TNAG-0874-FCO40-1084-Legislation-for-births--deaths-and-adoption-in-Hong-Kong-1979 — Page 45

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(ii) of an offence against section 3(2) of the repealed Prevention of Corruption Ordinance or Part II of the Prevention of Bribery Ordinance in respect of any matter or transaction whatsoever, actual or proposed,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

(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 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

i

MERCHANT SHIPPING (RECRUITING OF

Ord. No. 59/79

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SEAMEN) (AMENDMENT)

(iv) to direct the Superintendent to withdraw the suspension of the seaman's registration and issue him with a caution in writing to be of good behaviour in the future.".

5. Section 32 of the principal Ordinance is amended by deleting Amendment of subsection (1) and substituting the following-

"(1) A seaman-

(a) whose appeal is referred by the authority under section 20

to a Board of Reference; or

(b) whose case is referred by the authority under section 21 to

a Board of Reference,

and who is dissatisfied in point of law with a decision of the Board of Reference on the appeal or case may, within 28 days after the service on him of the statement required to be served on him by section 27(1) or 31(1), as the case may be, appeal to a judge of the High Court.".

section 32.

6.

The principal Ordinance is amended to the extent specified in Consequential the Schedule.

Section

SCHEDULE

AMENDMENTS

Sections 7(5), 10(1)(a) and (b), 11, 14(1), 30, 31(3) and (4), 34(8), 36(1), 37, 40(1), 56(3) and 74(3)

Section 17(1)

Section 18

Sections 21 and 22(2)

Section 25

Section 31(5)

Extent of amendment

[s. 6.]

Before "29(1)" wherever it occurs

insert "28A(1) or”.

Delete "19(1)" and substitute “17A(2)”.

(1) In subsection (1) delete "or

19(1)".

(2) In subsection (1A) delete "or

under section 19(1)".

After "17(3)" wherever it occurs

insert", 17A(5)”.

After "28" insert “, 28A”.

After "under section" insert “28A(1)

or (2), or".

Passed by the Hong Kong Legislative Council this 18th day of

July, 1979.

STEPHEN S. P. TAM,

Clerk to the Legislative Council.

amendments. Schedule.

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Ord. No. 59/79

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SEAMEN) (AMENDMENT)

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

STEPHEN S. P. TAM,

Clerk to the Legislative Council.