MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE - minor amendment

MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE - minor amendment

CHAPTER 135

MIERCHANT SHIPPING (RECRUITING OF SEAMIEN)

The Merchant Shipping (Recruiting of Seamen) Ordinance is
amended-

(1) in section 17A-

(a) by repealing subsection (1) and substituting-

(1) Whenever the Superintendent has reason-
able grounds for believing that any seaman has, in
Hong Kong or elsewhere-

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

(b) 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the repealed Prevention of Corruption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 II 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 concemed;

(c) deserted his ship;

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

(e)been convicted of any offence of such a
nature as to render it desirable that he be
suspended temporarily from service with
foreign-going ships or should cease to serve
on such ships;

(f) while engaged in service with foreign-going
ships, been guilty of misconduct of such a
serious nature as to render it desirable that
he be suspended 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





(g)without reasonable excuse, failed to comply
with any order, direction, requirement or
request made, given or issued under or for
the purposes of this Ordinance by the
Superintendent or any other public officer,

the Superintendent shall forthwith suspend the
seaman's registration.(Replaced 59 of 1979s.2)

(b) in subsection (2)-
(i) by repealing 'specifying' and substituting 'stating';
(ii) by repealing 'and' at the end of paragraph (a);
(iii) by repealing the full stop at the end of paragraph
(b) and substituting '; and';
(iv) by adding after paragraph (b)-

(c)that if the Superintendent fails to exercise any of
the powers conferred upon him by section 17(1)
or 18(1) or (2) within 3 months after the date of
service of the notice on the seaman under this
subsection, the seaman shall be entitled to have
the case referred to the Authority for a decision if
the seaman so requests. (Added 59 of 1979 s.2)

(c) by repealing subsection (4) and substituting-

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

(a)the Superintendent exercises in relation to
that seaman any of the powers conferred on
the Superintendent under section 17(1) or
(2) or 18(1) or (2); or

(b)the case is determined by a Board of
Reference under section 28A,

whichever is the sooner. (Replaced 59 of 1979s.2)

(5) Whenever the Superintendent fails to
exercise any of the powers conferred upon him by
section 17(1) or 18(1) or (2) within 3 months after the
date of service of a notice on a seaman under
subsection (2), and the seaman requests that the case
be referred to the Authority, the Superintendent shall
forthwith refer the case to the Authority and serve
notice on the seaman that the case has been so
referred. (Added 59 of 1979 s.2)

(2) by repealing section 19;

(3) by adding after section 28-





28A. (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 17A(5), the Board of
Reference is unanimously satisfied that the seaman has, in
Hong Kong or elsewhere-

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

(b) 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 1I 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;

(c) deserted his ship;

(d)neglected, or refused without reasonable excuse,
to join his ship or to proceed to sea in his ship;

(e)been convicted of any offence of such a nature as
to render it desirable that he be suspended
temporarily from service with foreign-going ships
or should cease to serve on such ships;

(f) while engaged in service with foreign-going ships,
been guilty of misconduct of such a serious
nature as to render it desirable that he be
suspended 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

(g)without reasonable excuse, failed to comply with
any order, direction, requirement or request
made, given or issued under or for the purposes
of this Ordinance by the Superintendent or any
other public officer,

the Board of Reference may, subject to section 30, exercise
the powers specified in subsection (3).

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





Superintendent to withdraw the suspension of the
seaman's registration.

(3) The powers referred to in subsection (1) are-

(a)where the Board of Reference is unanimously
satisfied as to any of the grounds specified in
subsection (1)(a) or (b)-
(i) to direct the Superintendent to remove the
name of the seaman from the register; or
(ii) to direct the Superintendent to withdraw
the suspension of the seaman's registration; and

(b)where the Board of Reference is unanimously
satisfied as to any of the grounds specified in
subsection (1)(c), (d), (e), (f) or (g)-
(i) to direct the Superintendent to remove the
name of the seaman from the register;
(ii) to direct the Superintendent to withdraw
the suspension of the seaman's registration;
(iii) to suspend the seaman's registration for
such further period, not exceeding 24 months, as
it thinks fit; or
(iv) to direct the Superintendent to withdraw
the suspension of the seaman's registration and
issue him with a caution in writing to be of good
behaviour in the future.
(Added 59 of 1979 s. 4)

(4) in section 32 by repealing subsection (1) and substituting-

(1) A seaman-

(a)whose appeal is referred by the authority under
section 20 to a Board of Reference; or

(b)whose case is referred by the authority under
section 21 to a Board of Reference,

and who is dissatisfied in point of law with a decision of
the Board of Reference on the appeal or case may, within
28 days after the service on him of the statement required
to be served on him by section 27(1) or 31(1), as the case
may be, appeal to a judge of the District Court.
(Replaced 59 of 1979s. 5. Amended 79 of 1981 s.4)

(5)in section 47(1) and (2) by repealing '$500' and substituting
'$5,000' ;

(6) to the extent specified in the Schedule.







Merchang Shipping (Recruiting of Seamen)
59 of 1979 s. 2. (Cap. 215 1964 Ed.) (Cap. 201) 59 of 1979 s. 3. 59 of 1979 s. 3. Determination of cases referred to the Authority under section 17A(5) (Cap. 215 1964 Ed.) (Cap. 201) 59 of 1979 s. 5. 7 of 1983 s. 2. 59 of 1979 s. 6.

59 of 1979 s. 2. (Cap. 215 1964 Ed.) (Cap. 201) 59 of 1979 s. 3. 59 of 1979 s. 3. Determination of cases referred to the Authority under section 17A(5) (Cap. 215 1964 Ed.) (Cap. 201) 59 of 1979 s. 5. 7 of 1983 s. 2. 59 of 1979 s. 6.

https://oelawhk.lib.hku.hk/items/show/3702

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