【法规名称】
【法规编号】 58668 什么是编号？
【正 文】
第7页 CAP 548 MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE
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[接上页] (l) the issue of a copy of any local certificate of competency which has been lost, destroyed, damaged or defaced; (m) the surrender of local certificates of competency upon their expiry or replacement; (n) fees and forms, in relation to examinations conducted under subsection (1), the issue of local certificates of competency and recognition of certificates of competency as equivalent to local certificates of competency; (o) generally, provisions in respect of local certificates of competency.(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of such charge as the Director may determine, provide a copy of the rules to any person. (4) The Director may grant a local certificate of competency as a coxswain, engine operator or pleasure vessel operator to a person without requiring him to undergo the appropriate examination specified in the rules made under subsection (2), if the person produces to the Director suitable documentary evidence, or satisfies the Director in a manner specified in the rules, of his competence for the grant of such a certificate. (5) Without prejudice to subsection (4), the Director may exempt a person from undergoing any part of the appropriate examination for the grant of a local certificate of competency specified in the rules made under subsection (2), if the person satisfies the Director in a manner specified in the rules that he is qualified for such exemption. (6) Rules made under subsection (2) may direct that no local certificate of competency shall be granted to any person unless- (a) he has reached such minimum age as may be specified therein; and (b) he has obtained such experience or performed such service on such class of vessel as may be specified therein.(7) Rules made under subsection (2) may direct that a local certificate of competency shall expire upon the holder's attaining such age as may be specified therein but that it may thereafter be extended for such periods and in such manner as may be so specified. (8) For the avoidance of doubt, it is hereby declared that rules made under this section are not subsidiary legislation. Cap 548 s 17 Inquiry into fitness or conduct of holder of local certificate of competency Remarks: not yet in operation (1) Where it appears to the Director that the holder of a local certificate of competency- (a) is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason; or (b) has been seriously negligent in the discharge of his duties,the Director may cause an inquiry to be held and may, if he thinks fit, suspend, pending the outcome of the inquiry, the certificate and require the holder to deliver it to him. (2) Where an inquiry is to be held under this section- (a) the inquiry shall be- (i) held by one or more persons appointed by the Chief Justice; and (ii) conducted in accordance with rules made under section 20 (which rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors); and(b) the persons holding the inquiry shall for the purpose of the inquiry have the powers given by section 18(1).(3) The persons holding an inquiry under this section and the assessors assisting them shall be remunerated at a rate which shall take account of the amount of work and time occupied by them upon the business of the inquiry and such remuneration shall be determined by the Secretary for Economic Development and Labour either generally from time to time or specifically in any particular case: (Amended L.N. 106 of 2002) Provided that nothing in this subsection shall be construed to authorize the payment of remuneration to any person employed full time in any office of emolument under the Government. (4) The persons holding an inquiry under this section into the fitness or conduct of the holder of a local certificate of competency- (a) may, if satisfied of any of the matters specified in subsection (1)(a) or (b), cancel or suspend the certificate or censure him; (b) may make such order with regard to the costs of the inquiry or any part thereof (including witnesses' costs) as they think just, and such order shall be enforced by them in the same way as an order for costs under the Magistrates Ordinance (Cap 227); and (c) shall make a report on the case to the Director,and, if the certificate is cancelled or suspended, the holder, unless he has delivered it to the Director pursuant to subsection (1), shall deliver it forthwith to the persons holding the inquiry or to the Director. (5) Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from him by the Director. Cap 548 s 18 Powers of persons holding inquiry, etc. Remarks: not yet in operation (1) The persons holding an inquiry under section 17 may- (a) make such examination and investigation as they consider necessary for the purpose of the inquiry; (b) require any person who they have reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (a)- |
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