MERCHANT SHIPPING (RECRUITING OF SEAMEN) (SERVICE RECORD BOOKS) REGULATIONS

MERCHANT SHIPPING (RECRUITING OF SEAMEN) (SERVICE RECORD BOOKS) REGULATIONS

MERCHANT SHIPPING (RECRUITING OF SEAMEN)
(SERVICE RECORD BOOKS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

1..........Citation ......................... ... ... ... ... ... ... ... ... A 2
2..........Interpretation ................... ... ... ... ... ... ... ... ... A 2

3. Application for service record books ... ... ... ... ... ... ... ... A 2

4...................Issue of service record books ... ... ... ... ... ... ... ... ... A 2

5..........................Form and content of service record books ... ... ... ... ... ... A 3

6.....................Entries in service record books ... ... ... ... ... ... ... ... A 3

7. Authorization of persons to make or correct entries in service record books A 4

8........................Notification of entries and alterations ... ... ... ... ... ... ... A 4
9........................Alterations in service record books ... ... ... ... ... ... ... A 4
10.......................Production of service record books ... 1 . ... ... ... ... ... A 4

11....................Delivery of service record books ... ... ... ... ... ... ... ... A 4

12. Effect of loss, etc. of service record books ... ... ... ... ... ... ... A 5
12A. Effect of lack of space in service record book ... .. 1 ... ... ... ... A 5
12B. Issue of renewed service record books ... ... ... ... ... ... ... A 5

13. Notification of errors in service record books ... ... ... 1 ... ... A 6

14....................Surrender of service record book ... ... ... ... ... ... ... ... A 6

15.........Penalty .......................... ... ... ... ... ... ... A 6

16.......Savings ............................ ... ... ... ... ... ... ... ... A 7

17...........Payment of fees ................ ... ... ... ... ... ... ... ... ... A 7

18..................Alteration of First Schedule ... ... ... ... ... ... ... ... ... A 7

First Schedule. Forms ......................... ... ... ... ... ... ... ... A 7

Second Schedule. Particulars to be recorded in and contents of Service Record Books A 9

Third Schedule....Fees ........................... ... ... ... ... ... ... ... A10





MERCHANT SHIPPING (RECRUITING OF SEAMEN)
(SERVICE RECORD BOOKS) REGULATIONS

(Cap. 135, section 14B.)

[]6th May. 1975.1

1. These regulations may be cited as the Merchant Shipping

c

(Recruiting of Seamen) (Service Record Books) Regulations.

2. (1) In these regulations, unless the context otherwise requires

-proper officer' means a United Kingdom consular officer and the
superintendent of a Mercantile Marine Office in a port in the
Commonwealth.

(2) A seaman to whom a service record book has been issued is
referred to in these regulations as the holder of it.

3. (1) Every seaman who-

(a) is ordinarily resident in Hong Kong,

(b)is qualified under section 7(2) of the Ordinance to have his
name entered in Part 1 of the register: and

(c) is riot a holder of a service record book,

.,dial) apply for a service record book.

(2) An application for a service record book shall be made in
person to the Superintendent in Form 1 in the First Schedule and the
applicant shall submit with the application

(a)the latest service record book previously held by him (if any).
unless it has been lost or destroyed:

(b)one copy each of a recent head and shoulders full face and
side face black and white photograph of himself measuring
not more than 45 mm by 40 mm and not less than 40 mm by 30
mm

(c)such documents and other evidence as the Superintendent
may require for the proper consideration of the application.

4. The Superintendent shall on receipt of-

(a)an application fora ,er,,ice record book under regulation 3 a rid

(b) the fee prescribed in the Third Schedule.

issue a service record book to the applicant.





5. A service record book shall be in book form and shall provide for
there to be recorded in it from time to time, in relation to its holder,
statements of the following particulars

(a) those specified in the Second Schedule;

(b)the name of each ship in which he is employed, its port of
registry, official number and gross or register tonnage, the
capacity in which he is employed in the ship, the date on which
and the place at which he begins to be so employed, and the
description of each voyage and the date and place of his
discharge;

(e)dates of any period for which he is working or standing by,
any period of paid leave, any period of unpaid leave, any
period of sickness and any period of study leave, and the
certificates for which the study is undertaken;

(d)dates and nature of training courses (including pre-sea training
courses) he attends and the certificates or other qualifications
(if any) obtained; and

(e) records of tests of his eyesight.

