MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE

MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE

LAWS OF HONG KONG

MERCHANT SHIPPING OF SEAMEN)

ORDINANCE

CHAPTER 135





CHAPTER 135

MERCHANT SHIPPING (RECRUITING OF SEAMEN)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................Page

PART I
SHORT TITLE AND INTERPRETATION

1. Short title..................... ... ... ... ... ... ... ... ...

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

PART 11
APPOINTMENT OF SEAMEN's RECRUITING AUTHORITY AND ESTABLISHMENT
OF SEAMEN'S RECRUITING OFFICE AND ADVISORY BOARD

3.............................Appointment of Seamen's Recruiting Authority ... ... ... ... ... 7

4..........................Establishment of Seamen's Recruiting Office ... ... ... ... ... ... 7

5...............................Establishment of Seamen's Recruiting Advisory Board ... ... ... ... 7

PART III
REGISTRATION OF SEAMEN

6. Register of seamen.......... ... ... ... ... ... ... ... ... ... ... 8

7.............Part 1 of register ............ ... ... . ... ... ... ... ... 8

8..........[Repealed] ....................... ... ... ... ... ... ... ... ... 9

9. Part III of register........ ... ... ... ... ... ... ... ... ... ... 10
10. Part IV of register ........ ... ... ... ... ... ... ... ... ... ... 10

11..............................Disqualification for entry of seaman's name in register ... ... ... ... 11

12.....................Particulars to be entered in register ... ... ... ... ... ... ... ... 11

13.................Change of seaman's rating ... ... ... ... ... ... ... ... ... ... 12

14. Power of Authority to direct that name of seaman whose name has been

removed from register be restored to Part 1 of register ... ... ... 12

PART IIIA
SERVICE RECORD BOOKS

14A..................Seamen's service record books ... ... ... ... ... ... ... ... ... 13

413........Regulations ...................... ... ... ... ... ... ... ... ... 13

PART IV
BOARDS OF REFERENCE AND REMOVAL OR
SUSPENSION
OF SEAMEN FROM REGISTER

15..............Appointment of panel ..... ... ... ... ... ... ... ... ... ... ... 13
16..............Boards of Reference ......... ... ... ... ... ... ... ... ... ... 13

17. Removal of seaman's name from register by Superintendent ... ... ... 14





Section page

17A. Suspension for desertion or failure to join ship ... ... . ... ... 15

17B. Suspension on medical grounds ... ... ... ... ... ... ... ... ... ... 15

is. Suspension of seaman's registration by Superintendent ... ... ... ... ... 16

... ... ... ... ... ... ... ... ... ... ... ... 17

20. Appeal against suspension of seaman's registration under section 18(1)(i) 17

21. Authority to refer cases to Board of Reference ... ... ... ... ... ... 18

presciibed period ... ... ... ... ... ... ... ... ... ... ... 18

23. Hearings in absence of seaman ... ... ... ... ... ... ... ... ... ... 19

24. Practice and procedure upon hearing of appeal or referred case ... ... ... 19

25. Majority, decision to be decision of Board of Reference with certain exceptions 21

26. Determination of appeal under section 20 ... ... ... ... ... ... ... 21

notice to be given to licensed company and Deputy Naval Store Officer in certain
cases ... ... ... ... ... ... ... ... ... ... 22

28. Determination of cases referred to the Authority under section 17(3) ... ... 22

29. Determination of cases referred to the Authority under section 18(1)(ii) ... 23

30.Right of seaman to make representations to Board of Reference with respect
to exercise of Board's powers under section 28(1) or ... ... ... ... 23

31. Seaman to be notified of decision of Board of Reference on referred case and
notice to be given to licensed company and Deputy Store Officer in certain
cases ... .. ... ... ... ... ... ... ... ...

32. Appeal to judge of High Court on point of law ... ... ... ... ... ... 24

cases following appeal under section 32 ... ... ... ... ... 25

PART V

CONTROL OF RECRUITMENT, ENGAGEMENT AND SUPPLY OF SEAMEN FOR
SERVICE ICE IN FOREIGN-GOING SHIPS, AND PROCEDURE IN AND

IN CONNEXION WITH SUPPLY OF SEAMEN BY
SEAMEN'S RECRUITING OFFICE
34. Control of recruitment, engagement and supply of seamen ... ... ... 25

35. Power of Director of Marine to refuse to issue port clearance, and detention

of ship, in certain cases ................ ... ... ... ... ... ... ... 27

36............................Supply of seamen by Seamen's Recruiting Office ... ... ... ... ... 27

37.................................Seamen may volunteer services if Superintendent permits ... ... ... 28

38. Procedure on supply of seamen through Seamen's Recruiting Office, etc.,







otherwise than in urgent cases ........... ... ... ... ... ... ... 28

39. Procedure on engagement of seaman recruited through Seamen's Recruiting

Office for service in a ship other than a Royal Fleet Auxiliary ship 29

40. Re-engagement 30

of seaman ... ... ... ... ... ... ... ... ... ... ...

40A.........................Notice of intention not to re-engage seaman ... ... ... ... ... ... 31

41. Return of engagement and re-engagement cards to Superintendent and

payment of fees by shipowner, etc........ ... . ... ... ... ... ...





Section Page

42. Procedure on engagement of seaman recruited through Seamen's Recruiting

Office for service in Royal Fleet Auxiliary ship ... ... ... ... 32

43. Procedure where Superintendent permits seaman to offer himself for service

in a foreign-going ship other than a Royal Fleet Auxiliary ship ... ... 33

44. Procedure where Superintendent permits seaman to offer himself for service

in a Royal Fleet Auxiliary ship ... ... ... ... ... ... ... ... ... 35

45. Procedure on emergency engagement of seaman under section 34(8) ... ... 36

46. Procedure on emergency engagement of seaman under section 34(8) by

Royal Fleet Auxiliary recruiting officer ... ... ... ... ... ... ... ... 38

PART VI
LICENSING AND CONTROL OF CREW
DEPARTMENTS

47........................Licences to maintain crew departments ... ... ... ... 1 . ... 39
48........................Application for grant or renewal of licence ... ... ... ... ... ... 40

49. Authority may require company applying for grant or renewal of licence to

furnish additional information . ........... 40
50...................................Grounds on which grant or renewal of licence may be refused ... ... 40

51..........................Notice of refusal to grant or renew licence ... ... ... ... 4 42

52. Licensed company to notify Superintendent of intention not to renew licence 42

53..............Cancellation of licence ...... ... ... ... ... ... ... ... ... ... ... 43

54..........................Appeal against certain decisions of Authority ... ... ... ... ... ... 44

55. Restriction on ships for service in which licensed crew department may

supply seamen ........................... ... ... ... ... ... ... 44

56..............................Restriction on supply of seamen by licensed company ... ... ... ... 45

57..............Crew department I list ....... ... ... ... ... ... ... ... ... 45

58. Superintendent may require seaman's name to be restored to crew department

list .................................... ... ... ... ... 46

59. Records of seamen waiting to be supplied for service in foreign-going ships 46
60. Certain notices and other documents to be displayed in licensed crew

department .............................. ... ... ... ... ... ... ... 47

61.........................................Approval of methods used in licensed crew department to select seamen 49

62...................................Fee payable on supply of seaman by licensed crew department ... ... 49

63. Procedure on supply of seaman by licensed company, etc., otherwise than in

emergency ............................... ... ... ... ... ... ... 49







64...................................Re-engagement of seamen through licensed crew department ... ... so

65. Licensed company to deliver engagement cards, etc. to Superintendent and

payment of fees ......................... ... ... ... ... ... ... ... 51

66. Procedure on supply of seaman by licensed company pursuant to section 56(3) 52
67. Changes in staff of licensed crew department to be notified to Authority 53

68. Particulars of seamen supplied by licensed company to be delivered to

Superintendent ....................... ... ... ... ... ... ... ... 54

69. Changes in particulars of licensed crew department to be notified to Authority 54

70. Display of names of crew department staff ... ... ... ... ... ... ... 54





Section Page

71.Approval of methods used by licensed company to pay allotments and

remittances .......................... ... ... ... ... ... ... ... ... 54

72................Advances of wages ........... ... ... ... ... ... ... ... 1. 55

73...........Corruption .................... ... ... ... ... ... ... ... ... ... 55

PART VII
SUPPLY OF SEAMEN BY ROYAL FLEET AUXILIARY RECRUITING OFFICER
FOR SERVICE IN ROYAL FLEET AUXILIARY SHIPS

74. Restriction on supply of seamen by Royal Fleet Auxiliary recruiting officer 56
75. Crew department list to be kept by Royal Fleet Auxiliary recruiting officer 57
76. Superintendent may require seaman's name to be restored to crew department

list kept by Royal Fleet Auxiliary recruiting officer ... ... ... ... 57

77. Record of seamen waiting to be supplied for service in Royal Fleet Auxiliary

ships .................................... ... ... ... ... ... ... 58

78. Certain notices and other documents to be displayed in crew department

managed by Royal Fleet Auxiliary recruiting officer ... ... ... ... 58

79. Approval of methods used to select seamen in crew department managed by

Royal Fleet Auxiliary recruiting officer ... ... ... . ... 59

80. Fees payable on supply of seamen by Royal Fleet Auxiliary recruiting officer 59
81. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer

etc., otherwise than in emergency ....... ... ... ... ... ... ... ... 59

82. Re-engagement of seamen through Royal Fleet Auxiliary recruiting officer 60
83. Royal Fleet Auxiliary recruiting officer to deliver engagement cards, etc, to

Superintendent and payment of fees .... ... ... ... ... ... 61

84. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer

pursuant to section 74(3) ............... ... ... ... ... ... ... 61

85. Particulars of seamen supplied by Royal Fleet Auxiliary, recruiting officer to

be delivered to Superintendent . 1. . . ... ... ... ... 63

86. Approval of methods used in crew department managed by Royal al Fleet

Auxiliary recruiting officer to) pay allotments and remittances ... ... 63

PART VIII
SUPPLEMENTARY AND
MISCELLANFOUS

87...............................Entry to premise,.;, etc. and power to search, seize. etc . ... 63

88.....................Power of Authority to prescribe forms ... ... ... ... ... ... ... 64

89..........................Delegation of powers, etc. by Superintendent ... ... ... ... ... ... 64
90..........................Service of notices and documents on seamen ... ... ... ... ... ... 65







91...................False statement or information ... ... ... ... ... ... ... 65

Schedule....................................... ... ... ... ... ... ... ... ... ... 65





CHAPTER 135

MERCHANT SHIPPING (RECRUITING OF SEAMEN)

To regulate the recruitment of seamen for service in foreign-going
ships, to make provision in respect of allotments and remittances
made by seamen supplied for service in foreign-going ships by
companies licensed thereunder and in respect of the payment of
advances of wages to seamen supplied for such service by any such
company, and to provide for matters ancillary to or connected
with the purposes aforesaid.

[27th June, 1966.]

PART 1

SHORT TITLE AND
INTERPRETATION

1. This Ordinance may be cited as the Merchant Shipping
(Recruiting of Seamen) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Advisory Board- means the Seamen's Recruiting Advisory Board
established by section 5;

'Authority' means the Seamen's Recruiting Authority;

---Boardof Reference- means a Board of Reference constituted under
section 16;

'company' has the meaning assigned to it by section 2 of the
Companies Ordinance and also means a company incorporated
outside the Colony which has established a place of business
within the Colony;

crew department list' means the list kept in a licensed crew department
pursuant to section 57(1) or the list kept by the Royal Fleet
Auxiliary recruiting officer pursuant to section 75(1); (Amended, 91
of 1975, s. 3)

'fishing vessel' means any ship employed in sea fishing, but does not
include a ship employed in whale fishing;

'foreign-going ship' does not include any ship employed exclusively in
trading or going between any port of the Colony and any place or
places situated within the following limits, that is to say

(a) to the east, meridian 114' 30' east;

(b) to the south, parallel 22' 09' north; and

(c) to the west, meridian 113' 31' east,





but save as aforesaid includes any foreign-going ship of any flag
whatsoever whether or not the ship calls at any port of the Colony;

'junk' includes any ship of Chinese or other Asiatic build, construction
or rig;

'legal officer' has the meaning that it has for the purposes of the Legal
Officers Ordinance;

'licensed company' means any company holding a valid licence to
maintain a crew department granted under section 47(1);

'licensed crew department' means the crew department maintained by a
licensed company;

'lighter' includes any barge or other vessel normally used within the
waters of the Colony for the transport of cargo or in the
construction or maintenance of harbour and other works;

'lorcha' includes any ship

(a)of European build and construction, but of Chinese or other
Asiatic rig; or

(b)of Chinese or other Asiatic build and construction, but of
European rig;

'panel' means the panel appointed under section 15;

pleasure craft- means any ship not employed in trading for profit;

'prescribed*' means prescribed by the Authority under section 88;

'register' means the register kept pursuant to section 6;

'registered address- means the address of a seaman recorded in the
register pursuant to section 12(2);

'seaman' means any person who is, or is to be, engaged for or
employed in service at sea in a ship in any capacity other than

(a) that of master;

(b)that of mate or engineer, duly certificated for the purposes of
the Merchant Shipping Ordinance;

(c) that of ship's doctor; and

(d)that which the Authority may, after consultation with the
Advisory Board and subject to such conditions as he thinks fit,
specify in writing to the Superintendent; (Replaced, 10 of 1973, s.
2)

'Seamen's Recruiting Office' means the Seamen's Recruiting Office
established pursuant to section 4(1);

'service record book means a Hong Kong seaman's service record book
issued under the regulations made under section 14B; (Added, 16 of
1975, s. 2)





---ship-means c\ cry ship or boat, or other description of vessel used in
navigation, not propelled by oars, other than a fishing vessel, junk.
lighter, lorcha or pleasure craft;

-Superintendent- means the public officer appointed under section 4(2)
to be the Superintendent of the Seamen's Recruiting Office.

(2) Any drug which is a dangerous drug for the purposes of the
Dangerous Drugs Ordinance shall be a dangerous drug for

_-c
the purposes of this Ordinance.

(3) Any reference in this Ordinance to the doing of anything, or to
anything not being done, in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer or to the production of
anything to the Superintendent of the Mercantile Marine Office or the
consular officer includes a reference to the doing of that thing, or to its
not being done, or to the production Of that thing to any person duly
acting on behalf of the Superinterident of the Mercantile Marine Office
or the consular officer.

PART 11

APPOINTMENT OF SEAMEN's RECRUITING AUTHORITY AND
ESTABLISHMENT OF SEAMEN's RECRUITING OFFICE
AND ADVISORY BOARD

3. The Director of Marine shall be the Seamen's Recruiting
Authority.

4. (1) For the purposes of this Ordinance, there shall be established
an office to be known as the Seamen's Recruiting Office.

(2) The Authority may appoint any public officer to be the
Superintendent of the Seamen's Recruiting Office and may from time to
time, after consultation with the Advisory Board if he thinks fit, give to
the Superintendent, either generally or in any particular case, such
directions with respect to the administration of the Seamen's Recruiting
Office as he considers necessary.

(3) Subject to the provisions of this Ordinance and to any
directions given by the Authority under subsection (2), the
Superintendent shall be responsible for the administration of the
Seamen's Recruiting Office.

(4) Nothing in subsection (2) shall be deemed to authorize or permit
the Authority to give directions of any kind whatsoever with respect to
the exercise by the Superintendent of the powers conferred on him by
this Ordinance.

5. (1) For the purposes of this Ordinance, there is hereby
established a board, which shall be known as the Seamen's Recruiting
Advisory Board, whose function shall be to advise the Authority in all
matters with respect to which it is consulted by the Authority.





(2) The Advisory Board shall consist of the following members

(a) the Authority, who shall be the chairman;

(b)the Commissioner for Labour, the Deputy Commissioner for
Labour or an Assistant Commissioner for Labour; (Replaced, 10
of 1973, s. 3. Amended, L.N. 142174)

(e) the Superintendent; and

(d)three persons appointed by the Governor, none of whom shall
be in the service of the Government.

(3) Save as provided in subsection (4), any person appointed by
the Governor to be a member of the Advisory Board shall hold office for
3 years or for such lesser period, or until such day, as the Governor
specifies at the time of the appointment.

(4) Any person appointed by the Governor to be a member of the
Advisory Board may at any time resign his appointment by notice in
writing addressed to the Colonial Secretary.

(5) Where for any reason a person appointed by the Governor to be
a member of the Advisory Board is or will be unable temporarily to
exercise his functions as such member the Governor may appoint
another person to be temporarily a member of the Ads isory Board.

(6) The quorum at any meeting of the Advisory Board shall be 4
members thereof. (Amended, 10 of 1973, s. 3)

(7) Subject to the provisions of this Ordinance, the proceedings at
any meeting of the Advisory Board shall be conducted in such manner
as the Advisory Board determines.

PART
IIISeamen's

REGISTRATION OF SEAMEN

6. (1) There shall he kept in the Seamen's Recruiting Office a
register of the names of seamen who desire to serve in foreigngoing
ships.

