer, shall,

11

within one month of the date of the seaman's dis- charge from the ship, cause to be delivered to the Superintendent a notice in the prescribed form of the intention not to re-engage the seaman.",

27. Section 41 of the principal Ordinance is amended in subsection (1) by deleting "as soon as practicable thereafter" and substituting the following-

"within seven days after the last day of the month during which the engagement or re-engagement took place,”.

28. Section 42 of the principal Ordinance is amcoded in subsection (2) by deleting "as soon as practicable thereafter" and substituting the following-

"within seven days after the last day of the month during which the engagement took place,”.

29. Section 43 of the principal Ordinance is amended in subsection (3)-

(a) by deleting "As soon as practicable after" and substitut-

ing the following-

"When": and

(b) by inserting after "shall" the following-

"within seven days after the last day of the month during which the engagement took place, and".

30. Section 44 of the principal Ordinance is amended in subsection (3)-

(a) by deleting "As soon as practicable after" and substitut-

ing the following-

"When": and

(b) by inserting after "shall," the following-

"within seven days after the last day of the month during which the engagement took place, and".

31. Section 45 of the principal Ordinance is amended in subsection (3)—

(a) by deleting "As soon as practicable after" and substitut-

ing the following-

"When"; and

(b) by inserting after "sball" the following-

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within seven days after the last day of the month during which the engagement took place, and",

Amendment of section 41.

Amendment of section 42.

Amendment of section 43.

Amendment of section 44.

Amendment of section 45.