TNAG-0856-FCO40-1066-Construction-of-underground-railway-system-in-Hong-Kong-1979 — Page 207

A174

Ord. No. 59/79

(Cap. 215, 1964 Ed.)

(Cap. 201.)

MERCHANT SHIPPING (RECRUITING OF

SEAMEN) (AMENDMENT)

(b) been convicted-

(c)

(i) of an offence against section 73(2); or

(ii) of an offence against section 3(2) of the repealed Prevention of Corruption Ordinance or Part II of the Prevention of Bribery Ordinance in respect of any matter or transaction whatsoever, actual or proposed, in which the Seamen's Recruit- ing Office was concerned;

deserted his ship;

(d) neglected, or refused without reasonable excuse, to join his ship or to proceed to sea in his ship; (e) been convicted of any offence of such a nature as to render it desirable that he be suspended tem- porarily from service with foreign-going ships or should cease to serve on such ships;

(f) while engaged in service with foreign-going ships, been guilty of misconduct of such a serious nature as to render it desirable that he be suspended tem- porarily from service on, or should cease to serve on, such ships, whether or not such misconduct constituted an offence, and, if the misconduct did constitute an offence, whether or not the seaman has been convicted of such offence; or

(g) without reasonable excuse, failed to comply with any order, direction, requirement or request made, given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer,

the Board of Reference may, subject to section 30, exercise the powers specified in subsection (3).

(2) If, on the hearing of any such case as is referred to in subsection (1), the Board of Reference is not un- animously satisfied as to the relevant ground specified in subsection (1), the Board of Reference shall direct the Superintendent to withdraw the suspension of the seaman's registration.

(3) The powers referred to in subsection (1) are- (a) where the Board of Reference is unanimously satisfied as to any of the grounds specified in subsection (1)(a) or (b)—

(i) to direct the Superintendent to remove the name of the seaman from the register; or

(ii) to direct the Superintendent to withdraw the suspension of the seaman's registration; and

(b) where the Board of Reference is unanimously satisfied as to any of the grounds specified in subsection (1)(c), (d), (e), (f) or (g)

(i) to direct the Superintendent to remove the name of the seaman from the register;

(ii) to direct the Superintendent to withdraw the suspension of the seaman's registration;

(iii) to suspend the seaman's registration for such further period, not exceeding 24 months, as it thinks fit; or