TNAG-0358-FCO40-394-Registration-of-merchant-shipping-in-Hong-Kong-1972 — Page 77

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Superintendent exercises his powers under section 18.

12.

Clause 14 amends section 18 so as to increase from

6 to 24 months the period for which the Superintendent may

suspend a seaman's registration for desertion or refusal or

neglect to join ship or proceed to sea. The period of

suspension in other cases under section 18 is also increased

from six to twelve months. Section 18 is further amended by

the deletion of subsection (2) which has been found to be

impractical to apply. A new subsection (2) enables the

Superintendent in any case where he thinks fit to issue the

seaman with a written caution to be of good behaviour in the

future.

13.

In

Section 22 is designed to avoid delays in

commencing hearings of appeals and cases referred.

practice, without any fault on the part of the Authority, the

Board is sometimes not able to commence the hearing within

the time limit fixed by subsection (1) or (2), because the

seaman has not been served with the required notice of hearing.

Attempts at personal service may fail because the seaman

is abroad, has changed his address or is evading service.

As a result of clause 16, service by registered post will

suffice for the purposes of section 23 in the case of appeals

under section 20 but this may fail for the same reasons as

personal service and also people in Hong Kong are reluctant

to accept registered mail. Clause 15 amends section 22 so

as to provide for extending the time for commencing a hearing

where reasonable attempts to serve the seaman with the

notice of hearing required under sections 20(3) and 21 have

failed.