(2) The register shall be in 3 parts and, subject to the provisions of
this Ordinance. shall be kept in such form and manner as the
Superintendent determines. (Amended, 10 of 1973. s. 4)

7. (1) Save as provided in section 11. Part 1 of the register shall
contain and, save as provided in subsections (3) and (6), shall contain
only the names of those seamen who are qualified to have their names
entered therein by virtue of subsection (2).

(2) A seaman shall be qualified to have his name entered in Part 1
of the register





(a)if he satisfies the Superintendent that he has been discharged
from a foreign-going ship within the period of 24 months
preceding his application for registration; or

(b)if he is at least 17 years of age and has passed to the
satisfaction of the Superintendent such medical examination as
to his fitness for service in a foreign-going ship as the
Authority specifies and

(i) has completed satisfactorily a course of training at a sea
training school, or other school or institution, recognized by
the Authority for the purposes of this Ordinance or possesses
such experience as the Superintendent considers sufficient; or

(ii) possesses such experience of the operation and
maintenance of machinery as the Superintendent considers
sufficient: or

(Iii) possesses such experience in the catering industry as
the Superintendent considers sufficient.

(3) If at any time it appears to the Superintendent that the number of
seamen whose names appear in Part 1 of the register and who are
suitable and available for service in any particular post in a foreign-
going ship is not, or may not be, sufficient to meet the demand for
seamen for service in that post, he may, cause to be entered in that Part
of the register the name of any seaman--

(a)whose name appears in Part 111 of the register and who is
suitably qualified, by virtue of experience or otherwise, for
service in that post; and (Amended, 10 of 1973, s. 5)

(b)who has passed to the satisfaction of the Superintendent such
medical examination as to his fitness for service in a foreign-
going ship as the Authority specifies.

cl

(4) In exercising the power conferred upon him by subsection (3),
the Superintendent shall, so far as circumstances permit give preference
to seamen whose names appear in Part III of the register according to
the date on which their names were entered in the register. (Amended,
10 of 1973, s. 5)

(5) Upon application at any time by a seaman whose name appears
in Part IV of the register, but not in Part 1 thereof, and whose
registration is riot for the time being suspended under section 17A(1)
17B(2) or 18(1)(i) or (ii) or suspended for a further period under
section 29(1) the Superintendent shall re-enter the name

Part 1 of the register.(Amended 10 qf 1973, s. 5)

of the seaman in

(6) The Authority may at any time, after consultation with the
Advisory Board, direct the Superintendent to enter in Part 1 of the
register the names of such seamen as the Authority thinks fit.

8. [Repealed, 10 of 1973, s. 6]





9. Save as provided in section 11, the name of any seaman shall
upon application be entered in Part 111 of the register if such seaman is
at least 18 years of age and not more than 40 years of age and is not
qualified to have his name entered in Part 1 of the register.

(Amended, 10 of 1973, s. 7)

10. (1) Where-

(a) a seaman whose name appears in Part 1 or Part IV, or
in both Part 1 and Part IV, of the register and whose
registration is not for the time being suspended under
section 17A(1), 17B(2) or(ii) or suspended for
a further period under section 29(1) makes application to
have his name entered in respect of a licensed company
or the Royal Fleet Auxiliary recruiting officer in Part IV
of the register; or

(b)a licensed company or the Royal Fleet Auxiliary recruiting
officer makes application to have the name of a seaman whose
name appears in Part 1 or Part IV, or in both Part 1 and Part IV,
of the register and whose registration is not for the time being
suspended under section 17A(1), 17B(2)
or 18(1)(i) or (ii) or suspended for a further period under
section 29(1) entered in respect of the licensed company or the
Royal Fleet Auxiliary recruiting officer, respectively, in Part IV
of the register, (Amended, 10 of 1973, s. 8)

then, if-

(i)in the first mentioned case, the Superintendent is satisfied that
the licensed company in respect of which the name of the
seaman is to be entered in Part IV of the register, or the Royal
Fleet Auxiliary recruiting officer, as the case may be, consents
to the application, or

(ii) in the second mentioned case, the Superintendent is satisfied
that the seaman consents to the application,

and in either case-

(Iii) the Superintendent is satisfied that the crew department list in
which the name of the seaman is to be entered does not
contain a number of names of seamen of the rating held by
such seaman greater than the number of posts of that rating
for ,yhich the crew department supplies

rating

seamen for service in foreign-going ships, save by such
percentage of the number of such posts as the Authority may
determine: and

(iv) the Superintendent is satisfied that if the name of the seaman is
entered in Part IV of the register in respect of that licensed
company or the Royal Fleet Auxiliary recruiting officer, as the
case may be, the name of the seaman will appear in Part IV of
the register only in respect of not more

register





than 2 licensed companies or only in respect of the Royal Fleet
Auxiliary recruiting officer and not more than 1 licensed
company,

he shall enter the name of the seaman in respect of that licensed
company or the Royal Fleet Auxiliary recruiting officer, as the case may
be, in Part IV of the register and, in the case of a seaman whose name
appears in Part 1 of the register, he shall on the application of the
seaman, but not otherwise, remove the name of the seaman from Part 1
of the register. (Amended, 91 of 1975, s. 3)

(2) Where the Superintendent receives notice under section 57(5)
that the name of a seaman has been removed from the crew department
list kept in a licensed crew department, or receives notice under section
75(5) that the name of a seaman has been removed from the crew
department list kept by the Royal Fleet Auxiliary recruiting officer, and
the name of the seaman does not appears in Part IV of the register in
respect of any other person, the Superintendent shall remove the name
of the seaman from Part IV of the register unless, under section 58(1) or
76(1), as the case may be, he requires the licensed company or the Royal
Fleet Auxiliary recruiting officer to restore the name of the seaman to the
crew department list. (Amended, 91 of 1975, s. 3)

(3) Where under subsection (2) the name of a seaman is removed
from Part IV of the register, then, if the name of the seaman does not
appear in Part 1 of the register, the Superintendent shall thereupon enter
the name of the seaman in Part 1 of the register.

11. Save as provided in section 14 and save where-

(a)the name of a seaman is restored to the register under section
28(2) or (3);

(b)an appeal by a seaman under section 32 is allowed and by
reason thereof the name of a seaman is restored to the register;
or

(c)the name of a seaman is restored to the register pursuant to
the directions of a judge on an appeal by the seaman under
section 32,

a seaman shall not be entitled to have his name entered in the register
again if his name has previously been removed therefrom under section
17(1) or pursuant to a direction of a Board of Reference under section
29(1).



12. (1) Subject to the provisions of this section, the register shall,
depending on the part thereof in which the name of a seaman appears,
contain in relation to that seaman such particulars as the Superintendent
considers necessary.

(2) In the case of every seaman whose name appears in the register,
there shall be recorded in the register





(a)the address for the time being supplied, in the appropriate
prescribed form, by the seaman to the Superintendent as the
address to which any notice or other document required or
permitted by this Ordinance to be served on him may be sent
by post or to which any other notice or document sent to him
for the purposes of this Ordinance may be addressed; and

(b) the rating of the seaman, if any.

13. (1) If it comes to the notice of the Superintendent that a seaman
whose name appears in Part 1 or Part IV, or in both Part 1 and Part IV, of
the register has been promoted to a rating higher than that recorded in
relation to him in the register, the Superintendent shall cause the new
rating to be recorded in the register in lieu of the seaman's former rating
unless, after such inquiry as he thinks fit, the Superintendent considers
that the seaman was promoted without any or any sufficient cause.
(Amended, 10 of 1973, s. 9)

(2) If it comes to the notice of the Superintendent that the rating
recorded in the register in relation to a seaman whose name appears ill
Part 1 or Part IV, or in both Part 1 and Part IV, of the register has been
reduced, the Super] Superintendent shall cause the new rating to be
recorded in the register in lieu of the seaman's former rating unless, after
such inquiry as he thinks fit, the Superintendent considers that the
seaman's rating was reduced without any or any sufficient cause.

(3) The Superintendent may, if it comes to his notice that a seaman,
whose name appears in Part 1 or Part IV, ol- in boil] Part 1 and Part IV, of
the register, has fulfilled such requirements as the Authority may. after
consultation with the Advisory Board, specify for the purpose, alter the
seaman's rating to a higher rating in the same grade or to a rating in a
different grade. (Added, 10 of 1973, s. 9)

14. (1) At any time after the expiry of a period of 5 years from the
day on which the Board of Reference confirmed the removal of the name
of a seaman from the register under section 28(1) or directed the
Superintendent to remove the name of a seaman from the register under
section, 29(1) the seaman may apply to the Authority for a direction that
his name be entered in Part 1 of the register.

(2) On an application by a seaman under subsection (1), the
Authority may, after consultation with the Advisory Beard. direct the
Superintendent to enter the name of the seaman in Part 1 of the register
or refuse the application.

(Amended, 10 of 1973, s. 10)





PART IIIA

SERVICE RECORD BOOKS

14A. Every seaman who is ordinarily resident in Hong Kong and
whose name appears in Part 1 of the register shall hold a service record
book.

(Added, 16 of 1975, s. 3)

14B. (1) The Governor in Council may make regulations for all or
any of the following matters

(a)the issue of service record books in such form and containing
such particulars with respect to the holders thereof and such
other particulars, (if any) as may be prescribed and requiring
seamen to apply for service record books,

(b)requiring the holders of service record books to produce them
to such persons and in such circumstances as may be
prescribed;

(e)the surrender of service record books in such circumstances as
may be prescribed;

(d)any incidental or supplementary matters for which the
Governor in Council thinks it expedient for the purposes of the
regulations to provide.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence
punishable on conviction by a fine not exceeding 55,000.

(Added, 16 of 1975, s. 3)

PART IV

BOARDS OF REFERENCE AND REMOVAL OR SUSPENSION
OF SEAMEN FROM REGISTER

15. (1) The Governor may appoint such persons as he thinks fit to
be members of a panel from which persons may be appointed under
section 16 to be members of a Board of Reference.

(2) In appointing persons to be members of the panel, the Governor
shall appoint such number of legally qualified persons as he considers
will be adequate for the purposes of section 16(2).

(3) A member of the panel may resign at any time by giving 1
month's notice in writing to the Colonial Secretary of his intention to
resign, and the Governor may at any time and for any reason
whatsoever terminate the appointment of any person to be a member of
the panel.

16. (1) Every Board of Reference shall consist of-

(a)the Authority, the Deputy Director of Marine or an Assistant
Director of Marine appointed by the Authority,

who shall be the chairman; (Amended, 10 of 1973, s. 11)





(b)the Commissioner for Labour or a public officer appointed by
the Commissioner for Labour; and (Amended, L,N. 142174)

(c)3 members of the panel appointed by the Colonial Secretary.

(2) Of the 3 members of the panel appointed by the Colonial
Secretary to be members of a Board of Reference, one shall be a legally
qualified person.

(3) The Superintendent shall not be a member of any Board of
Reference.

(4) The quorum at any meeting of a Board of Reference shall be 4
members thereof. (Added, 10 of 1973, s. 11)

17. (1) The Superintendent may, after considering any
representations that the seaman may make on the occasion specified in
the notice served on him pursuant to section remove the name of a
seaman from the register in either of the following cases, that is to say, if
he is satisfied that

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

(b) the seaman has been convicted-

(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 11 of the
Prevention of Bribery Ordinance in respect of any matter or
transaction whatsoever, actual or proposed, in which the
Seamen's Recruiting Office was concerned. (Amended. 10 of
1973, s. 12)

(2) The Superintendent shall remove the name of a seaman from the
register in any of the following cases, that is to say

(a) in the event of the death of the seaman;

(b)if the seaman requests the removal of his name therefrom; or

(c)if, within 2 years from the date on which a notice was served on
the seaman under section 17A(2), he has made no
representation to the Superintendent. (Added, 10 of 1973,s. 12)

(3) Where under subsection (1) the Superintendent has re-

moved the name of a seaman from the register, he shall forthwith

refer the case to the Authority and serve on the seaman notice-

(a)that his name has been so removed from the register, together
with a statement of the ground on which it was removed; and

(b) that the case has been referred to the Authority.





(4) Where under this section the Superintendent has removed from
the register the name of a seaman whose name appeared in Part IV of the
register, whether or not the name of the seaman also appeared in Part 1
of the register, he shall forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appeared in Part IV
of the register.

17A. (1) Whenever the Superintendent has reasonable grounds for
believing that any seaman has, in Hong Kong or elsewhere

(a) deserted his ship; or

(b)neglected, or refused without reasonable cause, to join his
ship or to proceed to sea in his ship,

the Superintendent shall forthwith suspend the seaman's registration.

(2) Whenever a seaman's registration is suspended under
subsection (1), the Superintendent shall, as soon as it is practicable to
do so, serve notice thereof on the seaman specifying

(a) the ground on which his registration is suspended; and

(b)the date and time at which the seaman may appear before the
Superintendent for the purpose of making representations in
the matter

(3) The Superintendent shall, if he has under subsection (1)
suspended the registration of a seaman whose name appears in Part IV
of the register, whether or not the name of the seaman also appears in
Part 1 of the register, forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appears in Part IV of
the register.

-(4) The suspension under subsection (1) of a seaman's registration
shall continue in effect until the Superintendent exercises, in relation to
that seaman, an of the powers conferred on the Superintendent under
section 18(1) or (2).

(Added, 10 of 1973, s. 13)

17B. (1) The Superintendent may require any seaman, whose name
appears on the register and whose registration is not for the time being
suspended for any other reason, to undergo, within a specified period of
time, such medical examinations as to his fitness for service in foreign-
going ships as the Authority may, after consultation with the Advisory
Board, specify in general directions to the Superintendent.

(2) The Superintendent may suspend the registration of any
seaman who, having been required under subsection (1) to undergo a
medical examination, fails to pass such examination within the time
specified.

(3) The Superintendent shall, where under subsection (2) he has
suspended the registration of a seaman whose name appears in





Part IV of the register, whether or not the name of the seaman also appears in
Part 1 of the register, forthwith give notice in writing thereof to every person in
respect of whom the name of the seaman appears in Part IV of the register.

(4) The suspension under subsection (2) of a seaman's registration shall
continue in effect until he produces to the Superintendent the certificate of a
medical practitioner stating that the seaman is fit for service in foreign-going
ships.

(Added, 10 of 1973, s. 13)

18. (1) If, after considering any representations which the seaman may
make on the occasion specified in a notice served on him under section 17A(2)
or 19(1 it appears to the Superintendent that

(a)the seaman has deserted his ship, in Hong Kong or elsewhere;

(b)the seaman has neglected, or refused without reasonable cause, to join
his ship or to proceed to sea in his ship, in Hon. Kong or elsewhere;

(e)the seaman has been convicted, in Hon. Kong or elsewhere, of any
offence of such a nature as to render it desirable that lie be Suspended
temporarily from service in foreigna in. ships oi. should cease to serve
on such ships;

0 l

(d)the seaman has, while engaged in service with foreigngoing ships, been
guilty of misconduct of such a serious nature as to render it desirable
that lie be suspended temporarily 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

(e)without reasonable excuse, the seaman has 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 Superintendent may-

(i)suspend the seaman's registration for any period, not exceeding, in the
case of desertion, 24 months or, in any other case, 12 months; or

(ii) suspend the seaman's registration and forthwith refer the case to the
Authority.

(IA) The period during which the seaman's registration is suspended under
subsection (1)(i) shall begin to run from the date when the seaman first appears
before the Superintendent for the purpose of making representation in the
matter after he has been served with a notice under section 17A(2) or- under
section 19(1)





(2) Notwithstanding subsection (1), the Superintendent may in any
case, in lieu of exercising arty of the powers conferred on him by that
subsection, issue the seaman with a caution in writing to be of good
behaviour in the future.

(Replaced, 10 of 1973, s. 14)

(3)(a) The Superintendent shall serve on a seman whose
registration has been suspended under subsection (1)(i) notice
that his registration has been suspended and of the period for
which it was suspended, together with a statement of the
ground on which it was suspended.

(b)The Superintendent shall serve on a seaman whose registration
has been suspended under subsection (1)(ii) notice

(i) that his registration has been so suspended, together
with a statement of the ground on which it was suspended:
and

(ii) that the case has been referred to the Authority.

(4) Where under subsection (1)(i) or (ii) the Superintendent has
suspended the registration of a seaman whose name appears in Part IV
of the register whether or not the name of the seaman also appears in
Part 1 of the register, he shall forthwith give notice in



writing thereof to every, person in respect of whom the name of the


seaman appears in Part IV of the register, and-

(a)where the seaman's registration was suspended under
subsection (1)(i) such notice shall also specify the period for
which his registration was suspended; and

(b)where the seaman's registration was suspended under
subsection (1)(ii), such notice shall also state that the case has
been referred to the Authority.

19. (1) Where the Superintendent considers that he may
remove the name of a seaman from the register under section 17(1),
1
or suspend the registration of a seaman under section 18(1)(i) or

(ii), he shall serve on the seaman notice thereof.-,

(2) Every such notice shall also-


(a)specify the ground on which the Superintendent considers that
he may remove the name of the seaman from the
register or suspend the seaman's registration, as the case may
be; and

(b) specify a-date and time at which the seaman may appear
before the Superintendent for the purpose of making
representations in the matter.

