TNAG-0274-FCO40-310-Legislation-applying-to-merchant-shipping-of-Hong-Kong-1971 — Page 46

Addition of section 107A.

Amendment of section 117.

2

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

4.

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.".

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.

(2) A person aggrieved by a decision of the Director under subsection (1) may, within fourteen days after being informed of the decision, by notice in writing delivered to the Registrar of the Supreme Court appeal to such judge, District Judge or magis- trate as the Chief Justice may nominate, and upon appeal such decision may be confirmed, varied or set aside as may seem just.".

5. Section 117 of the principal Ordinance is amended in subsection (2) by substituting a full stop for the colon and deleting the proviso.