TNAG-0274-FCO40-310-Legislation-applying-to-merchant-shipping-of-Hong-Kong-1971 — Page 43

3.

MERCHANT SHIPPING (AMENDMENT)

Ord. No. 63/70.

A335

as skipper (full) or skipper (limited) shall be deemed to be a duly certificated trawling master subject to such conditions and limitations as the Director may specify in any particular case.".

Section 93 of the principal Ordinance is amended-

(a) in subsection (1), by deleting "A trawler" and substitut-

ing the following-

"Subject to section 92, a trawler"; and

(b) by deleting subsection (2) and substituting the follow-

ing-

"(2) Any person who-

(a) having been engaged as a trawling master- (i) goes to sea in command of a trawler without being entitled to do so under section 92; or

(ii) uses the trawler of which he is in command for the purpose of fishing in waters in contravention of section 92; (b) having been engaged as a trawling engineer, goes to sea on a trawler without holding a certificate of competency as a trawling engineer;

(c) employs any person to act as a trawling master in command of a trawler without ascertaining that such person is entitled to do so under section 92; or

(d) employs any person to act as a trawling engineer on a trawler without ascertaining that such person holds a certificate of com- petency as a trawling engineer,

shall be guilty of an offence and shall be liable on conviction to a fine of four thousand dollars.".

4. The principal Ordinance is amended by adding the following section after section 107-

"Cancella- tion or suspension of local

certificates of com- petency.

107A. (1) The Director may cancel, or suspend for any period, any local certificate of competency issued by virtue of the provisions of this Part, if it is proved to his satisfaction after due inquiry that the holder of the certificate has been guilty of any in- competency or negligence in the performance of his duties as master or engineer as the case may be.

Amendment of section 93.

Addition of section 107A.