20. (1) A seaman whose registration has been suspended by the
Superintendent under section 18(1)(i) may appeal to the Authority

(a)on the ground that he disputes the ground on which his
registration was so suspended;





(b)on the ground that the period for which his registration was so
suspended is excessive; or

(c) on both of such grounds.

(2) An appeal under this section shall be made by delivering to the
Authority, within 1 month after notice of the Superintendent's decision was
served on the seaman in accordance with section 18(3)(a) or within such further
time as the Authority may allow in any particular case, a notice in writing
setting forth the ground or grounds of appeal.

(3) The Authority shall refer every appeal duly made in accordance with
this section to a Board of Reference and shall serve on the seaman by whom the
appeal is made a notice specifying the date on which the appeal will be heard.

21. The Authority shall refer every case referred to him by
the Superintendent under section18(1)(ii) to a Board of
Reference, and shall serve on the seaman a notice specifying the
date on which the case will be heard.

22. (1) If the hearing of an appeal under section 20 by a seaman is not
commenced within 3 months after the notice of appeal was delivered to the
Authority in accordance with section 20(2) and the period for which the
seaman's registration was suspended has not then expired, the Superintendent,
unless the Authority has previously directed otherwise, shall forthwith with the
suspension of the seaman's registration. (Amended, 10 of 1973, s. 15)

(2) If the hearing of a case referred by the Authority under section 21 to a
Board of Reference is not commenced within 3 months after the case was
referred to the Authority in accordance with section 17 or 18(1)(ii), as the case
may be, the Superintendent, unless the Authority has previously directed that
the proceedings shall continue, shall forthwith restore the seaman's name to the
register or withdraw the suspension of the seaman's registration, as the case
may be, and no further proceedings on the case shall take place. (Amended, 10
of'1973, s. 15)

(3) If the hearing of an appeal under section 20 or of a case referred by the
Authority under section 21 is not commenced within the period specified in
subsection (1) or (2), as the case may be, the Authority, if he is satified that the
failure to commence the hearing within the required time was

(a)caused by failure to serve notice on the seaman under section 20(3)
or 21, as the case may be, despite reasonable attempts to do so; or

(b)the result of an adjournment or postponement of the hearing at the
request of or due in any way to the seaman,





may extend, and may further extend, the time within which the
hearing shall be commenced for such period as he thinks fit.
(Added, 10 of 1973, s. 15)

23. A Board of Reference may proceed with a hearing not-
withstanding that the seaman is not present-

(a)in the case of an appeal under section 20, if the Board of
Reference is satisfied that the notice required to be served
on the seaman under subsection (3) of that section was
duly served on him;

(b)in the case of a reference to it under section 21, if the
Board of Reference is satisfied that the notice required to
be served on the seaman under that section was duly
served by delivering it to him personally.
(Replaced, 10 of 1973, s. 16)

24. (1) Subject to the provisions of section 25 and subsections
(3), (4), (5), (6), (7), (8) and (9) of this section, the practice and
procedure on the hearing by a Board of Reference of an appeal
under section 20 by a seaman on the ground that the period for
which his registration was suspended is excessive shall be such as
the Board of Reference thinks fit.

(2) The practice and procedure on the hearing by a Board of
Reference of an appeal under section 20 by a seaman on the ground
that he disputes the ground on which his registration was suspended
or of a case referred by the Authority under section 21 to the Board
of Reference shall be such as the Board of Reference thinks fit,
subject to the following provisions and to the provisions of sections
23 and 25 and subsections (3), (4), (5), (6), (7), (8) and (9) of this
section-

(a) the burden of proof shall be on the Superintendent;

(b)the Superintendent may address the Board of Reference
and adduce evidence in support of his case;

(c)the seaman shall be entitled to put questions to any witness
called by the Superintendent;

(d)when all the evidence which the Superintendent wishes to
adduce has been adduced, the seaman may give evidence
himself and adduce other evidence in support of his case
and may then address the Board of Reference;

(e)the Superintendent shall be entitled to put questions to
the seaman if he gives evidence and to any witness called
by the seaman;

the Board of Reference may call any witness whom it
considers necessary, but the Superintendent and the seaman
shall be entitled to put questions to any such witness and





if any such witness is called after the seaman has addressed the
Board of Reference pursuant to paragraph (d) the seaman shall be
entitled to address the Board again on any matter arising from the
evidence given by such witness.

(3) On the hearing of an appeal under section 20 by a seaman or of a case
referred by the Authority under section 21 to a Board of Reference, the seaman
may be represented by counsel or a solicitor or by any other person and the
Superintendent may be represented by a legal officer.

(4) Any deposition made on oath by any person before a magistrate in any
part of the Commonwealth, or before any duly accredited consular officer
elsewhere, shall be admissible in evidence in any proceedings before a Board of
Reference

(a)if, at the time, the person by whom the deposition was made is not,
or cannot be found, in the Colony; and

(b)if the deposition is authenticated by the signature of the magistrate or
duly accredited consular officer before whom it was made.

(5) Any entry in the official log book of a ship or in any similar document,
and any document purporting to be a copy of any such entry and to be certified
as a true copy by any person specified in subsection (8), shall be admissible in
evidence and be prima facie evidence of the matters stated therein in proceedings
before a Board of Reference if the entry was made, and signed by the master and
some other member of the crew, within 24 hours after the occurrence to which it
relates or within such other time as may be allowed under the maritime law
applicable to the ship concerned. (Replaced, 16 of 1975, s. 4)

(6) Any deposition purporting to be signed by the magistrate or duly
accredited consular officer before whom it was made shall be deemed to have
been so signed until the contrary is proved.

(7) Any entry in the official log book kept in any ship, or in any similar
document, purporting to be signed by the master and another member of the
crew shall be deemed to have been so signed until the contrary is proved, and
any date and time purporting to be the date on and time at which any such
entry was made and signed shall be deemed to be the date on and time at which
the same was made and signed until the contrary is proved.

(8) For the purposes of subsection (5), a copy of an entry in an official log
book of a ship or in any similar document may be certified by

(a)a superintendent of a mercantile marine office in any part of the
Commonwealth;

(b) a duly accredited consular officer;





(e) a port authority;

(d) a notary public; or

(e) a commissioner for oaths,

or by any person who has functions similar to those of a port authority,
notary public or commissioner for oaths. (Replaced, 16 of 1975, s. 4)

(M) A copy of an entry in an official log book of a ship or in any
similar document purporting to be certified by any person specified in
subsection (8) shall be deemed to have been so certified until the
contrary is proved. (Added, 16 of 1975, s. 4)

(9) Subject to the provisions of subsections (4), (5), (6), (7) and (8),
a Board of Reference may receive and consider such evidence as it
thinks fit, notwithstanding that the evidence would not be admissible
in the courts of the Colony under the law relating to evidence.

(Amended, 10 of 1973, s. 17)

I,-

25. Save as provided in sections 26, 28 and 29, in the event of a
difference between the members of a Board of Reference on arty matter
arising in any proceedings before the Board of Reference on an appeal
under section 20 by a seaman or a case referred by the Authority under
section 21 to the Board of Reference, the decision shall be taken by the
votes of the majority.

26. (1) If, on the hearing of an appeal under section 20 by a seaman
on the ground that he disputes the ground on which his registration
was suspended, the Board of Reference unanimously affirms the
decision of the Superintendent, the Board of Reference shall dismiss the
appeal.

(2) If on the hearing of any such appeal the Board of Reference
does not unanimously affirm the decision of the Superintendent, the
Board of Reference shall direct him to withdraw the suspension of the
seaman's registration.

(3) On an appeal under section 20 by a seaman on the ground that
the period for which his registration was suspended by the
Superintendent is excessive, the Board of Reference may

(a) affirm the decision of the Superintendent;

(b)direct that the seaman's registration shall be suspended for
such shorter period, or for such longer period, not exceeding 24
months, as it thinks fit; or

(c)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.

(Replaced, 10 of 1973, s. 18)





27. (1) As soon as practicable, the Authority shall serve on the
seaman by whom the appeal was made a statement in writing of the
decision of the Board of Reference on an appeal under section 20,
including, in the case of an appeal under that section by a seaman on
the ground that he disputes the ground on which his registration was
suspended by the Superintendent, its findings of fact and the evidence
in support thereof.

(2) Where, pursuant to a direction of a Board of Reference given
under section 26(2), the Superintendent withdraws the suspension of
the registration of a seaman whose name appears in Part IV of the
register, whether or not the name of the seaman also appears in Part 1 of
the register, he shall forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appears ill Part IV of
the register.

(3) Where, on an appeal under section 20 by a seaman whose name
appears in Part IV of the register, whether or not the name of the seaman
also appears in Part 1 of the register, on the ground that the period for
which his registration was suspended by the Superintendent is
excessive, the Board of Reference directs that the seaman's registration
shall be suspended for a shorter period, the Superintendent shall
forthwith give notice Hi. writing of the decision of the Board of Reference
to every person in respect of whom the name of the seaman appears ill
Part IV of the register.

28. (1) If, oil the hearing of a case referred to a Board, of
Reference by the Authority under section 21 a reference
of the case to the Authority by the Superintendent in accordance
with section 17(3), the Board of Reference is unanimously satisfied,
as the case may be, that-

(a)after the commencement of this Ordinance, tile seaman has
been convicted in the Colony or elsewhere of ally offence
involving the import, export, sale or other dealing in or with, or
possession of ally dangerous drug. or

(b) the seaman has been convicted-

(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 11 of the
Prevention of Bribery Ordinance ill respect of any i-natter or
transaction whatsoever, actual or proposed, in which the
Seamen's Recruiting Office was concerned,

W

the Board of Reference may, subject to section 30, confirm the removal
of the name of the seaman from the register. (Amended, 10 of 1973, s.
19)

(2) If on the hearing of any such case the Board of Reference is not
unanimously satisfied as to the relevant ground specified in subsection
(1), the Board of Reference shall direct the Superintendent to restore the
name of the seaman to the register.





(3) Notwithstanding that on the hearing of any such case the Board
of Reference is unanimously satisfied as to the relevant ground
specified in subsection (1), the Board of Reference may direct the
Superintendent to restore the name of the seaman to the register.

29. (1) If, on the hearing of a case referred to a Board of Reference
by the Authority under section 21 following a reference of the case to
the Authority by the Superintendent under section 18(1)(ii), the Board of
Reference unanimously affirms the decision of the Superintendent, the
Board of Reference may, subject to section 30

(a)direct the Superintendent to remove the name of the seaman
from the register. or



(b)suspend the seaman's registration for such further period, not
exceeding 24 months, as it thinks fit.



(2) If on the hearing of any such case the Board of Reference does
not unanimously affirm the decision of the Superintendent, the Board of
Reference shall direct him to withdraw the suspension of the seaman's
registration.

(3) Notwithstanding that on the hearing of any such case the
Board of Reference, under subsection (1). unanimously affirms the
decision of the Superintendent, the Board of Reference may direct

him
(a)to withdraw the suspension of the seaman's registration and
issue him with a caution in writing to be of good behaviour in
the fut(b) to withdraw the suspension of the seaman's registration.
(Replaced, 10 of 1973, s. 20)

30. Where on the hearing of a case referred to a Board of
Reference by the Authority under section 21 the Board of Reference
considers that it may exercise the power conferred on ]it by section
28(1) or any of the powers conferred on it by as the
case may be, the chairman of the Board of Reference shall inform
the seaman thereof and the seaman shall be entitled to make to
the Board of Reference such representations with respect to the
exercise of that power as he may wish.

31. (1) As soon as practicable, the Authority shall serve on a
seaman whose case was referred by the Authority under section 21 to a
Board of Reference a statement in writing of the decision of the Board of
Reference on the case, including its findings of fact and the evidence in
support thereof.

(2) Where, pursuant to a direction of a Board of Reference given
under section 28(2) or (3), the Superintendent restores the name of a
seaman to Part IV of the register, whether or not the name of the seaman
is also restored to Part 1 of the register, he shall





forthwith give notice in writing thereof to every person in respect of
whom the name of the seaman appears in Part IV of the register.

(3) Where pursuant to a direction of a Board of Reference given
under section the Superintendent has removed from the register the
name of a seaman whose name appeared in Part IV of the register,
whether or not the name of the seaman also appeared in Part 1 of the
register, he shall forthwith give notice in writing thereof to every person
in respect of whom the name of the seaman appeared in Part IV of the
register.

(4) Where under section 29(1) a Board of Reference suspends for a
further period the registration of a seaman whose name appears in Part
IV of the register, whether or not the name of the seaman also appears in
Part 1 of the register, the Superintendent shall forthwith give notice in
writing thereof to every person in respect of whom the name of the
seaman appears in Part IV of the register, specifying the period for which
the suspension is to continue.

(5) Where pursuant to a direction of a Board of Reference given
under section 29(2) or (3), the Superintendent withdraws the suspension
of the registration of a seaman whose name appears in Part IV of the
register, whether or not the name of the seaman also appears in Part 1 of
the register, he shall forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appears in Part IV of
the register.



32. A seaman whose case was 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
case may, within 28 days after the service on him of the statement
required to be served on him by section 31(1), appeal to a judge of
the High Court. (Amended, 92 of 1975, s. 59)

(2) If on an appeal under subsection (1) the judge is of opinion that
the decision of the Board of Reference was erroneous in point of law

(a)he may allow the appeal and give such directions in the matter
as he thinks proper; or

(b)he may remit the matter to the Board of Reference for
determination in accordance with his decision on the point of
law.

(3) The Chief Justice may make rules providing for the practice and
procedure on any appeal under subsection (1).

(4) Subject to any rules made under subsection (3), the practice and
procedure on an appeal under subsection (1) shall be such as the judge
may determine.





33. Where-

(a)an appeal by a seaman under section 32 is allowed and by
reason thereof the Superintendent restores the name of the
seaman to Part IV of the register, whether or not the name of
the seaman is also restored to Part I of the register;

(b)an appeal under section 32 by a seaman whose name appears
in Part IV of the register, whether or not the name of the
seaman also appears in Part I of the register, is allowed and by
reason thereof the Superintendent withdraws the suspension
of the registration of the seaman;

(e)pursuant to the directions of a judge on an appeal by a
seaman under section 32, the Superintendent restores the
name of the seaman to Part IV of the register, whether or not
the name of the seaman is also restored to Part I of the
register; or

(d)pursuant to the directions of a judge on an appeal under
section 32 by a seaman whose name appears in Part IV of the
register, whether or not the name of the seaman also appears
in Part 1 of the register, the Superintendent withdraws the
suspension of the registration of the seaman,

the Superintendent shall give notice in writing thereof to every person
in respect of whom the name of the seaman appears in Part IV of the
register.

PART V

CONTROL OF RECRUITMENT, ENGAGEMENT AND
SUPPLY OF
SEAMEN FOR SERVICE IN FOREIGN-GOING SHIPS, AND
PROCEDURE IN AND IN CONNEXION WITH
SUPPLY OF SEAMEN BY SEAMEN'S
RECRUITING OFFICE

34. (1) Save as provided in subsection (8) of this section or section
40(1) or section 56(3) or section 74(3) or save with the permission of the
Superintendent, a person shall not recruit or engage any seaman for
service in a foreign-going ship, other than a seaman supplied in
accordance with the provisions of this Ordinance by a licensed
company or the Royal Fleet Auxiliary recruiting officer, except at or
through the Seamen's Recruiting Office. (Amended, 91 of 1975, s. 3)

(2) Save as provided in subsection (8) of this section or section
56(3) or section 74(3), a person, other than a licensed company or the
Royal Fleet Auxiliary recruiting officer, shall not supply any seaman for
service in a foreign-going ship. (Amended, 91 of 1975,s.3)





(3) A person shall not receive or accept for service in a foreign-
going ship any seaman if that person knows that the seaman has been
recruited, engaged or supplied in contravention of this section.

(4) The master of a foreign-going ship shall riot carry to sea any
seaman if he knows that the seaman has been recruited, engaged or
supplied in contravention of this section.

(5) Without prejudice to subsection (4), the master of a foreign-
going ship shall not, save with the permission of the



Superintendent, carry to sea any seaman, other than---

(a)a seaman who has been recruited or engaged pursuant to and
in accordance with subsection (8);

(b)a seaman who has been re-engaged for service under and in
accordance with section 40 or 64; or

(c)a seaman who has been supplied for service in accordance
with the provisions of this Ordinance by a licensed company
or the Royal Fleet Auxiliary recruiting officer, (Amended, 91 of
1975, s. 3)

who. having joined the ship in the Colony, has been recruited or
engaged otherwise than at or through the Seamen's Recruiting Office.

(6) Any person who contravenes any of the provisions of
subsection (1), (2) or (3) shall be guilty of an offence and shall be liable
on summary conviction

(a)in the case of a person other than a company, to a line of
$25,000 and to imprisonment for 2 years: or

(b) in the case of a company, to a fine of 550,000.

(7) In the event of a contravention of subsection (4) or (5), the
master and the owner or charterer of the ship, and the agent of the
master, owner or charcrer, shall each be guilty of an offence and shall be
liable on summary conviction

(a)in the case of a person other than a company, to a fine of
$25,000 and to imprisonment for 2 years, or

(b) in the case of a company, to a fine of $50,000.