6. (1) Subject to regulation 7, entries in a service record book of the
particulars referred to in

(a)paragraphs (a), (b), (c), (d) and (e) of regulation 5 may be made
or corrected by the Superintendent or by a public officer
authorized by him in that behalf;

(b)items 2, 11, 14, 16, 21, 22 and 23 of the Second Schedule may be
made or corrected by a proper officer;

(c)paragraphs (b) and (c) of regulation 5 may be made by the
master of the ship in which the holder is employed or by one of
the ship's officers authorized by the master in that behalf

(d)items 2 and 14 of the Second Schedule may be made or
corrected by the master of the ship in which the holder is
employed;

(e)paragraph (c) of regulation 5 may be made by the seaman's
employer,

and by no other person.

(2) Entries in a service record book of the particulars referred to in
paragraph (b) of regulation 5 relating to the ship, the capacity in which
the seaman is employed, and the date on which and the place at which
the employment begins shall be made at the time the seaman signs the
Articles of Agreement.

(3) Any person authorized by paragraph (1) to make or correct an
entry in a service record book shall, upon the service record book being
produced to him for that purpose, make the entry unless an entry of the
same particulars appears to have been duly made in it.





7. Notwithstanding regulation 6, the Superintendent may, if he
thinks fit, on application authorize any person, other than a person
already authorized by regulation 6, to make or correct such entry in a
service record book as is specified in the application.

8. (1) Where under these regulations any person, other than the
Superintendent or a public officer authorized by him, makes an entry, or
in any manner corrects an entry, in a service record book he shall report
the entry or correction to the Superintendent.

(2) A report under paragraph (1) may be submitted in Form 2 in the
First Schedule.

9. (1) No person other than a person authorized by regulation 6 or 7
shall make any mark or entry upon, or erase, cancel or alter any mark or
entry made upon or otherwise deface or destroy a service record book.

(2) Any person who contravenes paragraph (1) shall be guilty of an
offence.

10. (1) The holder of a service record book shall produce it on
demand at any time

(a) to the Superintendent;

(b)to his employer and to the master of the ship in which the
holder is employed; or

(c)to any other person authorized by regulation 6(1) or under
regulation 7 to make or correct an entry in it for the purpose of
making or correcting that entry,

whether or not such demand is made in Hong Kong.

(2) (Deleted, L.N. 221781

(3) The holder of a service record book who fails to produce it when
required to do so in accordance with paragraph (1) shall be guilty of an
offence.

11. (1) A master in Hong Kong who is in possession of a service
record book issued to a seaman

(a)who is not present when he is discharged, shall deliver it to
the Superintendent within 48 hours after the discharge or as
soon as practicable thereafter;

(b)who has died, shall deliver it to the Superintendent at the time
he makes a return of that seaman's death.

(2) Any person in Hong Kong other than a master who is in
possession of a service record book issued to a seaman shall,
immediately after he becomes aware that the seaman has been
discharged from any ship, left behind in any country or has died, deliver
it to the Superintendent.





(3) A master, or other person, outside Hong Kong who is in
possession of a service record book issued to a seaman

(a) who is not present when he is discharged;

(b) who is left behind in any country; or

(e) who has died,

may-

(i) deliver it to the proper officer for the place in which the seaman
is discharged, left behind or dies; or

(ii) send it by post to the Superintendent.

(4) Any person who contravenes paragraph (1) or (2) shall be guilty
of an offence.

12. (1) When his service record book is lost, destroyed or defaced,
a seaman shall cease to be regarded as the holder of a service record
book and shall, if the conditions specified in regulation 3(1)(a) and (b)
are satisfied, apply for a new service record book under that regulation.

(2) When a service record book is issued to replace another such
book as provided for by paragraph (1) it shall contain all the entries
made in the book it replaces other than any entries which the
Superintendent sees fit to omit.

12A. (1) When the space provided in his service record book for
entries of any particulars referred to in paragraph (b) of regulation 5 is
filled up, a seaman shall apply as soon as possible to have the service
record book renewed.

(2) An application for the renewal of a service record book under
paragraph (1) shall be made in person to the Superintendent and the
applicant shall deliver to the Superintendent

(a) the service record book presently held by him;

(b)one copy each of a recent head and shoulders' full face and
side face black and white photograph of himself measuring not
more than 45 mm by 40 mm and not less than 40 mm by 30 mm;
and

(e)any further documents or information requested by the
Superintendent.

12B. The Superintendent shall on receipt of

(a)an application for renewal of a service record book under
regulation 12A; and

(b) the fee prescribed in the Third Schedule, issue a renewed
service record book to the applicant.





13. (1) If it appears to the holder thereof that any entry in a service
record book is not correct, he shall forthwith inform the Superintendent.

(2) Any seaman who contravenes paragraph (1) shall be guilty of
an offence.

