TNAG-0874-FCO40-1084-Legislation-for-births--deaths-and-adoption-in-Hong-Kong-1979 — Page 44

A172

Ord. No. 59/79

Short title.

Amendment of

section 17A. (Cap. 135.)

MERCHANT SHIPPING (RECRUITING OF

SEAMEN) (AMENDMENT)

L.S.

HONG KONG

No. 59 OF 1979

I assent.

JACK CATER, Acting Governor.

19th July, 1979.

An Ordinance to amend the Merchant Shipping (Recruiting of Seamen)

Ordinance.

[20th July, 1979]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Merchant Shipping (Recruit- ing of Seamen) (Amendment) Ordinance 1979.

2.

Section 17A of the principal Ordinance is amended-

(a) by deleting subsection (1) and substituting the following-

(Cap. 215, 1964 Ed.) (Cap. 201.)

"(1) Whenever the Superintendent has reasonable grounds for believing that any seaman has, in Hong Kong or else- where-

(a) after the commencement of this Ordinance, been convicted of any offence involving the import, export, sale or other dealing in or with, or possession of any dangerous drug;

(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(ii) of an offence against section 3(2) of the repealed Prevention of Corruption Ordinance or Part II of the Prevention of Bribery Ordinance in respect of any matter or transaction whatsoever, actual or proposed, in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 cause, 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,

MERCHANT SHIPPING (RECRUITING OF

Ord. No. 59/79

A173

SEAMEN) (AMENDMENT)

given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer,

the Superintendent shall forthwith suspend the seaman's registration.";

(b) in subsection (2)—

(i) by deleting "specifying" and substituting the following-

"stating";

(ii) by deleting "and" at the end of paragraph (a);

(iii) by deleting the full stop at the end of paragraph (b) and substituting the following-

"; and"; and

(iv) by inserting after paragraph (b) the following paragraph- "(c) that if the Superintendent fails to exercise any of the powers conferred upon him by section 17(1) or 18(1) or (2) within 3 months after the date of service of the notice on the seaman under this subsection, the seaman shall be entitled to have the case referred to the Authority for a decision if the seaman so requests.";

(c) by deleting subsection (4) and substituting the following-

"(4) A suspension of a seaman's registration under sub- section (1) shall continue in effect until-

(a) the Superintendent exercises in relation to that seaman any of the powers conferred on the Super- intendent under section 17(1) or (2) or 18(1) or (2); or (b) the case is determined by a Board of Reference

under section 28A,

whichever is the sooner."; and

(d) by inserting after subsection (4) the following subsection-

"(5) Whenever the Superintendent fails to exercise any of the powers conferred upon him by section 17(1) or 18(1) or (2) within 3 months after the date of service of a notice on a seaman under subsection (2), and the seaman requests that the case be referred to the Authority, the Superintendent shall forthwith refer the case to the Authority and serve notice on the seaman that the case has been so referred.".

3.

Section 19 of the principal Ordinance is repealed.

4.

Repeal of section 19.

The principal Ordinance is amended by adding after section 28 Addition of new "the following section-

***Determination

of cases referred to the Authority under section 17A(5).

28A. (1) If, on the hearing of a case referred to a Board of Reference by the Authority under section 21 follow- ing a reference of the case to the Authority by the Super- intendent under section 17A(5), the Board of Reference is unanimously satisfied that the seaman has, in Hong Kong or elsewhere-

(a) after the commencement of this Ordinance. been convicted of any offence involving the import, export, sale or other dealing in or with, or posses- sion of any dangerous drug;

section 28A.