(8) In any case of emergency, a seaman whose name appears in
Part 1 of the register and whose registration is not for the time being
suspended under section 17A(1), 17B(2)

18(1)(i) or (ii) e'

c

or suspended for a further period under sec section 29(1) may be
recruited or engaged for service in a foreign-going ship otherwise than
at or through the seamen's Recruiting Office or supplied for such
service by any person if- (Amended, 10 of 1973, s. 21)

(a)the Seamen's Recruiting Office is closed at the time the
seaman comes to be recruited. engaged or supplied, and

1











(b)the ship would be delayed if the recruitment or engagement of
the seaman were postponed until the time when seamen may
next be recruited or engaged at or through the Seamen's
Recruiting Office.

(9) Where, in proceedings for an offence under this section, the
defendant alleges that the case falls within subsection (8), it shall be on
the defendant to prove that

(a) the case was one of emergency; and

(b)the ship would have been delayed if the recruitment or
engagement of the seaman had been postponed until the time
when seamen might next have been recruited or engaged at or
through the Seamen's Recruiting Office.

c,

(10) Any permission granted by the Superintendent for the purposes
of subsection (1) shall be subject to such conditions as the
Superintendent may specify on the grant thereof.

(11) Notwithstanding section 26 of the Magistrates Ordinance, a
complaint or information in respect of an offence under this section may
be made or laid at any time within 3 years from the date of the offence.
(Added, 91 of 1975, s. 4)

35. (1) Without prejudice to any provision of the Merchant
Shipping Ordinance, the Director of Marine may, for the purposes of
this Ordinance, refuse to issue a port clearance in respect of any foreign-
going ship if the Superintendent notifies the Director of Marine that he
has reason to believe that a seaman who is about to be carried to sea in
that ship may have been recruited, engaged or supplied for service in
that ship in contravention of section 34.

(2) If any seaman in any foreign-going ship which is about to leave
any port of the Colony has been recruited, engaged or supplied for
service in that ship in contravention of section 34, the Director of
Marine may detain such ship until he is satisfied that such seaman will
not be carried to sea in that ship.

36. (1) A seaman shall not be supplied by the Seamen's Recruiting
Office for selection for service in a foreign-going ship

(a)unless his name appears in Part 1 of the register and he has
given notice to the Superintendent under section 38(1) that he
seeks to be engaged for such service; or

(b) if his registration is for the time being suspended under
section 17A(1), 17B(2) or 18(1)(i) or (ii) or suspended for
a further period under section, 29(1). (Amended, 10 of
1973,s.22)

(2) The method used in the Seamen's Recruiting Office for
mustering seamen whose names appear in Part 1 of the register to





be supplied for selection for service in foreign-going ships shall be
such as the Authority may determine after consultation with the
Advisory Board.

(3) A person intending to recruit a seaman at a muster held in the
Seamen's Recruiting Office shall make available thereat for inspection by
the seaman a copy of the articles of agreement on which it is proposed
to engage the seaman together with a statement of any variations
intended to be made in the terms and conditions of such agreement.
(Added, 10 of 1973, s. 22)

37. Nothing in this Ordinance shall be deemed to require that
seamen shall be supplied for selection for service in a foreigngoing ship
following a muster in accordance with the method determined by the
Authority under section 36(2) as the method to be used for mustering
seamen to be supplied for selection for service in foreign-going ships,
and, where the Superintendent thinks fit, he may permit seamen whose
names appear in Part 1 of the register and whose registration is not for
the time being suspended Under section 17A(1), 17BA2

18(1)(i) or (ii) or suspended for a further
period under section. 0-(' to offer themselves for service or for
selection for service in any particular post or posts in a foreign-going
ship.

(Amended.. 10 qf 1973, s. 23)

38. (1) When a seaman whose name appears in Part 1 of the register
seeks to be engaged through the Seamen's Recruiting Office for service
in a foreign-going ship, he shall give notice thereof to the
Superintendent.

(2) When, according to the method used in the Seamen's Recruiting
Office for mustering seamen who have given notice to the
Superintendent pursuant to subsection (1), a seaman is requested to
attend at the Seamen's Recruiting Office to be supplied for selection for
service in a foreign-going ship, a notice specifying the date on and time
at which he is required to attend shall be served on him.

(3) Every seaman supplied by the Seamen's Recruiting Office for
selection for service in a foreign-going ship, and every seaman offering
himself for selection for service in a foreign-going ship when permitted
to do so by the Superintendent under section 37, who is selected for
service in that ship shall be issued by the Superintendent with an
engagement card in the prescribed form and shall thereupon pay to the
Superintendent a fee of $4.

(4) If such a seaman who has been selected for service in a

11

foreign-going ship is not for any reason engaged for service in that
ship, he shall forthwith return to the Superintendent the engage-


ment card issued to him under subsection (3) and thereupon the
fee paid by the seaman pursuant to that subsection shall be refunded
to him.





(4A) Any such seaman who, having been selected for service in a
foreign-going ship, without reasonable excuse fails or refuses

c

(a) to sign the articles of agreement for service in that ship; or (b)
to join the ship or proceed to sea in the ship,

shall forfeit any fee paid by him pursuant to subsection (3).

(Added, 10 of 1973, s. 24)

(5) If, notwithstanding that he has given notice to the
Superintendent under subsection (1) that he seeks to be engaged for
service in a foreign-going ship, a seaman intends to take a holiday, he
shall give notice thereof to the Superintendent, specifying the days on
which he intends to take holiday.

39. (1) When a seman who has been selected for service in a foreign-
going ship, other than a Royal Fleet Auxiliary ship, after he has been
supplied for selection for service in that ship by the Seamen*s
Recruiting Office or after he has offered himself for selection for such
service when permitted to do so by the Superintendent under section 37
signs the articles of agreement for service in that ship or enters into any
other agreement (including an agreement known as a transit agreement)
for service therein, there shall be produced to the Superintendent of the
Mercantile Marine Office or the consular officer, as the case may be, at
the time the seaman signs the articles of agreement or other agreement
for service

(a)the engagement card issued to the seaman under section
38(3); and

(b)the seaman's service record book, (Amended, 16 of 1975, S.5)

and thereafter the seaman shall deliver the engagement card to the
master, owner or charterer of the ship or the agent of the master, owner
or charterer.

(2) If, at the time such a seaman who has been selected for service in
a foreign-going ship, other than a Royal Fleet Auxiliary ship, signs the
articles of agreement for service in that ship or enters into any other
agreement (including an agreement known as a transit agreement) for
service therein, the engagement card and the seaman's service record
book are not produced to the Superintendent of the Mercantile Marine
Office or the consular officer in accordance with subsection (1), the
master (if he was present at the time the articles of agreement or other
agreement were signed) and the owner or charterer of the ship, and the
agent of the master, owner or charterer, shall each be guilty of an offence
and shall be Aiable on summary conviction to a fine of $5,000.
(Amended, 16 of 1975, s. 5)

(3) A seaman who without reasonable excuse fails or refuses to
deliver the engagement card to the master, owner or charterer





of the ship, or the agent of the master, owner or charterer, in accordance
with subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

40. (1) If, at any time before a seaman whose name appears in Part 1
of the register is discharged from a foreign-going ship on the termination
of his agreement, the master, owner or charterer of that ship, or the agent
of the master, owner or charterer, has notified the Superintendent, by
delivering to him a re-engagement card in the prescribed form containing
such particulars as may be required thereby, that the seaman is to be re-
engaged for service in that ship, then, within 45 days after his discharge
from that ship, the seaman may be re-engaged for service therein
otherwise than at or through the Seamen's Recruiting Office, and
without payment of any fee, if, at the time he is re-engaged, his name
appears in Part 1 of the register and his registration is not for the time
being suspended under section 17A(1), 17B(2) or 18(1)(i) or (ii) or
suspended for a further period under section 29(1). (Amended, 10 of
1973, s. 25)

(2) Where a re-engagement card is delivered to the Superintendent
pursuant to subsection (1), the Superintendent shall enter therein the
date on which he received the same and return it to the master, owner or
charterer of the ship or the agent of the master, owner or charterer, who
may in his discretion retain it or deliver it to the seaman.

(3) When a seman who is being re-engaged for service in a foreign-
going ship pursuant to subsection (1) signs the articles of agreement for
service in that ship or enters into any other agreement (including an
agreement known as a transit agreement) for service therein, there shall
be produced to the Superintendent of the Mercantile Marine Office or
the consular officer, as the case may be, at the time the seaman signs the
articles of agreement or other agreement for service

(a)the re-engagement card delivered to the Superintendent
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, s.5)

and thereafter, if the re-engagement card was delivered to the seaman
under subsection (2), the seaman shall deliver it to the master, owner or
charterer of the ship or the agent of the master, owner or charterer.

(4) If, at the time a seaman who is being re-engaged for service in a
foreign-going ship pursuant to subsection (1) signs the articles of
agreement for service in that ship or enters into any other agreement
(including an agreement known as a transit agreement) for service
therein, the re-engagement card and the seaman's service record book
are not produced to the Superintendent of the





Mercantile Marine Office or the consular officer in accordance with
subsection (3), the master (if he was present at the time the articles of
agreement or other agreement were signed) and the owner or charterer
of the ship, and the agent of the master, owner or charterer, shall each
be guilty of an offence and shall be liable on summary conviction to a
fine of $5,000. (Amended, 16 of 1975, s. 5)

(5) A seaman who without reasonable excuse fails or refuses to
deliver the re-engagement card to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, in accordance with
subsection (3) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

40A. Whenever a seaman's engagement on a foreign-going ship is
for any reason terminated and it is not intended to re-engage him for
service in that ship, the master, owner or charterer of the ship, or the
agent of the master, owner or charterer, shall, within 1 month of the date
of the seaman's discharge from the ship, cause to be delivered to the
Superintendent a notice in the prescribed form of the intention not to re-
engage the seaman.

(Added, 10 of 1973, s. 26)

41. (1) When all the seamen who have been selected for service in a
foreign-going ship, other than a Royal Fleet Auxiliary ship, after they
have been supplied for selection for service in that ship by the Seamen's
Recruiting Office or after they have offered themselves for selection for
such service when permitted to do so by the Superintendent under
section 37 have been en-aged for such service, and all the seamen, if
any, being re-engaged for service in that ship pursuant to section 40(1)
have been re-engaged, the owner or charterer of the ship, or the agent of
the owner or charterer, shall within 7 days after the last day of the month
during which the engagement or re-engagement took place, and at the
same time(Amended, 10 of 1973, s. 27)

(a) deliver to the Superintendent-

(i) the engagement card issued under section 38(3) to each
such seaman engaged for service in that ship;

(ii) the re-engagement card delivered to the Superintendent
pursuant to section 40(1) in respect of each seaman re-
engaged for service in that ship, which shall contain, in
addition to the particulars entered therein pursuant to the said
section 40(1), particulars of the date on which the seaman was
so re-engaged; and

(iii) a notice in the prescribed form specifying the total
number of such seamen engaged for service in that ship and
containing such other particulars as may be required thereby;
and

(b)pay to the Superintendent in respect of each such seaman
engaged for service in that ship a fee of $4.





(2) In the event of a contravention of subsection (1), the
owner or charterer of the ship, and the agent of the owner or
charterer, shall be guilty of an offence and shall be liable on sum-
mary conviction to a fine of $5,000.

42. (1) When a seaman who has been selected for service in
a Royal Fleet Auxiliary ship after he has been supplied for selection
for service in a foreign-going ship by the Seamen's Recruiting Office
or after he has offered himself for selection for such service when
permitted to do so by the Superintendent under section 37 signs
the articles of agreement for service in that ship or enters into any
other agreement (including an agreement known as a transit agree-
ment) for service therein, there shall be produced to the Superin-
tendent of the Mercantile Marine Office at the time the seaman
signs the articles of agreement or other agreement for service-

(a)the engagement card issued to the seaman under section
38(3); and
(b) the seaman's service record book,

and thereafter the seaman shall deliver the engagement card to the
Royal Fleet Auxiliary recruiting officer. (Amended, 16 of 1975,
s. 5, and 91 of 1975, s. 3)

(2) When all the seamen who have been selected for service
in a Royal Fleet Auxiliary ship after they have been supplied for
selection for service in that ship by the Seamen's Recruiting Office
or after they have offered themselves for selection for such service
when permitted to do so by the Superintendent under section 37
have been engaged for such service, the Royal Fleet Auxiliary
recruiting officer shall, within 7 days after the last day of the month
during which the engagement took place, and at the same time-
(Amended, 10 of 1973, s. 28, and 91 of 1975, s. 3)

(a) deliver to the Superintendent-
(i) the engagement card issued under section 38(3) to
each such seaman engaged for service in that ship; and
(ii) a notice in the prescribed form specifying the total
number of such seamen engaged for service in that ship
and containing such other particulars as may be required
thereby; and

(b)pay to the Superintendent in respect of each such seaman
engaged for service in that ship a fee of $4.

(3) A seaman who without reasonable excuse fails or refuses
to deliver the engagement card to the Royal Fleet Auxiliary recruit-
ing officer in accordance with subsection (1) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $500.
(Amended, 91 of 1975, s. 3)





43. (1) When under section 37 the Superintendent permits a seaman
to offer himself for service in a foreign-going ship, he shall issue the
seaman with an emergency engagement card in the prescribed form, and
thereupon the seaman shall, if so required by the Superintendent, pay to
him a fee of 54.

(2) When a seaman to whom an emergency engagement card has
been issued under subsection (1) signs the articles of agreement for
service in that ship or enters into any other agreement for

cl

service therein-

(a) there shall be produced-

(i) to the Superintendent of the Mercantile Marine Office or
the consular officer, as the case may be; or

(ii) if the articles of agreement or other agreement for service
are not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office or the
consular officer, to the master of the ship,

at the time the seaman signs the articles of agreement or other
agreement for service

(iii) the emergency engagement card issued to the seaman
under subsection (1); and

(iv) the seaman's service record book; and (Amended, 16 of
1975, s. 5)

(b)the seaman shall pay to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, a fee of $4,
unless, pursuant to a requirement of the Superintendent under
subsection (1), such fee has been paid to the Superintendent,

and thereafter the seaman shall deliver the emergency engagement card
to the master, owner or charterer of the ship or the agent of the master,
owner or charterer.

(3) When a seman to whom an emergency engagement card has
been issued under subsection (1) has been engaged for service in that
ship, the owner or charterer of the ship, or the agent of the owner or
charterer, shall, within 7 days after the last day of the month during
which the engagement took place, and at the same time- (Amended, 10
of 1973, s. 29)

(a) deliver to the Superintendent-

(i) the emergency engagement card issued to the seaman
under subsection (1); and

(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman as
may be required thereby and, where the seaman was permitted
under section 37 to offer himself for service in that ship at the
request of the owner or charterer thereof or the agent of the
owner or charterer, a statement of the reason for such request;
and





(b)pay to the Superintendent in respect of the seaman a fee of $8
or, if pursuant to a requirement of the Superintendent under
subsection (1) the sesman has paid to the Superintendent the
fee of $4, a fee of $4.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) If, at the time a seaman to whom an emergency engagement card
has been issued under subsection (1) signs the articles of agreement for
service in that ship or other agreement for service therein, the emergency
engagement card and the seaman's service record book are not produced
to the Superintendent of the Mercantile Marine Office or the consular
officer or the master of the ship in accordance with subsection (2), then-
(Amended, 16 of 1975, s. 5)

(a)if the articles of agreement or other agreement for service were
signed in the presence of the Superintendent of the Mercantile
Marine Office or the consular officer, the master (if he was
present at the time the articles of agreement or other agreement
were signed) and the owner or charterer of the ship, and the
agent of the master, owner or charterer, shall each be :guilty of
an offence and shall be liable on summary conviction to a fine
of S5,000: and

(b) if the articles of agreement or other agreement for service

C

were riot signed in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer, the master er
of the ship shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5,000.

(6) In the event of a contravention of subsection (3), the owner or
charterer of the ship, and the agent of the owner or charterer, shall be
guilty of an offence and shall be liable on summary conviction to a fine
of $5,000.

(7) A seaman who-

(a)without reasonable excuse, fails or refuses to deliver the
emergency engagement card to the master, owner or charterer
of the ship, or the agent of the master, owner or charterer, in
accordance with subsection (2); or

(b)fails or refuses to pay to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, the fee of
$4 in accordance with subsection (2)(b),

shall be guilty of an offence and shall be liable on summary conviction
to a fine of 5500.

(8) If a seaman to whom an emergency engagement card has been
issued under subsection (1) is not for any reason engaged for service in
that ship, he shall forthwith return the emergency engage





ment card to the Superintendent and thereupon, if pursuant to a
requirement of the Superintendent under subsection (1) the seaman
has paid the fee of $4, the same shall be refunded to him.

44. (1) When under section 37 the Superintendent permits a
seaman to offer himself for service in a Royal Fleet Auxiliary ship,
he shall issue the seaman with an emergency engagement card in
the prescribed form, and thereupon the seaman shall, if so required
by the Superintendent, pay to him a fee of 54.

