618237-1931-Rules-under-section-4-8-of-the-Merchant-Shipping-Ordinance-1899 — Page 4

THE HONG KONG GOVERNMENT GAZETTE, MARCH 27, 1931. 165

applicant's sea service should be covered by testimonials certifying to his sobriety, ex- perience, ability, and general good conduct, but testimonials will be required for at least the last 18 months at sea preceding the date of the application to be examined.

It is desirable that testimonials signed by Chief Engineers be endorsed by the Master or by the Engineer Superintendent; testimonials signed only by the company's Superintendent or other officials should not, as a rule, be regarded as sufficient.

If, in any case, testimonials appear to have been withheld for improper or inade- quate reasons, full particulars should be reported by the Examiner to the Chief Ex- aminer.

22. Physical Defects. When an applicant is observed to be hard of hear- ing, or is labouring under any other obvious physical defect, the signatories of his testi- monials are required to mention that defect specifically, and to state whether it in any way interfered with the efficiency of the applicant as an engineer on watch. When these modified testimonials are such as completely to satisfy the Examiner that the defect is not such as to interfere with the efficient discharge of the applicant's duties as engineer, the examination is proceeded with; otherwise the case is referred to the Chief Examiner.

23. Penalty for Misconduct.-Applicants who have neglected to join their vessels after having signed Articles, or who have deserted their vessels after having joined, or who have been found guilty of gross misconduct, will be required to produce satisfactory proofs of two years' subsequent service and good conduct at sea, unless the Governor after having investigated the matter, should see fit to reduce the time.

24. Foreign Engineers. -A foreign engineer cannot be examined for a First Class Certificate unless he has performed the sea-service stated in rule 31 with the re- quisite British Certificate. Service performed in foreign vessels may be accepted if the applicant can produce satisfactory testimonials as to conduct and character, and is able to prove that the service has been in the required capacities, and that during the period of service he has held a British Certificate of Competency of the grade required by the Rules (See rule 17).

25. Knowledge of English essential.—All candidates, including foreigners and British subjects of foreign extraction, must prove to the satisfaction of the Ex- aminers that they can speak and write the English language sufficiently well to perform the duties required of them on board a British vessel.

26. Issue of Certificate.-If the candidate passes he will receive a certificate signed by the Governor. The candidate's testimonials and other papers will be returned to him when the examination is finished.

27. Service found to be Insufficient. -If, after a candidate has passed the examination, it is discovered on further investigation that his services are insufficient to entitle him to receive a certificate of the grade for which he has passed the certificate will not be granted to him; but if the Governor is satisfied that the error in the calcul- ation of the candidate's services did not occur through any fault or wilful misrepresent- ation on his part, he may either have the fee returned to him or have it placed to his credit. Should his services entitle him to a certificate of a lower grade it may be granted to him, and the difference, if any, between the fee paid by him for the superior certificate, and the fee payable for the inferior certificate will be returned to him or placed to his credit. The superior certificate will not be granted until the candidate has performed the amount of service in which he was deficient, and has been re-examined in all the subjects, unless the Governor sees fit to dispense with the re-examination.

28. Copy of Lost Certificate.-An applicant for a certified copy of a lost certificate of competency must fill in a form of application giving the particulars required, and hand it to the Harbour Master. A declaration as to the circumstances in which the certificate was lost must be made by the applicant before the Harbour Master. The Harbour Master will then transmit the form of application to the Registrar-General of Seamen, who will state thereon whether a fee is to be charged or not, and will forward a certified copy of the lost certificate for delivery to the applicant.