14. (1) If it appears to the Superintendent that-

(a)the holder of a service record book was not entitled to the
service record book at the time it was issued to him; or

(b)a service record book is in the possession of a person other
than the person to whom it was issued,

the holder or other person who is in possession of the service record
book shall, on demand made by the Superintendent, surrender it to him.

(2) Where-

(a)the name of a holder of a service record book is removed from
the register under Part IV of the Ordinance; or

(b)the registration of a holder of a service record book is
suspended under Part IV of the Ordinance; or

(e)a notice under section 19(1) of the Ordinance has been served
on the holder of a service record book,

the holder or other person who is in possession of the service record
book shall. on demand made by the Superintendent, surrender it to him.

(2A) Where a service record book is surrendered to the
Superintendent by virtue of paragraph (2)(c), the Superintendent may

(a) retain the book for 3 months; and

(b)upon the expiry of that period, retain the book for a further
period of 3 months, if, before the expiry of the firstmentioned
period, he had notified the holder of his intention to retain the
book for the further period and had advised the holder of his
right of appeal under paragraph (2B).

(2B) Any former holder of a service record book that has been
surrendered to the Superintendent by virtue of paragraph (2)(c) and who
is aggrieved by the decision of the Superintendent to retain that book
for a further period of 3 months under paragraph (2A)(b) may appeal
against that decision to the Governor by way of petition.

(3) Any person who fails to comply with any demand under
paragraph (1) or (2) shall be guilty of an offence.

15. Any person guilty of an offence under these regulations shall
be liable on conviction to a fine of $2,000.





16. A seaman's discharge book issued in the form contained in the
revoked Merchant Shipping (Mercantile Marine Office) (Fees and
Forms) Regulations and valid at the commencement of these regulations
shall be deemed to be a service record book issued under these
regulations.

17. The fees specified in the Third Schedule shall be paid to the
Superintendent.

18. The Superintendent may alter any Form in the First

Schedule as he thinks fit.

FIRST SCHEDULE
FORM 1 [reg. 3(2).]
APPLICATION FOR SERVICE RECORD BOOK

To

The Superintendent of the Seamen's Recruiting Office, Hong Kong.


1 hereby apply for a Hong Kong Seaman's Service Record Book under (MR
(man

regulation 3 of the Merchant Shipping (Recruiting of Seamen) (Service Record


Books) Regulations.

I am ordinarily resident in Hong Kong and am qualified under section 7(2) k 9
of the Merchant Shipping (Recruiting of
Seamen) Ordinance to have my name
entered in Part 1 of the register of seamen.


My particulars are as follows


1. Full name (in block letters):

2. Full name (in Chinese characters with commercial code number):

3. Home address:

Home telephone number (if any):

4. Ship's department:

5. Date of birth: Day Month Year

6. Place of birth (claimed by applicant):
Number of Birth Certificate (if any):





7. Height: Feet Inches



8. Colour of eyes:


9. Marks or other distinguishing features (if any):

10. Number of Hong Kong Seaman's Service Record Book previously held
or issued: (if not state 'NONE')


11. Hong Kong Identity Card Number:

12. Hong Kong Seaman's Identity Book Number:

Date of issue:

PARTICULARS OF NEXT-OF-
KIN

13. Name of next-of-kin: Hong Kong Identity
Card Number:
14. Relationship:

15. Address of next-of-kin (in full):

I declare that to the best of my knowledge the above particulars are true.


Signature, or mark and left thumbprint.


The signature or mark must be made in the presence of the officer receiving

this application.


FOR OFFICIAL USE


1 hereby certify that 1 have checked and, as far as possible, verified the particulars
(including the photographs) in this application and issued Hong -Kong Seaman's
Service Record Book No . ................................................

0749 ................ R

Date .................................

19

...........................

(Signature)


Superintendent of the Seamen's Recruiting Office. (Officer
authorized under the law of Hong Kong to issue Hong Kong
Seaman's Service Record Books.)




Fee for a Hong Kong Seaman's Service Record Book W
0 re c

paid; receipt No . ............................

Fee for endorsing...........entries @51.30 1
............................

A 9

paid; receipt No . ......................................................



FORM 2 [reg.

REPORT OF CHANGE OF
PARTICULARS

IN

HONG KONG SEAMAN'S SERVICE RECORD BOOK

To

The Superintendent of the Seamen's Recruiting Office, Hong Kong.