(2) When a seaman to whom an emergency engagement card
has been issued under subsection (1) signs the articles of agreement
for service in that ship or enters into any other agreement for service
therein-

(a) there shall be produced-
(i) to the Superintendent of the Mercantile Marine
Office; or
(ii) if the articles of agreement or other agreement for
service are not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office, to the
master of the ship,

at the time the seaman signs the articles of agreement or
other agreement for service-
(iii) the emergency engagement card issued to the
seaman under subsection (1); and
(iv) the seaman's service record book; and (Amended,
16 of 1975, s. 5)

(b)the seaman shall pay to the Royal Fleet Auxiliary recruiting
officer a fee of 54, unless, pursuant to a requirement of
the Superintendent under subsection (1), such fee has been
paid to the Superintendent,

and thereafter the seaman shall deliver the emergency engagement
card to the Royal Fleet Auxiliary recruiting officer. (Amended, 91
of 1975, s. 3)

(3) When a seaman to whom an emergency engagement card
has been issued under subsection (1) has been engaged for service
in that ship, the Royal Fleet Auxiliary recruiting officer shall, within
7 days after the last day of the month during which the engagement
took place, and at the same time- (Amended, 10 of 1973, s. 30,
and 91 of 1975, s. 3)
(a) deliver to the Superintendent-
(i) the emergency engagement card issued to the seaman
under subsection (1); and
(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman
as may be required thereby and, where the seaman was





permitted under section 37 to offer himself for service in
that ship at the request of the Royal Fleet Auxiliary
recruiting officer, a statement of the reason for such request;
and (Amended, 91 of 1975, s. 3)
(b)pay to the Superintendent in respect of the seaman a fee
of $8 or, if pursuant to a requirement of the Superintendent
under subsection (1) the seaman has paid to the Superin-
tendent the fee of $4, a fee of $4.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1
seaman.

(5) If a seaman to whom an emergency engagement card has
been issued under subsection (1) is not for any reason engaged for
service in that ship, he shah forthwith return the emergency engage-
ment card to the Superintendent and thereupon, if pursuant to a
requirement of the Superintendent under subsection (1) the seaman
has paid the fee of $4, the same shall be refunded to him.

(6) A seaman who-

(a)without reasonable excuse, fails or refuses to deliver the
emergency engagement card to the Royal Fleet Auxiliary
recruiting officer in accordance with subsection (2); or
(b)fails or refuses to pay to the Royal Fleet Auxiliary recruiting
officer the fee of $4 in accordance with subsection (2)(b),

shall be guilty of an offence and shall be liable on summary con-
viction to a fine of 5500. (Amended, 91 of 1975, s. 3)

45. (1) Whenever a seaman is to be engaged for service in
a foreign-going ship, other than a Royal Fleet Auxiliary ship,
pursuant to section 34(8), the owner or charterer of the ship, or
the agent of the owner or charterer, shall complete in respect of
that seaman an emergency engagement card in the prescribed form
so as to contain the particulars requited thereby, and in the dis-
cretion of the owner or charterer, or the agent of the owner or
charterer, the card may be retained by him or delivered to the
seaman.

(2) When such seaman signs the articles of agreement for
service in that ship or enters into any other agreement for service
therein-

(a) there shall be produced-
(i) to the Superintendent of the Mercantile Marine
Office or the consular officer, as the case may be; or
(ii) if the articles of agreement or other agreement for
service are not signed in the presence of the Superintendent
of the Mercantile Marine Office or the consular officer, to
the master of the ship,





at the time the seaman signs the articles of agreement or
other agreement for service-
(iii) the emergency engagement card completed in
respect of the seaman pursuant to subsection (1); and
(iv) the seaman's service record book; and (Amended,
16 of 1975, s. 5)
(b)the seaman shall pay to the master, owner or charterer of
the ship, or the agent of the master, owner or charterer, a
fee of $4.

and thereafter, if the emergency engagement card was delivered to
the seaman under subsection (1), the seaman shall deliver it to the
master, owner or charterer of the ship or the agent of the master,
owner or charterer.

(3) When such seaman has been engaged for service in that
ship, the owner or charterer of the ship, or the agent of the owner
or charterer, shall, within 7 days after the last day of the month
during which the engagement took place, and at the same time-
(Amended, 10 of 1973, s. 31)
(a) deliver to the Superintendent-
(i) the emergency engagement card completed in respect
of the seaman pursuant to subsection (1); and
(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman
as may be required thereby and a statement of the reason
for the engagement of the seaman pursuant to section 34(8);
and

(b)pay to the Superintendent in respect of the seaman a fee
of $8.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1
seaman.

(5) If, at the time a seaman who is being engaged for service
in a foreign-going ship pursuant to section 34(8) signs the articles
of agreement for service in that ship or other agreement for service
therein, the emergency engagement card and the seaman's service
record book are not produced to the Superintendent of the Mercan-
tile Marine Office or the consular officer or the master of the ship in
accordance with subsection (2), then- (Amended, 16 of 1975, s. 5)
(a)if the articles of agreement or other agreement for service
were signed in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer, the
master (if he was present at the time the articles of agree-
ment or other agreement were signed) and the owner or
charterer of the ship, and the agent of the master, owner
or charterer, shall each be guilty of an offence and shall
be liable on summary conviction to a fine of $5,000; and





(b)if the articles of agreement or other agreement for service
were not signed in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer, the master of
the ship shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5,000.

(6) In the event of a contravention of subsection (3), the owner or
charterer of the ship, and the agent of the owner or charterer, shall be
guilty of an offence and shall be liable on summary conviction to a fine
of $5,000.

(7) A seaman who-

(a)without reasonable excuse, fails or refuses to deliver the
emergency engagement card to the master, owner or charterer
of the ship, or the agent of the master, owner or charterer, in
accordance with subsection (2); or

(b)fails or refuses to pay to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, the fee of
$4 in accordance with subsection (2)(b),

shall be guilty of an offence and shall be liable on summary conviction
to a fine of $500.

46. (1) Whenever a seaman is to be en-aged for service in a Royal
Fleet Auxilary ship pursuant to section 34(8), the Royal Fleet Auxiliary
recruiting officer shall complete in respect of that seaman an emergency
engagement card in the prescribed form so as to contain the particulars
required thereby, and. in the discretion of the Royal Fleet Auxiliary
recruiting officer, the card may be retained by him or delivered to the
seaman.

(2) When such seaman signs the articles of agreement for service
in that ship or enters into any other agreement for service therein

(a) there shall be produced-

(i) to the Superintendent of the Mercantile Marine Office; or

(ii) if the articles of agreement or other agreement for service
are not signed in the presence of the Superintendent of the
Mercantile Marine Office, to the master of the ship,

at the lime the seaman signs the articles of agreement or other
agreement for service

(iii) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and

(iv) the seaman's service record book; and (Amended, 16 of
1975, s. 5)

(b)the seaman shall pay to the Royal Fleet Auxiliary recruiting
officer a fee of $4,





and thereafter, if the emergency engagement card was delivered to the
seaman under subsection (1), the seaman shall return it to the Royal
Fleet Auxiliary recruiting officer.

(3) When such seaman has been engaged for service in that ship,
the Royal Fleet Auxiliary recruiting officer shall, within 7 days after the
last day of the month during which the engagement took place, and at
the same time- (Amended, 10 of 1973, s. 32)

(a) deliver to the Superintendent-

(i) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and

(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman as
may be required thereby and a statement of the reason for the
engagement of the seaman pursuant to section 34(8); and

(b)pay to the Superintendent in respect of the seaman a fee of $8.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) A seaman who-

(a) without reason able excuse, fails or refuses to deliver the
emergency engagement card to the Royal Fleet Auxiliary
recruiting officer in accordance with subsection (2); or

(b)fails or refuses to pay to the Royal Fleet Auxiliary recruiting
officer, the fee of $4 in accordance with subsection (2)(b),
shall be guilty of an offence and shall be liable on summary con-
viction to a fine of $500.

(Amended, 91 of 1975, s. 3)

PART VI

LICENSING AND CONTROL OF CREW DEPARTMENTS

47. (1) Save as provided in section 50, the Authority shall, on
payment of a fee of $5,000 grant a licence to maintain a crew department
to any company

(a)whose objects as set forth in the company's memorandum of
association include the carrying on of the business of
shipowner or the business of managing ships or the business
of acting as agent for a shipowner; and

(b) which in the opinion of the Authority is capable of main-

taining a crew department.(Replaced, 10 of 1973, s. 33)





(2) Every licence granted under this section shall be valid for 12
months and, save as provided in section 50, shall, on payment of a fee
of $5,000 be renewed for a period of 12 months at any one time.

(3) Upon the grant or renewal of a licence under this section, the
Authority may impose upon the licensed company such conditions as
he thinks fit.

48. (1) An application for the grant or renewal of a licence under
section 47 shall

(a)be in the prescribed form and contain the particulars required
thereby;

(b)be accompanied by such particulars, in the prescribed form, in
relation to each person employed or to be employed in the
crew department as may be required by such form; and

(c)be accompanied by such other particulars, in the prescribed
form, as may be required by such form.

(2) An application for the renewal of a licence under section 47
shall be made not less than 3 months before the expiry of the licence.

49. In addition to the particulars supplied in accordance with
section 48(1), the Authority may require a company applying for the
grant or renewal of a licence under section 47 to furnish to him such
information as he may specify, being information that is required for the
purposes of, or in connexion with, the exercise by the Authority of the
powers vested in him by section 50.

50. (1) The Authority, after consultation with the Advisory Board,
may refuse to grant or renew a licence under section 47

(a)if the application therefor is not made in accordance with
section 48;

(b)if he is satisfied that any of the particulars set forth in the
application therefor, or any of the particulars accompanying
such application in accordance with section 48(1), is false in a
material particular;

(c)if the company applying for the grant or renewal of the licence
refuses or fails to furnish him with any information required to
be furnished under section 49 or furnishes any such
information which is false in a material particular;

(d) unless he is satisfied that-

(i) the number of posts for which the crew department
supplies or will supply seamen is not or will not be less than
200;





(ii) the person who is specified in the application therefor as
the person who is or will be in charge of the crew department
is a fit and proper person to be in charge thereof and every
other person who is or will be employed in the crew
department is a fit and proper person to be employed therein;

(iii) the staff of the crew department, the salary or wages
paid to each member of such staff and the accommodation
provided for the use of the crew department, together with the
facilities available therein, are suitable and adequate;

(iv) suitable and adequate facilities and staff are or will be
provided by the company applying for the grant or renewal of
the licence for dealing with such allotments or remittances as
may be made by seamen supplied by the crew department for
service in foreign-going ships; and

(y) the terms on which seamen are engaged for service in all
foreign-going ships for service in which the crew department
supplies or will supply seamen are such as to induce seamen
to continue to serve in such ships;

(e)if any person who is or has been an officer or other employee
of the company applying for the grant or renewal of the
licence, or any person who, notwithstanding that he is not or
was not an officer or other employee of such company,
controls, directs or manages or has controlled, directed or
managed, or takes or has taken any part in the management of,
the business of such company, has at any time

(i) owned, either wholly or together with other persons, or
managed, or taken any part in the management of, any
boarding house commonly used by seamen or any business
by which any such boarding house is or was carried on or any
business engaged in the recruitment or supply of seamen; or

(ii) been employed in any such boarding house or business
or by any company carrying on any such business; or

if, where the company applying for the grant or renewal of the
licence does not own, charter or manage any foreigngoing
ships, the Authority intends, in exercise of the power
conferred by section 55, not to approve any person, in the
case of that company, for the purposes of the said section
55(1).

(2) In addition to the grounds specified in subsection (1), the
Authority may, after consultation with the Advisory Board, refuse to
grant a licence under section 47





(a)if the company applying for the licence has at any time
engaged in the recruitment or supply of seamen; or

(b)if in his opinion the interest of seamen, or of seamen who
would or might be recruited by the crew department in respect
of which the licence is applied for, will best be served by
refusing to grant the licence.

(3) In addition to the grounds specified in subsection (1), the
Authority may, after consultation with the Advisory Board, refuse to
renew a licence under section 47

(a) if there is or has been a contravention of-

(i) any of the provision of this Ordinance or any
requirement of the Authority or the Superintendent under this
Part; or

(ii) any condition imposed under section 47(3) on the grant
or renewal of the licence;

(b)if any person other than a member of the staff of the licensed
company employed in the licensed crew department or an
officer of the Seamen's Recruiting Office has taken any part
whatsoever, or assisted in any way, in the recruitment or
supply of any seamen supplied by the licensed company for
service in a foreign-going ship;



(e)if any person employed by the licensed company, by himself
or by or in conjunction with any other person, has corruptly
solicited or received, or agreed to receive, for himself or for
any other person, any gift, loan, fee, reward or advantage
whatsoever as an inducement to, or reward for, or otherwise
on account of any person employed by the licensed company
doing or forbearing to do anything in respect of any matter or
transaction whatsoever, actual or proposed, in which the
licensed crew department was concerned; or

(d)if any seaman has been supplied by the licensed company for
service in any foreign-going ship other than such a ship
owned, chartered or managed by the licensed company or by a
person approved by the Authority, in the case of the licensed
company, for the purposes of section 55(1).

51. Where the Authority refuses to grant or renew a licence under
section 47, he shall give notice in writing thereof to the company
applying for the grant or renewal thereof.

52. If a licensed company does not intend to apply for the renewal
of its licence under section 47, notice thereof in writing shall be given to
the Superintendent not less than 3 months before the expiry of the
licence.





53. (1) A licence granted under section 47 may be cancelled by the
Authority at any time, after consultation with the Advisory Board, in
any of the following cases, that is to say

(a) if there is or has been a contravention of-

(i) any of the provisions of this Ordinance or any
requirement of the Authority or the Superintendent under this
Part; or

(ii) any condition imposed under section 47(3) on the grant
or renewal of the licence;

(b)if he is not satisfied that the person in charge of the licensed
crew department is a fit and proper person to be in charge
thereof;

(c)if any person who is or has been an officer or other employee
of the licensed company, or any person who, notwithstanding
that he is not or was not an officer or other employee of such
company, controls, directs or manages or has controlled,
directed or managed, or takes or has taken any part in the
management of, the business of such company, has at any time

(i) owned, either wholly or together with other persons, or
managed, or taken any part in the management of, any
boarding house commonly used by seamen or any business
by which any such boarding house is or was carried on or any
business engaged in the recruitment or supply of seamen; or

(ii) been employed in any such boarding house or business
or by any company carrying on any such business;

(d)if any person other than a member of the staff of the licensed
company employed in the licensed crew department or an
officer of the Seamen's Recruiting Office has taken any part
whatsoever, or assisted in any way, in the recruitment or
supply of any seaman supplied by the licensed company for
service in a foreign-going ship;

(e)if any person employed by the licensed company, by himself
or by or in conjunction with any other person, has corruptly
solicited or received, or agreed to receive, for himself or for any
other person, any gift, loan, fee, reward or advantage
whatsoever as an inducement to, or reward for, or otherwise on
account of any person employed by the licensed company
doing or forbearing to do anything in respect of any matter or
transaction whatsoever, actual or proposed, in which the,
licensed crew department was concemed; or

if any seaman has been supplied by the licensed company for
service in any foreign-going ship other than such a ship
owned, chartered or managed by the licensed company or





by a person approved by the Authority, in the case of the
licensed company, for the purposes of section 55(1).

(2) Whenever the Authority cancels any licence granted under
section 47, he shall forthwith give to the company notice in writing of
the cancellation, together with a statement of the ground on which the
licence was cancelled, and the cancellation shall take effect upon the
expiry of a period of 28 days after the giving of such notice.

54. (1) Any company aggrieved by-

(a)a refusal of the Authority to grant or renew a licence under
section 47;

(b)any condition imposed by the Authority under section 47(3)
on the grant or renewal of any such licence;

(c)a refusal of the Authority to approve any person, in the case
of that company, for the purposes of section 55(1); or

(d) the cancellation of its licence under section 47,

may-

(i) in the first-mentioned case, within 28 days after the giving of
the notice under section 51;

(ii) in the second-mentioned case, within 28 days after the grant or
renewal of the licence;

(iii) in the third-mentioned case, within 28 days after the giving of
the notice under section 55(3); or

(iv) in the fourth-mentioned case, within 28 days after the giving of
the notice under section 53(2),

or within such further period as the Governor in Council may allow in
any such case, appeal by way of petition to the Governor in Council.

(2) Upon any such appeal, the Governor in Council may confirm,
reverse or vary the decision of the Authority and may exercise any
power which the Authority might have exercised.

55. (1) A licensed company may supply seamen for service in
foreign-going ships that the company owns, charters or manages or for
service in foreign-going ships that are owned, chartered or managed by
such other persons as the Authority may think fit to approve on the
grant of the licence and thereafter whenever the licence is renewed.

(2) Without prejudice to the discretion conferred on the Authority
with respect to the approval of persons for the purposes of subsection
(1), the Authority may refuse to approve any person unless he is
satisfied that the terms on which seamen are engaged





for service in all foreign-going ships that he owns, charters or manages
are such as to induce seamen to continue to serve in such ships.

(3) Where the Authority refuses to approve any person for the
purposes of subsection (1), he shall give notice in writing thereof to the
licensed company.

