CO129-536-10 Need for leglisation concerning number of certificated officers carried on passenger ships 18-11-1931 - 15-6-1932 — Page 31

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REPLIES OF THE GOVERNMENTS

Question 5.

Sanctions

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CZECHOSLOVAKIA

QUESTION 5

5. Do you consider it desirable to indicate that national laws or regulations are to provide for sanctions against:

(a) a shipowner engaging a master or officer who is not duly certificated as required by the Draft Convention ; (b) a master or officer making use of forged documents to obtain employment as such ?

What do you consider should be the character of such sanctions (penal or disciplinary) ?

AUSTRALIA

5. It is considered that it should be an offence on the part of the owner and master, punishable by fine, for a vessel to proceed to sea without the proper complement of duly certifi- cated officers; and that the forging of such documents and or the fraudulant alteration or use thereof should be an indictable offence, punishable by fine or imprisonment.

BELGIUM

5. To ensure effective enforcement of the provisions of the Convention it seems essential that national legislation should adopt the principle of sanctions against:

(a) A shipowner knowingly engaging a master, skipper, chief engineer, or officer in charge of a watch not duly certifi- cated as required by the Convention;

(b) A master, skipper, chief engineer, or officer making use of forged documents to obtain employment.

The sanctions to be taken in both cases should be of a penal character.

5.

CUBA

National legislation should establish penal sanctions for the cases indicated in paragraphs (a) and (b) of this ques- tion. As regards Cuba, the Penal Code now in force has established such penal sanctions.

See reply under Question 1, ante, p. 10.

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DENMARK

The reply is in the affirmative: fines and imprisonment.

ESTONIA

The reply is in the affirmative. In less serious cases disciplinary sanctions might be imposed, while more serious or repeated offences appear to call for criminal sanctions.

FINLAND

5. Section 75 of the Order of 17 April 1924 provides for the punishment of anyone who engages a person not professionally competent for his duties. It also provides penalties for anyone acting as master, chief officer, or engineer officer without possessing the requisite professional qualifications for such employment. The penalty may be a fine, and in case of a repetition of the offence, imprisonment or withdrawal of the certificate for a certain period.

FRANCE

5. In reply to these different questions, the French Government simply notes that most national laws already provide for criminal or disciplinary sanctions according to circumstances against shipowners, masters or officers who do not comply with the provisions relating to certificates.

There is no reason accordingly why the Draft Convention should not lay down for every country the obligation for penal or disciplinary sanctions. There is no objection to confirming what already exists.

5.

GERMANY

There is no objection to a Recommendation providing for the sanctions mentioned in (a) and (b). The provision of penal sanctions should be recommended.

GREAT BRITAIN

See reply under Question 1, ante, p. 15.

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