As required by regulation 8 of the Merchant Shipping (Recruiting of
Seamen) (Service Record Books) Regulations, 1 wish to report that on the
day of 19 1 made *an correction
of an entry particulars of which are as follows-

1. Hong Kong Seaman's Service Record Boo', No.:

2. Name of Seaman:

3. Rank of Seaman:

4. Details of *entry/correction of entry (including details of original entry):

(Signed) ................................................ Name
and designation .............................. (if master
or officer

of a ship include
ship's name)

*Delete whichever is inapplicable.

SECOND SCHEDULE[regs. 5, 6,
8 12.1

Particulars to be recorded in and contents of Service Record Books

1.The name of the person to whom a service record book is issued (In English
and (where applicable) in Chinese with commercial code number).

2. His home address,

3. The date and place of his birth.

4. If a married woman, her maiden surname and date of her marriage.





5. The colour of his eyes.

6. His distinguishing marks (if any).

7. His height.

8. The number of his previous service record book (if any).

9. Signature of issuing authority and date of issue.

10. Particulars and date of Part IV register listings and cancellations.

11.The grade, number and date of issue of any certificate of competency held by
him.

12.Any pension fund of which he may be a member and his registered number
therein.

13.In the case of cadet, the name of his employer and whether he is a navigating
or engineer cadet.

14. The name, relationship and address of his next-of-kin.

15.Date and rating on registration and any change in his rating with date of such
change.

16.Record of his medical examinations (including eyesight tests and X-ray
examinations).

17. His Hong Kong Identity Card Number.

18. His Hong Kong Seaman's Identity Book number.

19. His photographs.

20. His thumbprints and signature or mark.

21. Name of ship and description of voyage.

22. Date and place of engagement.

23. Date and place of discharge.

24. Endorsements.

THIRD SCHEDULE [regs. 4, 12B 17.]
Fees

1...................................For issue of a service record book under regulation 4 15.00
2...................................For renewal of issue of a service record book under regulation 12B 15.00
3...................................For copying a complete service record into a service record book
consequent to the loss, destruction or defacement of a previously

issued service record book .......1.30

4. For any entry of voyage or other official endorsement in a service

record book ......................1.30

Note: The fee at item 4 is not chargeable for any endorsement which

(a)relates to a particular voyage and is made at the time of engagement
for or dischar e from the voyage or at some later date provided an
official certificate of discharge is produced to the Superintendent; or







(b) is required by the Superintendent; or

(c) relates to item 2 or 14 of the Second Schedule; or

(d)constitutes an alteration to an criginal entry and is made by the
Superintendent or a proper officer or by a public officer authorized
by the Superintendent to make such an endorsement.
L.N. 114/75. L.N. 22/78. L.N. 213/78. Citation. Interpretation. L.N. 22/78. Application for service record books. First Schedule. L.N. 22/78. Issue of service record books. Third Schedule. Form and content of service record books. Second Schedule. Entries in service record books. L.N. 22/78. Second Schedule. L.N. 22/78. Authorization of persons to make or correct entries in service record books. L.N. 22/78. Notification of entries and alterations. L.N. 22/78. First Schedule. Alterations in service record books. Production of service record books. L.N. 22/78. Delivery of service record books. Effect of loss, etc. of service record books. L.N. 22/78. Effect of lack of space in service record book. L.N. 22/78. Issue of renewed service record books. L.N. 22/78. Third Schedule. Notification of errors in service record books. Surrender of service record book. L.N. 213/78. L.N. 213/78. Penalty. Savings. (Cap. 281, sub. leg. 1969 Ed. p. M1) Payment of fees. Third Schedule. Alteration of First Schedule. L.N. 22/78. L.N. 22/78. L.N. 22/78.

L.N. 114/75. L.N. 22/78. L.N. 213/78. Citation. Interpretation. L.N. 22/78. Application for service record books. First Schedule. L.N. 22/78. Issue of service record books. Third Schedule. Form and content of service record books. Second Schedule. Entries in service record books. L.N. 22/78. Second Schedule. L.N. 22/78. Authorization of persons to make or correct entries in service record books. L.N. 22/78. Notification of entries and alterations. L.N. 22/78. First Schedule. Alterations in service record books. Production of service record books. L.N. 22/78. Delivery of service record books. Effect of loss, etc. of service record books. L.N. 22/78. Effect of lack of space in service record book. L.N. 22/78. Issue of renewed service record books. L.N. 22/78. Third Schedule. Notification of errors in service record books. Surrender of service record book. L.N. 213/78. L.N. 213/78. Penalty. Savings. (Cap. 281, sub. leg. 1969 Ed. p. M1) Payment of fees. Third Schedule. Alteration of First Schedule. L.N. 22/78. L.N. 22/78. L.N. 22/78.

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