56. (1) Save as provided in subsection (3), a seaman shall not be
supplied by a licensed company for service in a foreign-going ship
unless his name appears in the crew department list kept in the licensed
crew department maintained by such company.

(2) After the Superintendent has given notice in writing to a
licensed company under section 17A(3), 17B(3), 18(4) or 31(4) that the
registration of a seaman whose name appears in Part IV of the register in
respect of the licensed company has been suspended or suspended for a
further period, as the case may be, the licensed crew department
maintained by such company shall not supply that seaman for service in
a foreign-going ship at any time while his registration continues to be
suspended. (Amended, 10 of 1973, s.34)

(3) If, in any case of emergency-

(a)a suitable seaman whose name appears in the crew department
list kept in the licensed crew department is not available; and

(b)the Seamen's Recruiting Office is closed at the time the seaman
comes to be supplied; and

(c)the ship would be delayed if the recruitment or supply of the
seaman were postponed until the time when seamen may next
be recruited or engaged at or through the Seamen's Recruiting
Office,

a licensed company may, notwithstanding that the name of the seaman
does not appear in the crew department list kept in the licensed crew
department maintained by such company, supply for service in a foreign-
going ship a seaman who has been recruited otherwise than at or
through the Seamen's Recruiting Office if the name of the seaman
appears in Part 1 of the register and his registration is not for the time
being suspended under section 17A(1), 17B(2) or 18(1)(i) or (ii) or
suspended for a further period under 5 c ion 29(1), and any person who
in any such case recruits such seaman or supplies him to the licensed
company shall not thereby contravene subsection (1) or (2), as the case
may be, of section 34. (Amended, 10 of 1973, s. 34)

57. (1) There shall be kept in a licensed crew department, in such
form and manner as the Superintendent has approved, a list containing
the names of all seamen whose names for the time being appear in Part
IV of the register in respect of the licensed company by which the
licensed crew department is maintained.





(2) The name of a seaman shall not be entered in the crew
department list kept in a licensed crew department unless his name
appears in Part IV of the register in respect of the licensed company
by which the licensed crew department is maintained.

(3) A seaman may at any time give notice to a licensed com-
pany that he wishes to have his name removed from the crew
department list kept in the licensed crew department maintained
by such company and his name shall thereupon be removed from
such list.

(4) A licensed company may at any time remove the name of
a seaman from the crew department list kept in the licensed crew
department maintained by such company.

(5) Whenever, under subsection (3) or (4), the name of a
seaman is removed from the crew department list, the licensed
company shall forthwith give notice thereof to the Superintendent,
together with a statement of the ground on which it was removed.

(6) Where the Superintendent has given notice in writing to
a licensed company under section 17(4) or 31(3) that the name of
a seaman whose name appeared in Part IV of the register in respect
of that licensed company has been removed from the register, the
licensed company shall forthwith remove the name of the seaman
from the crew department list kept in the licensed crew department
maintained by such company.

(7) Where the Superintendent has given notice in writing to
a licensed company under section 31(2) or under section 33 that
the name of a seaman whose name appeared in Part IV of the
register in respect of that licensed company has been restored to
Part IV of the register, the licensed company shall forthwith restore
the name of the seaman to the crew department list from which it
was removed in accordance with subsection (6).

58. (1) IF, after such inquiry as he thinks fit, the Superin-
tendent considers that the name of a seaman was removed under
section 57(4) from the crew department list without any or any
sufficient cause, the licensed company shall, if so required by the
Superintendent, restore the name of the seaman to the list.

(2) A decision of the Superintendent that the name of a seaman
was so removed from a crew department list shall be final.

59. (1) There shall be kept in a licensed crew department, in
such form and manner as the Superintendent has approved-

(a)a record containing the name of each seaman, being a
seaman whose name appears in the crew department list,
who is for the time being waiting to be supplied for service
in a foreign-going ship owned, chartered or managed by
the licensed company; and





(b)save as provided in subsection (2), a separate record in
respect of each person approved in the case of the licensed
company for the purposes of section 55(1) containing the
name of each seaman, being a seaman whose name appears
in the crew department list, who is for the time being
waiting to be supplied for service in a foreign-going ship
owned, chartered or managed by that person.

(2) In lieu of the separate records in respect of each person
approved in the case of a licensed company for the purposes of
section 55(1) required to be kept by subsection (1)(b), there may,
with the permission of the Authority, be kept in a licensed crew
department, in such form and manner as the Superintendent has
approved, one record containing the names of all seamen who are
for the time being waiting to be supplied for service in foreign-going
ships owned, chartered or managed by all persons approved in the
case of that licensed company for the purposes of section 55(1) or
by such of those persons as the Authority may permit.

(3) The names of seamen shall be entered in a record kept
pursuant to or under the provisions of this section by such method
or in such manner as the Superintendent has approved.

(4) Any such record shall contain in respect of each seaman
whose name appears therein such particulars as the Superintendent
may require.

60. (1) Without prejudice to any other provision of this
Ordinance, there shall at all times be displayed in a conspicuous
position in a part of a licensed crew department to which seamen
have access-

(a)a notice or notices containing the name of each seaman,
being a seaman whose name appears in the crew depart-
ment list, who is for the time being waiting to be supplied
for service in a foreign-going ship owned, chartered or
managed by the licensed company;

(b)save as provided in subsection (2), a separate notice or
separate notices in respect of each person approved in the
case of the licensed company for the purposes of section
55(1) containing the name of each seaman, being a seaman
whose name appears in the crew department list, who is for
the time being waiting to be supplied for service in a
foreign-going ship owned, chartered or managed by that
person;

(e)a notice or notices specifying the wages paid to each rating
of seamen by the owner or charterer of each foreign-going
ship for service in which the licensed company supplies
seamen;





(d)a copy, in the English language and the Chinese language, of
the articles of agreement, or other agreement for service, used
in each foreign-going ship for service in which the licensed
company supplies seamen;

(e)a notice setting forth, in the English language and the Chinese
language, the provisions of section 73; and

such other notices or documents as may be required by the
Superintendent.

(2) In lieu of the separate notice or notices in respect of each person
approved in the case of the licensed company for the purposes of
section 55(1) required by subsection (1)(b) to be displayed in a licensed
crew department, there may, with the permission of the Authority, be
displayed in a licensed crew department, in such form and manner as the
Superintendent has approved, a notice or notices containing the names
of all seamen who are for the time being waiting to be supplied for
service in foreign-going ships owned, chartered or managed by all
persons approved in the case of that licensed company for the purposes
of section 55(1) or by such of those persons as the Authority may
permit.

(3) The notice or notices displayed in a licensed crew department
pursuant to subsection (1)(a) or (b) or under subsection (2) shall be in
such form as the Superintendent has approved and shall be in both the
English language and the Chinese language.

(4) Any notice or other document displayed in a licensed crew
department pursuant to subsection (1)(f) shall be in the English
language and, if so required by the Superintendent, in the Chinese
language.

(5) The names of seamen shall be entered in the notice or notices
displayed in a licensed crew department pursuant to subsection (1)(a) or
(b) or under subsection (2) by such method or in such manner as the
Superintendent has approved.

(6) The notice or notices displayed in a licensed crew department
pursuant to subsection (1)(a) or (b) or under subsection (2) shall be
deemed to contain the names of all seamen who are for the time being
waiting to be supplied for service in such foreign-going ships as are
referred to in the said subsection (1)(a) or (b) or in the said subsection
(2), as the case may be

(a)if the notice or notices contains or contain the names of all
seamen waiting to be supplied for service in such ships on the
day on which the notice or notices was or were first displayed
and the notice or notices has not or have not been displayed
for more than 16 days; or

(b)if the notice or notices has or have been revised within the
preceding 16 days so that it or they contains or contain the
names of all seamen waiting to be supplied for service in such
ships on the day on which the notice or notices was

or were so revised.(Amended, 10 of 1973, s. 35)





(7) A notice displayed in a licensed crew department pursuant to
subsection (1)(a) or (b) or under subsection (2) shall have marked
thereon

(a) the date on which it was first so displayed; and

(b)if it has been revised, the date on which it was revised or last
revised, as the case may be.

61. (1) The method or methods used in a licensed crew department
to select seamen whose names are entered in the crew department list to
be supplied

(a)for service in foreign-going ships that are owned, chartered or
managed by the licensed company; or

(b)for service in foreign-going ships that are owned, chartered or
managed by a person approved in the case of the licensed
company for the purposes of section 55(1),

shall be such as the Authority has approved.

(2) At all times, there shall be displayed in a conspicuous position
in a part of a licensed crew department to which seamen have access a
notice or notices, in the English language and the Chinese language,
specifying the approved method or methods used in the licensed crew
department to select seamen to be supplied for service in foreign-going
ships for which the licensed company supplies seamen.

62. (1) Save as provided in section 64(1), a licensed company shall
pay to the Superintendent, in respect of every seaman supplied by it for
service in a foreign-going ship and engaged for such service, a fee of
$8.

(2) A licensed company may, before or after it has paid to the
Superintendent the fee required to be paid by subsection (1), require
any such seaman to pay to it, by way of a contribution to such fee, any
sum not exceeding $4.

63. (1) Whenever a seaman whose name appears in the crew
department list is supplied by a licensed company for service in a
foreign-going ship, an engagement card in the prescribed form shall be
completed in respect of that seaman so as to contain the particulars
required thereby, and, in the discretion of the licensed company, the
card may be. retained by the company or delivered to the seaman.

(2) When such seaman signs the articles of agreement for service in
that ship or enters into any other agreement (including an agreement
known as a transit agreement) for service therein, there shall be
produced to the Superintendent of the Mercantile Marine Office or the
consular officer, as the case may be, at the time the seaman signs the
articles of agreement or other agreement for service





(a)the engagement card completed in respect of the seaman
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, S.5)

and thereafter, if the engagement card was delivered to the seaman
under subsection (1), the seaman shall return it to the licensed
company.

(3) If, at the time such seaman signs the articles of agreement for
service in that ship or enters into any other agreement (including an
agreement known as a transit agreement) for service therein, the
engagement card and the seaman's service record book are not produced
to the Superintendent of the Mercantile Marine Office or the consular
officer in accordance with subsection (2), the licensed company shall be
guilty of an offence and shall be liable on summary conviction to a fine
of $5,000. (Amended, 16 of 1975, s.5)

(4) A seaman who without reasonable excuse fails or refuses to
return the engagement card to the licensed company in accordance with
subsection (2) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

64. (1) If, at any time before a seaman whose name appears in the
crew department list kept in the licensed crew department maintained by
a licensed company is discharged on the termination of his agreement
from a foreign-going ship for service in which the licensed crew
department is permitted by section 55 to supply seamen, the licensed
company has notified the Superintendent, by delivering to him a re-
engagement card in the prescribed form containing such particulars as
may be required thereby, that the seaman is to be re-engaged for service
in that ship, then, within 45 days after his discharge from that ship, the
seaman may be re-engaged for service therein without payment of any
fee if, at the time he is re-engaged, the name of the seaman appears in
the crew department list and the Superintendent has Pot given notice in
writing to the licensed company under section 17A(3), 17B(3), 18(4) or
31(4) that the registration of the seaman has been suspended or
suspended for a further period, as the case may be. (Amended, 10 of
1973, s. 36)

(2) Where a re-engagement card is delivered to the Superintendent
pursuant to subsection (1), the Superintendent shall mark thereon the
date on which he received the same and return it to the licensed
company, which may, in its discretion, retain it or deliver it to the
seaman.

(3) When a seaman who is being re-engaged for service in a foreign-
going ship pursuant to subsection (1) signs the articles of agreement for
service in that ship or enters into any, other agreement





(including an agreement known as a transit agreement) for service
therein, there shall be produced to the Superintendent of the
Mercantile Marine Office or the consular officer, as the case may
be, at the time the seaman signs the articles of agreement or other
agreement for service-
(a)the re-engagement card delivered to the Superintendent
pursuant to subsection (1); and
(b)the seaman's service record book, (Amended, 16 of 1975,
s. 5)
and thereafter, if the re-engagement card was delivered to the
seaman under subsection (2), the seaman shall return it to the
licensed company.

(4) If, at the time a seaman who is being re-engaged for
service in a foreign-going ship pursuant to subsection (1) signs the
articles of agreement for service in that ship or enters into any
other agreement (including an agreement known as a transit agree-
ment) for service therein, the re-engagement card and the seaman's
service record book are not produced to the Superintendent of the
Mercantile Marine Office or the consular officer in accordance with
subsection (3), the licensed company shall be guilty of an offence
and shall be liable on summary conviction to a fine of $5,000.
(Amended, 16 of 1975, s. 5)

(5) A seaman who without reasonable excuse fails or refuses
to return the re-engagement card to the licensed company in
accordance with subsection (3) shall be guilty of an offence and
shall be liable on summary conviction to a fine of $500.

65. (1) When all the seamen supplied by a licensed company
for service in a foreign-going ship have been engaged for such service,
and all the seamen being re-engaged for service in that ship under
section 64(1) have been re-engaged, the licensed company shall,
within 7 days after the last day of the month during which the
engagement or re-engagement took place, and at the same time-
(Amended, 10 of 1973, s. 37)
(a) deliver to the Superintendent-
(i) the engagement card completed pursuant to section
63(1) in respect of each such seaman engaged for service
in that ship;
(ii) the re-engagement card delivered to the Superin-
tendent pursuant to section 64(1) in respect of each such
seaman re-engaged for service in that ship, which shall
contain, in addition to the particulars entered therein
pursuant to the said section 64(1), particulars of the date
on which the seaman was so re-engaged; and
(iii) a notice in the prescribed form specifying the
total number of such seamen supplied and engaged for
service in that ship and containing such other particulars
as may be required thereby; and





(b)pay to the Superintendent in respect of each such seaman
supplied and engaged for service in that ship the fee of
$8 payable under section 62(1).

(2) In the event of a contravention of subsection (1), the
licensed company shall be guilty of an offence and shall be liable
on summary conviction to a fine of $5,000.

66. (1) Whenever a seaman is supplied by a licensed com-
pany for service in a foreign-going ship pursuant to section 56(3),
an emergency engagement card in the prescribed form shall be
completed in respect of that seaman so as to contain the particulars
required thereby, and, in the discretion of the licensed company,
the card may be retained by the company or delivered to the
seaman.

(2) When such seaman signs the articles of agreement for
service in that ship or enters into any other agreement for service
therein, there shall be produced-

(a)to the Superintendent of the Mercantile Marine Office or
the consular officer, as the case may be; or
(b)if the articles of agreement or other agreement for service
are not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office or the
consular officer, to the master of the ship,

at the time the seaman signs the articles of agreement or other
agreement for service-
(i) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and
(ii) the seaman's service record book, (Amended, 16 of 1975,
s. 5)

and thereafter, if the emergency engagement card was delivered
to the seaman under subsection (1), the seaman shall return it to
the licensed company.

(3) When a seaman who has been supplied by a licensed
company for service in a foreign-going ship pursuant to section
56(3) has been engaged for service in that ship, the licensed com-
pany shall, within 7 days after the last day of the month during
which the engagement took place, and at the same time-
(Amended, 10 of 1973, s. 38)
(a) deliver to the Superintendent-
(i) the emergency engagement card completed in respect
of the seaman pursuant to subsection (1); and
(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman
as may be required thereby and a statement of the reason
for the supplying of the seaman pursuant to section
56(3); and





(b)pay to the Superintendent in respect of the seaman the fee of
$8 payable under section 62(1).

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) If, at the time a seaman who has been supplied by a licensed
company for service in a foreign-going ship pursuant to section 56(3)
signs the articles of agreement for service in that ship or other agreement
for service therein, the emergency engagement card and the seaman's
service record book are not produced to the Superintendent of the
Mercantile Marine Office or the consular officer or the master of the ship
in accordance with subsection (2), the licensed company shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000. (Amended, 16 of 1975, s. 5)

(6) In the event of a contravention of subsection (3), the licensed
company shall be guilty of an offence and shall be liable on summary
conviction to a fine of $5,000.

(7) A seaman who, without reasonable excuse, fails or refuses to
return the emergency engagement card to the licensed company in
accordance with subsection (2) shall be guilty of an offence and shall be
liable on summary conviction to a fine of $500.

67. (1) Whenever-

(a)any person in relation to whom particulars were not supplied
to the Authority, in accordance with section 48(1)(b), at the
time of the application for the grant or renewal of a licence
under section 47 commences to be employed in a licensed
crew department; or

(b)any person in relation to whom particulars were supplied to
the Authority, in accordance with section 48(1)(b), at the time
of the application for the grant or renewal of a licence under
section 47 ceases to be employed in the licensed crew
department,

the licensed company shall notify the Authority forthwith, and where
such notice is given in relation to a person referred to in paragraph (a)
the licensed company shall supply to the Authority such particulars in
relation to that person as the Authority may require on receipt of such
notice.

(2) A notice under subsection (1) shall be signed by the person in
charge of the licensed crew department.

(3) In the event of a contravention of any of the provisions of
subsection (1) or of subsection (2), the licensed company shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000.





