CO129-536-10 Need for leglisation concerning number of certificated officers carried on passenger ships 18-11-1931 - 15-6-1932 — Page 32

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REPLIES OF THE GOVERNMENTS

INDIA

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5. The reply is in the affirmative. The character of the sanctions should be penal. (See also last paragraph of the reply to Question 6).

5.

IRISH FREE STATE

(a) The reply is in the affirmative. The penalty should take the form of a substantial money fine.

(b) The reply is in the affirmative. The offender should be made liable to a substantial money fine or imprisonment for a period not exceeding say two years.

ITALY

5. The Italian Government considers it desirable that the Draft Convention should affirm the principle that national law should provide for sanctions of a penal nature against a shipowner engaging masters or officers not duly certificated, and against a master or officer making use of forged documents to obtain engagement.

JAPAN

5. The reply is in the affirmative. It is considered appro- priate that the character of the sanctions should be penal.

LATVIA

5. National laws or regulations should provide for sanctions against shipowners who engage a master or an officer who is not duly certificated as required by the Draft Convention.

Any person employing a master or an officer otherwise than in accordance with the provisions of the Convention should be liable to a penalty under national laws or regulations.

5.

NETHERLANDS

The reply is in the negative. The Government of the Netherlands is of the opinion that even a Recommendation on these points would be going too far. The decision to regulate the questions mentioned under this heading should be left to national laws or regulations.

NORWAY

5. The reply is in the affirmative. The character of the sanctions should be penal,

POLAND

QUESTION 5

5. It is considered necessary to provide for sanctions in national law, (a) in case of the engagement of a master or officer not certificated in accordance with the provisions of the Convention, and (b) where engagement is secured by forged documents.

Sanctions to meet the offence referred to under (a) above are provided for in section 118 (2) of the Act of 2 June 1902 on the mercantile marine, and the offence referred to under (b) is punished in Poland under the Penal Code of 15 May 1871.

RUMANIA

5. National laws or regulations should provide for sane- tions against a shipowner who employs an uncertificated master or officer, and also against a master or officer who uses forged documents to obtain employment as such.

The character of these sanctions should be determined by national laws or regulations.

5.

SOUTH AFRICA

See reply under Question 1, ante, p. 18.

SPAIN

The matters referred to in this question require, in view of their legal character, that national laws or regulations should make provision for sanctions and that these sanctions should be of a penal character, since the nature of the offences in question takes them out of the range of the purely discipli- nary action of the administrative authorities.

SWEDEN

5. It would appear that the reply to this question should be in the affirmative and that the sanctions should have a penal character.

YUGOSLAVIA

5. (a) and (b). The replies are in the affirmative. We are of opinion that the character of the sanctions provided for should be penal as far as shipowners are concerned and discipli nary for the master or officers.

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