68. (1) Within 7 days after the last day of each month during the
whole or part of which a licence under section 47 is in force, the licensed
company shall deliver to the Superintendent a notice in the prescribed
form containing such particulars in relation to seamen supplied by it for
service in foreign-going ships during that month as may be required by
such form.

(2) A notice under subsection (1) shall be signed by the person in
charge of the licensed crew department.

(3) In the event of a contravention of subsection (1) or of
subsection (2), the licensed company shall be guilty of an offence and
shall be liable on summary conviction to a fine of $5,000.

69. (1) Within 7 days after the last day of each quarter during the
whole or part of which a licence under section 47 is in force, the licensed
company shall deliver to the Authority a notice in the prescribed form

(a)setting out any changes in any of the particulars supplied to
the Authority pursuant to section 48(1), other than particulars
in relation to persons employed in the licensed crew
department, since the licence was granted or renewed or since
the preceding notice delivered pursuant to this section was
delivered, as the case may be; or

(b) declaring that there have been no such changes.

(2) A notice under subsection (1) shall be signed by the person in
charge of the licensed crew department.

(3) In the event of a contravention of any of the provisions of
subsection (1) or of subsection (2), the licensed company shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000.

70. The Superintendent may by notice in writing require the names
of such members of the staff of a licensed crew department as he
considers necessary to be displayed in a conspicuous position in the
place where such members of the staff are discharging their duties.

71. (1) The method or methods used by a licensed company to pay
to persons in whose favour allotments or remittances are made by
seamen supplied by it

(a)for service in foreign-going ships that are owned, chartered or
managed by such company; or

(b)for service in foreign-going ships that are owned, chartered or
managed by a person approved in the case of such company
for the purposes of section 55(1),

shall be such as the Authority has approved.





(2) At all times, there shall be displayed in a conspicuous
position in a part of a licensed crew department to which seamen
have access and, where allotments and remittances are dealt with
elsewhere than in the licensed crew department, in that part of
the premises of the licensed company in which the same are dealt
with-

(a)a notice or notices specifying the approved method or
methods used by the licensed company to pay allotments
and remittances;

(b)a notice specifying the days on and times at which
allotments and remittances are dealt with;

(c)such other notices relating to allotments and remittances
as the Authority may require.

(3) Every notice displayed in a licensed crew department
pursuant to subsection (2) shall be in the English language and
the Chinese language.

72. Where an advance of wages is to be paid to a seaman
supplied by a licensed company for service in a foreign-going
ship and the law of the territory in which such ship is registered
does not require that advances of wages shall be paid to seamen
in the presence of either a government officer responsible for
supervising the engagement of seamen or the consular officer
representing such territory, then, the whole of such advance of
wages, without any deduction therefrom, shall be paid to such
seaman by the person in charge of the licensed crew department
or by a person employed by the licensed company who has been
appointed for the purpose by the person in charge of the licensed
crew department.

73. (1) Any person employed by a licensed company who,
by himself or by or in conjunction with any other person, corruptly
solicits or receives, or agrees to receive, for himself or for any
other person, any gift, loan, fee, reward or advantage whatsoever
as an inducement to, or reward for, or otherwise on account of
any person employed by the licensed company doing or forbearing
to do anything in respect of any matter or transaction whatsoever,
actual or proposed, in which the licensed crew department main-
tained by such company is concerned shall be guilty of an offence.

(2) Any person who, by himself or by or in conjunction with
any other person, corruptly gives, promises or offers any gift,
loan, fee, reward or advantage whatsoever to any person. whether
for the benefit of that person or another person, as an inducement
to or reward for or otherwise on account of any person employed
by a licensed company doing or forbearing to do anything in
respect of any matter or transaction whatsoever, actual or proposed,
in which the licensed crew department maintained by such company
is concerned shall be guilty of an offence.





(3) Any person who commits an offence against subsection (1) or
(2) shall be liable

(a)on summary conviction, to a fine of $5,000 and to
imprisonment for 2 years; and

(b)on conviction on indictment, to a fine of $10,000 and to
imprisonment for 5 years.

PART VII

SUPPLY OF SEAMEN BY ROYAL FLEET AUXILIARY
RECRUITING
OFFICER FOR SERVICE IN ROYAL FLEET AUXILIARY SHIPS
(Amended, 91 of 1975, s. 2)

74. (1) Save as provided in subsection (3), a seaman shall not be
supplied by the Royal Fleet Auxiliary recruiting officer for service in a
Royal Fleet Auxiliary ship unless his name appears in the crew
department list kept by the Royal Fleet Auxiliary recruiting officer.

(2) After the Superintendent has given notice in writing to the
Royal Fleet Auxiliary recruiting officer under section 17A(3), 17B(3),
18(4) or 31(4) that the registration of a seaman whose name appears in
Part IV of the register in respect of the Royal Fleet Auxiliary recruiting
officer has been suspended or suspended for a further period, as the
case may be, the Royal Fleet Auxiliary recruiting officer shall not supply
that seaman for service in a Royal Fleet Auxiliary ship at any time while
the registration of that seaman continues to be suspended.

(3) If, in any case of emergency-

(a)a suitable seaman whose name appears in the crew department
list kept by the Royal Fleet Auxiliary recruiting officer is not
available; and

(b)the Seamen's Recruiting Office is closed at the time the seaman
comes to be supplied; and

(c)the ship would be delayed if the recruitment or supply of the
seaman were postponed until the time when seamen may next
be recruited or engaged at or through the Seamen's Recruiting
Office,

the Royal Fleet Auxiliary recruiting officer may, notwithstanding
that the name of the seaman does not appear in the crew depart-
ment list kept by him, supply for service in a Royal Fleet Auxiliary
ship a seaman who has been recruited otherwise than at or through
the Seamen's Recruiting Office if the name of the seaman appears
in Part 1 of the register and his registration is not for the time
being suspended under section 17A(1), 17B or, 18(1)(i) or (ii) or
suspended for a further period under section and any person
who in any such case recruits such seaman or supplies him to the
Royal Fleet Auxiliary recruiting officer shall not thereby contravene
subsection (1) or (2), as the case may be, of section 34.

(Amended, 10 of 1973, s. 39, and 91 of 1975, s. 3)





75. (1) There shall be kept by the Royal Fleet Auxiliary
recruiting officer, in such form and manner as the Superintendent
has approved, a list containing the names of all seamen whose
names for the time being appear in Part IV of the register in respect
of the Royal Fleet Auxiliary recruiting officer.

(2) The name of a seaman shall not be entered in the crew
department list kept by the Royal Fleet Auxiliary recruiting officer
unless his name appears in Part IV of the register in respect of the
Royal Fleet Auxiliary recruiting officer.

(3) A seaman may at any time give notice to the Royal Fleet
Auxiliary recruiting officer that he wishes to have his name removed
from the crew department list kept by the Royal Fleet Auxiliary
recruiting officer and his name shall thereupon be removed from
such list.

(4) The Royal Fleet Auxiliary recruiting officer may at any
time remove the name of a seaman from the crew department list
kept by him.

(5) Whenever, under subsection (3) or (4), the name of a
seaman is removed from the crew department list, the Royal Fleet
Auxiliary recruiting officer shall forthwith give notice thereof to the
Superintendent, together with a statement of the ground on which
it was removed.

(6) Where the Superintendent has given notice in writing to
the Royal Fleet Auxiliary recruiting officer under section 17(4) or
31(3) that the name of a seaman whose name appeared in Part IV
of the register in respect of the Royal Fleet Auxiliary recruiting
officer has been removed from the register, the Royal Fleet Auxiliary
recruiting officer shall forthwith remove the name of the seaman
from the crew department list kept by him.

(7) Where the Superintendent has given notice in writing to
the Royal Fleet Auxiliary recruiting officer under section 31(2) or
under section 33 that the name of a seaman whose name appeared
in Part IV of the register in respect of the Royal Fleet Auxiliary
recruiting officer has been restored to Part IV of the register, the
Royal Fleet Auxiliary recruiting officer shall forthwith restore the
name of the seaman to the crew department list kept by him.
(Amended, 91 qf 1975, s. 3)

76. (1) If, after such inquiry as he thinks fit, the Superintend-
ent considers that the name of a seaman was removed under
section 75(4) from the crew department list without any or any
sufficient cause, the Royal Fleet Auxiliary recruiting officer shall,
if so required by the Superintendent, restore the name of the seaman
to that list. (Amended, 91 of 1975, s. 3)

(2) A decision of the Superintendent that the name of a
seaman was so removed from the crew department list shall be final.





77. (1) There shall be kept by the Royal Fleet Auxiliary recruiting
officer, in such form and manner as the Superintendent has approved, a
record containing the name of each seaman, being a seaman whose
name appears in the crew department list, who is for the time being
waiting to be supplied for service in a Royal Fleet Auxiliary ship.
(Amended, 91 of 1975, s. 3)

(2) The names of seamen shall be entered in the record kept
pursuant to subsection (1) by such method or in such manner as the
Superintendent has approved.

(3) Such record shall contain in respect of each seaman whose
name appears therein such particulars as the Superintendent may
require.

78. (1) Without prejudice to any other provision in this Part, there
shall at all times be displayed in a conspicuous position in a part of the
crew department managed by the Royal Fleet Auxilary recruiting officer
to which seamen have access- (Amended, 91 of 1975,s.3)

(a)a notice or notices containing the name of each seaman, being
a seaman whose name appears in the crew department list,
who is for the time being waiting to be supplied for service in a
Royal Fleet Auxiliary ship;

(b)a notice or notices specifying the wages paid to each rating of
seamen in service in Royal Fleet Auxiliary ships;

(e)a copy, in the English language and the Chinese language, of
the articles of agreement, or other agreement for service, used
in Royal Fleet Auxiliary ships; and

(d)such other notices or documents as may be required by the
Superintendent.

(2) The notice or notices displayed pursuant to subsection (1)(a)
shall be in such form as the Superintendent has approved and shall be
in both the English language and the Chinese language.

(3) Any notice displayed pursuant to subsection (1)(d) shall be in
the English language and, if so required by the Superintendent, in the
Chinese language.

(4) The names of seamen shall be entered in the notice or notices
displayed pursuant to subsection (1)(a) by such method or in such
manner as the Superintendent has approved.

(5) The notice or notices displayed pursuant to subsection (1)(a)
shall be deemed to contain the names of all seamen who are for the time
being waiting to be supplied for service in Royal Fleet Auxiliary ships

(a)if the notice or notices contains or contain the names of all
seamen waiting to be supplied for service in such ships





on the day on which the notice or notices was or were
first displayed and the notice or notices has not or have
not been displayed for more than 14 days; or
(b)if the notice or notices has or have been revised within
the preceding 14 days so that it or they contains or contain
the names of all seamen waiting to be supplied for service
in such ships on the day on which the notice or notices
was or were so revised.

(6) Every notice displayed pursuant to subsection (1)(a) shall
have marked thereon-
(a) the date on which it was first displayed; and
(b)if it has been revised, the date on which it was revised or
last revised, as the case may be.

79. (1) The method or methods used in the crew department
managed by the Royal Fleet Auxiliary recruiting officer to select
seamen whose names are entered in the crew department list to be
supplied for service in Royal Fleet Auxiliary ships shall be such as
the Authority has approved.

(2) At all times, there shall be displayed in a conspicuous
position in a part of the crew department managed by the Royal
Fleet Auxiliary recruiting officer to which seamen have access a notice
or notices, in the English language and the Chinese language, specify-
ing the approved method or methods used in the crew department
to select seamen to be supplied for service in Royal Fleet Auxiliary
ships.
(Amended, 91 of 1975, s. 3)

80. (1) Save as provided in section 82(1), the Royal Fleet
Auxiliary recruiting officer shall pay to the Superintendent, in respect
of every seaman supplied by him for service in a Royal Fleet
Auxiliary ship and engaged for such service, a fee of $8.

(2) The Royal Fleet Auxiliary recruiting officer may, before
or after he has paid to the Superintendent the fee required to be
paid by subsection (1), require any such seaman to pay to him, by
way of contribution to such fee, any sum not exceeding $4.
(Amended, 91 of 1975, s. 3)

81. (1) Whenever a seaman whose name appears in the crew
department list kept by the Royal Fleet Auxiliary recruiting officer
is supplied by the Royal Fleet Auxiliary recruiting officer for service
in a Royal Fleet Auxiliary ship, an engagement card in the prescribed
form shall be completed in respect of that seaman so as to contain
the particulars required thereby, and, in the discretion of the Royal
Fleet Auxiliary recruiting officer, the card may be retained by him
or delivered to the seaman.





(2) When such seaman signs the articles of agreement for service in
that ship or enters into any other agreement (including an agreement
known as a transit agreement) for service therein, there shall be
produced to the Superintendent of the Mercantile Marine Office at the
time the seaman signs the articles of agreement or other agreement for
service

(a)the engagement card completed in respect of the seaman
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, s.5)

and thereafter, if the engagement card was delivered to the seaman
under subsection (1), the seaman shall return it to the Royal Fleet
Auxiliary recruiting officer.

(3) A seaman who without reasonable excuse fails or refuses to
return the engagement card to the Royal Fleet Auxiliary recruiting officer
in accordance with subsection (2) shall be guilty of an offence and shall
be liable on summary conviction to a fine of $500.

(Amended, 91 of 1975, s. 3)

82. (1) If, at any time before a seaman whose name appears in the
crew department list kept by the Royal Fleet Auxiliary recruiting officer is
discharged on the termination of his agreement from a Royal Fleet
Auxiliary ship, the Royal Fleet Auxiliary recruiting officer has notified the
Superintendent, by delivering to him a re-engagement card in the
prescribed form containing such particulars as may be required thereby,
that the seaman is to be re-engaged for service in that ship, then, within
45 days after his discharge from that ship, the seaman may be re-
engaged for service therein without payment of any fee if, at the time he
is re-engaged, the name of the seaman appears in the crew department
list and the Superintendent has not given notice in writing to the Royal
Fleet Auxiliary recruiting officer under section 17A(3) 17B(3) 18(4) or
31(4) that the registration of the seaman has been suspended or
suspended for a further period, as the case may be. (Amended, 10 of
1973,s.40)

(2) Where a re-engagement card is delivered to the Superintendent
pursuant to subsection (1), the Superintendent shall mark thereon the
date on which he received the same and return it to the Royal Fleet
Auxiliary recruiting officer, who may in his discretion retain it or deliver
it to the seaman.

(3) When a seaman who is being re-engaged for service in a Royal
Fleet Auxiliary ship pursuant to subsection (1) signs the articles of
agreement for service in that ship or enters into any other agreement
(including an agreement known as a transit agreement) for service
therein, there shall be produced to the Superintendent of the Mercantile
Marine Office at the time the seaman signs the articles of agreement or
other agreement for service





(a)the re-engagement card delivered to the Superintendent
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, s.5)

and thereafter, if the re-engagement card was delivered to the seaman
under subsection (2), the seaman shall return it to the Royal Fleet
Auxiliary recruiting officer.

(4) A seaman who without reasonable excuse fails or refuses to
return the re-engagement card to the Royal Fleet Auxiliary recruiting
officer in accordance with subsection (3) shall be guilty of an offence
and shall be liable on summary conviction to a fine of 5500.

(Amended, 91 of 1975, s. 3)

83. When all the seamen supplied by the Royal Fleet Auxiliary
recruiting officer for service in a Royal Fleet Auxiliary ship have been
engaged for such service, and all the seamen being re-engaged for
service in that ship under section 82(1) have been re-engaged, the Royal
Fleet Auxiliary recruiting officer shall, within 7 days after the last day of
the month during which the engagement or reengagement took place,
and at the same time- (Amended, 10 of 1973, s. 41 and 91 of 1975, s. 3)

(a) deliver to the Superintendent-

(i) the engagement card completed pursuant to section 81(1)
in respect of each such seaman engaged for service in that
ship;

(ii) the re-engagement card delivered to the Superintendent
pursuant to section 82(1) in respect of each such seaman re-
engaged for service in that ship, which shall contain, in
addition to the particulars entered therein pursuant to the said
section 82(1), particulars of the date on which the seaman was
so re-engaged; and

(iii) a notice in the prescribed form specifying the total
number of such seamen supplied and engaged for service in
that ship and containing such other particulars as may be
required thereby; and

(b)pay to the Superintendent in respect of each such seaman
supplied and engaged for service in that ship the fee of $8
payable under section 80(1).

84. (1) Whenever a seaman is supplied by the Royal Fleet Auxiliary
recruiting officer for service in a Royal Fleet Auxiliary ship pursuant to
section 74(3), an emergency engagement card in the prescribed form
shall be completed in respect of that seaman so as to contain the
particulars required thereby, and, in the discretion of the Royal Fleet
Auxiliary recruiting officer, the card may be retained by him or delivered
to the seaman.





(2) When such seaman signs the articles of agreement for service in
that ship or enters into any other agreement for service therein, there
shall be produced

(a) to the Superintendent of the Mercantile Marine Office; or

(b)if the articles of agreement or other agreement for service are
not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office, to the master
of the ship,

at the time the seaman signs the articles of agreement or other
agreement for service

(i) the emergency engagement card completed in respect of the
seaman pursuant to subsection (1); and

(ii) the seaman's service record book, (Amended, 16 qf 1975, S.5)

and thereafter, if the emergency engagement card was delivered to the
seaman under subsection (1), the seaman shall return it to the Royal
Fleet Auxiliary recruiting officer.

(3) When a seaman who has been supplied by the Royal Fleet
Auxiliary recruiting officer for service in a Royal Fleet Auxiliary ship
pursuant to section 74(3) has been engaged for service in that ship, the
Royal Fleet Auxiliary recruiting officer shall, within 7 days after the last
day of the month during which the engagement took place, and at the
same time- (Amended, 10 of 1973, s. 42)

(a) deliver to the Superintendent-

(i) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and

(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman as
may be required thereby and a statement of the reason for the
supplying of the seaman pursuant to section 74(3); and

(b)pay to the Superintendent in respect of the seaman the fee of
$8 payable under section 80(1).

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) A seaman who, without reasonable excuse, fails or refuses to
return the emergency engagement card to the Royal Fleet Auxiliary
recruiting officer in accordance with subsection (2) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $500.

(Amended, 91 of 1975, s. 3)





85. Within 7 days after the last day of each month, the Royal Fleet
Auxiliary recruiting officer shall deliver to the Superintendent a notice in
the prescribed form containing such particulars in relation to seamen
supplied by him for service in Royal Fleet Auxiliary ships during that
month as may be required by such form.

(Amended, 91 of 1975, s. 3)

86. (1) The method or methods used in the crew department
managed by the Royal Fleet Auxiliary recruiting officer to pay to
persons in whose favour allotments or remittances are made by seamen
supplied by the Royal Fleet Auxiliary recruiting officer for service in
Royal Fleet Auxiliary ships shall be such as the Authority has
approved.

(2) At all times, there shall be displayed in a conspicuous position
in a part of the crew department managed by the Royal Fleet Auxiliary
recruiting officer to which seamen have access and, where allotments
and remittances are dealt with elsewhere than in the crew department, in
the place where the same are dealt with

(a)a notice or notices specifying the approved method or
methods used to pay allotments and remittances;

(b)a notice specifying the days on and times at which allotments
and remittances are dealt with., and

(e)such other notices relating to allotments and remittances as
the Authority may require.

(3) Every notice displayed pursuant to subsection (2) shall be in
the English language and the Chinese language.

(Amended, 91 of 1975, s. 3)

PART VIII

SUPPLEMENTARY AND
MISCELLANEOUS

87. (1) The Authority, the Superintendent, any public officer
authorized in writing for the purposes of this section by the
Superintendent either generally or in any particular case, and any police
officer may

(a)at any time, using such force as may be necessary, enter any
premises or place which he is authorized to enter by a warrant
issued under subsection (2);

(b)at any time, using such force as may be necessary, enter any
premises or place occupied by a licensed company, being
premises or a place which appear to him to be used for the
purposes of the business of the licensed crew department
maintained by such company;

(e)search any premises or place which he is empowered by this
section to enter;

(d)board, using such force as may be necessary, and search any
foreign-going ship in which he knows or has reason to believe
there is or may be





(i) any seaman who has been recruited, engaged or
supplied in contravention of section 34; or

(ii) anything which is or contains, or is likely to be or to
contain, evidence of the commission of an offence against
this Ordinance;

(e)remove anything which obstructs any entry or search which
he is empowered by this section to make;

detain any person found in any premises or place, or in any
foreign-going ship, which he is empowered by this section to
search, while such premises or place or ship are or is searched;

(g)inspect any books, records or other documents belonging to
or in the possession of a licensed company, being books,
records or documents kept or used for the purposes of the
business of the licensed crew department maintained by such
company or in connexion with the payment of allotments or
remittances; and

(h)inspect, seize and detain anything which is or appears to him
to be or to contain, or to be likely to be or to contain, evidence
of the commission of an offence against this Ordinance.

(2) If a magistrate is satisfied by evidence on oath that-

(a) an offence against this Ordinance is being or has been
commit ted in any premises or place; or

(b)there is or may be in any premises or place anything which is
or contains, or is likely to be or to contain, evidence of the
commission of an offence against this Ordinance,

he may issue a warrant authorizing the Authority, the Superintendent,
any public officer authorized in writing for the purposes of this section
by the Superintendent and any police officer to enter such premises or
place.

88. The Authority may prescribe the form of any notice or
document required by this Ordinance to be in the prescribed form and
the form of such other notices or documents required for the purposes
of this Ordinance as he thinks fit.

89. The Superintendent may in writing delegate to any public
officer by name, either generally or for a particular occasion, or to the
holder for the time being of any public office such of his powers,
functions and duties under this Ordinance as he thinks fit, other than
the powers, functions or duties conferred or imposed by the provisions
of this Ordinance specified in the Schedule:

Provided that no delegation made hereunder shall preclude the
Superintendent from exercising or performing at any time any of the
powers, functions or duties so delegated.





90. Any notice or document required by this Ordinance to be served on a
seaman shall be deemed to have been duly served if the same is

(a) delivered to the seaman personally; or

(b)sent by registered post to the seaman at his registered address.

(Amended, 10 of 1973, s. 43)

91. (1) Any person who In any form required by, under or for the
purposes of this Ordinance, or in any notice or document given, issued or made
pursuant to or for the purposes of this Ordinance, makes any statement or
furnishes any information which he knows or reasonably ought to know to be
false in a material particular shall be guilty of an offence.

cl

(2) Any person who furnishes any information required to be furnished
tinder section 49, or supplies any particular required to be supplied under
section 67(1), which he knows or reasonably ought to know to be false in a
material particular shall be guilty of an offence.

(3) Any person who signs any form required by, under or for the
purposes of this Ordinance, or any notice or document given, issued or made
pursuant to or for the purposes of this Ordinance, in which any statement or
information which he knows or reasonably ought to know to be false in a
material particular is made or furnished shall be guilty of an offence.

(4) Any person who is guilty of an offence against this section shall be
liable on summary conviction to a fine of $5,000 and to imprisonment for 6
months.

SCHEDULE [s. 89.1

SPECIFIED PROVISIONS FOR PURPOSES OF
SECTION 89

Item Provision of Ordinance
1. Section 7(3).
2. Section 10(2).
3. Section 17(1).
4. Section 18(1).
5. Section 35(1).
6. Section 57(1).
7. Section 58(1).
8. Section 59(1).
9. Section 60(1)(f).
10. Section 60(2).
11. Section 60(3).
12. Section 75(1).
13. Section 76(1).
14. Section 77(1).
15. Section 78(1)(d)
16. Section 78(2). (Amended, 10 of 1973, s. 44)
Originally 7 of 1966. 10 of 1973. L.N. 142/74. 16 of 1975. 91 of 1975. 92 of 1975. L.N. 50/66. Short title. Interpretation. (Cap. 32.) (Cap. 87.) (Cap. 281.) (Cap. 134.) Appointment of Seamen's Recruiting Authority. Establishment of Seamen's Recruiting Office. Establishment of Seamen's Recruiting Advisory Board. Register of seamen. Part I of register. Part III of register. Part IV of register. Disqualification for entry of seaman's name in register. Particulars to be entered in register. Change of seaman's rating. Power of Authority to direct that name of seaman whose name has been removed from register be restored to Part I of register. Seamen's service record books. Regulations. [cf. 1970, c. 36, s. 71.] Appointment of panel. Boards of Reference. Removal of seaman's name from register by Superintendent. (Cap. 215, 1964 Ed.) (Cap. 201.) Suspension for desertion or failure to join ship. Suspension on medical grounds. Suspension of seaman's registration by Superintendent. Seaman to be notified of intention to remove name from register or to suspend registration. Appeal against suspension of seaman's registration under section 18(1)(i). Authority to refer cases to Board of Reference. Provision for case where hearing of appeal or referred case not commenced within prescribed period. Hearings in absence of seaman. Practice and procedure upon hearing of appeal or referred case. Majority decision to be decision of Board of Reference with certain exceptions. Determination of appeal under section 20. Seaman to be notified of decision of Board of Reference on appeal under section 20, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Determination of cases referred to the Authority under section 17(3). (Cap. 215, 1964 Ed.) (Cap. 201.) Determination of cases referred to the Authority under section 18(1)(ii). Right of seaman to make representations to Board of Reference with respect to exercise of Board's powers under section 28(1) or 29(1). Seaman to be notified of decision of Board of Reference on referred case, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Appeal to judge of High Court on point of law. Licensed company and Royal Fleet Auxiliary recruiting officer to be notified in certain cases following appeal under section 32. Control of recruitment, engagement and supply of seamen. (Cap. 227.) Power of Director of Marine to refuse to issue port clearance, and detention of ship, in certain cases. (Cap. 281.) Supply of seamen by Seamen's Recruiting Office. Seamen may volunteer services if Superintendent permits. Procedure on supply of seamen through Seamen's Recruiting Office, etc., otherwise than in urgent cases. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in a ship other than a Royal Fleet Auxiliary ship. Re-engagement of seaman. Notice of intention not to re-engage seaman. Return of engagement and re-engagement cards to Superintendent and payment of fees by ship-owner, etc. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a foreign-going ship other than a Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a Royal Fleet Auxiliary ship. Procedure on emergency engagement of seaman under section 34(8). Procedure on emergency engagement of seaman under section 34(8) by Royal Fleet Auxiliary recruiting officer. Licences to maintain crew departments. Application for grant or renewal of licence. Authority may require company applying for grant or renewal of licence to furnish additional information. Grounds on which grant or renewal of licence may be refused. Notice of refusal to grant or renew licence. Licensed company to notify Superintendent of intention not to renew licence. Cancellation of licence. Appeal against certain decisions of Authority. Restriction on ships for service in which licensed crew department may supply seamen. Restriction on supply of seamen by licensed company. Crew department lists. Superintendent may require seaman's name to be restored to crew department list. Records of seamen waiting to be supplied for service in foreign-going ships. Certain notices and other documents to be displayed in licensed crew department. Approval of methods used in licensed crew department to select seamen. Fee payable on supply of seaman by licensed crew department. Procedure on supply of seaman by licensed company, etc., otherwise than in emergency. Re-engagement of seamen through licensed crew department. Licensed company to deliver engagement cards, etc., to Superintendent and payment of fees. Procedure on supply of seaman by licensed company pursuant to section 56(3). Changes in staff of licensed crew department to be notified to Authority. Particulars of seamen supplied by licensed company to be delivered to Superintendent. Changes in particulars of licensed crew department to be notified to Authority. Display of names of crew department staff. Approval of methods used by licensed company to pay allotments and remittances. Advances of wages. Corruption. Restriction on supply of seamen by Royal Fleet Auxiliary recruiting officer. Crew department list to be kept by Royal Fleet Auxiliary recruiting officer. Superintendent may require seaman's name to be restored to crew department list kept by Royal Fleet Auxiliary recruiting officer. Record of seamen waiting to be supplied for service in Royal Fleet Auxiliary ships. Certain notices and other documents to be displayed in crew department managed by Royal Fleet Auxiliary recruiting officer. Approval of methods used to select seamen in crew department managed by Royal Fleet Auxiliary recruiting officer. Fees payable on supply of seamen by Royal Fleet Auxiliary recruiting officer. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer, etc., otherwise than in emergency. Re-engagement of seamen through Royal Fleet Auxiliary recruiting officer. Royal Fleet Auxiliary recruiting officer to deliver engagement cards, etc. to Superintendent and payment of fees. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer pursuant to section 74(3). Particulars of seamen supplied by Royal Fleet Auxiliary recruiting officer to be delivered to Superintendent. Approval of methods used in crew department managed by Royal Fleet Auxiliary recruiting officer to pay allotments and remittances. Entry to premises, etc. and power to search, seize, etc. Power of Authority to prescribe forms. Delegation of powers, etc. by Superintendent. Schedule. Service of notices and documents on seamen. False statement or information.

Originally 7 of 1966. 10 of 1973. L.N. 142/74. 16 of 1975. 91 of 1975. 92 of 1975. L.N. 50/66. Short title. Interpretation. (Cap. 32.) (Cap. 87.) (Cap. 281.) (Cap. 134.) Appointment of Seamen's Recruiting Authority. Establishment of Seamen's Recruiting Office. Establishment of Seamen's Recruiting Advisory Board. Register of seamen. Part I of register. Part III of register. Part IV of register. Disqualification for entry of seaman's name in register. Particulars to be entered in register. Change of seaman's rating. Power of Authority to direct that name of seaman whose name has been removed from register be restored to Part I of register. Seamen's service record books. Regulations. [cf. 1970, c. 36, s. 71.] Appointment of panel. Boards of Reference. Removal of seaman's name from register by Superintendent. (Cap. 215, 1964 Ed.) (Cap. 201.) Suspension for desertion or failure to join ship. Suspension on medical grounds. Suspension of seaman's registration by Superintendent. Seaman to be notified of intention to remove name from register or to suspend registration. Appeal against suspension of seaman's registration under section 18(1)(i). Authority to refer cases to Board of Reference. Provision for case where hearing of appeal or referred case not commenced within prescribed period. Hearings in absence of seaman. Practice and procedure upon hearing of appeal or referred case. Majority decision to be decision of Board of Reference with certain exceptions. Determination of appeal under section 20. Seaman to be notified of decision of Board of Reference on appeal under section 20, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Determination of cases referred to the Authority under section 17(3). (Cap. 215, 1964 Ed.) (Cap. 201.) Determination of cases referred to the Authority under section 18(1)(ii). Right of seaman to make representations to Board of Reference with respect to exercise of Board's powers under section 28(1) or 29(1). Seaman to be notified of decision of Board of Reference on referred case, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Appeal to judge of High Court on point of law. Licensed company and Royal Fleet Auxiliary recruiting officer to be notified in certain cases following appeal under section 32. Control of recruitment, engagement and supply of seamen. (Cap. 227.) Power of Director of Marine to refuse to issue port clearance, and detention of ship, in certain cases. (Cap. 281.) Supply of seamen by Seamen's Recruiting Office. Seamen may volunteer services if Superintendent permits. Procedure on supply of seamen through Seamen's Recruiting Office, etc., otherwise than in urgent cases. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in a ship other than a Royal Fleet Auxiliary ship. Re-engagement of seaman. Notice of intention not to re-engage seaman. Return of engagement and re-engagement cards to Superintendent and payment of fees by ship-owner, etc. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a foreign-going ship other than a Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a Royal Fleet Auxiliary ship. Procedure on emergency engagement of seaman under section 34(8). Procedure on emergency engagement of seaman under section 34(8) by Royal Fleet Auxiliary recruiting officer. Licences to maintain crew departments. Application for grant or renewal of licence. Authority may require company applying for grant or renewal of licence to furnish additional information. Grounds on which grant or renewal of licence may be refused. Notice of refusal to grant or renew licence. Licensed company to notify Superintendent of intention not to renew licence. Cancellation of licence. Appeal against certain decisions of Authority. Restriction on ships for service in which licensed crew department may supply seamen. Restriction on supply of seamen by licensed company. Crew department lists. Superintendent may require seaman's name to be restored to crew department list. Records of seamen waiting to be supplied for service in foreign-going ships. Certain notices and other documents to be displayed in licensed crew department. Approval of methods used in licensed crew department to select seamen. Fee payable on supply of seaman by licensed crew department. Procedure on supply of seaman by licensed company, etc., otherwise than in emergency. Re-engagement of seamen through licensed crew department. Licensed company to deliver engagement cards, etc., to Superintendent and payment of fees. Procedure on supply of seaman by licensed company pursuant to section 56(3). Changes in staff of licensed crew department to be notified to Authority. Particulars of seamen supplied by licensed company to be delivered to Superintendent. Changes in particulars of licensed crew department to be notified to Authority. Display of names of crew department staff. Approval of methods used by licensed company to pay allotments and remittances. Advances of wages. Corruption. Restriction on supply of seamen by Royal Fleet Auxiliary recruiting officer. Crew department list to be kept by Royal Fleet Auxiliary recruiting officer. Superintendent may require seaman's name to be restored to crew department list kept by Royal Fleet Auxiliary recruiting officer. Record of seamen waiting to be supplied for service in Royal Fleet Auxiliary ships. Certain notices and other documents to be displayed in crew department managed by Royal Fleet Auxiliary recruiting officer. Approval of methods used to select seamen in crew department managed by Royal Fleet Auxiliary recruiting officer. Fees payable on supply of seamen by Royal Fleet Auxiliary recruiting officer. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer, etc., otherwise than in emergency. Re-engagement of seamen through Royal Fleet Auxiliary recruiting officer. Royal Fleet Auxiliary recruiting officer to deliver engagement cards, etc. to Superintendent and payment of fees. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer pursuant to section 74(3). Particulars of seamen supplied by Royal Fleet Auxiliary recruiting officer to be delivered to Superintendent. Approval of methods used in crew department managed by Royal Fleet Auxiliary recruiting officer to pay allotments and remittances. Entry to premises, etc. and power to search, seize, etc. Power of Authority to prescribe forms. Delegation of powers, etc. by Superintendent. Schedule. Service of notices and documents on seamen. False statement or information.

https://oelawhk.lib.hku.hk/items/show/2654

1964

v11

135

66