【法规名称】
【法规编号】 58706 什么是编号？
【正 文】
第2页 CAP 478P MERCHANT SHIPPING (SEAFARERS) (OFFICIAL LOG BOOKS) REGULATION
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[接上页] (Enacted 1995) Cap 478P s 7 False, inaccurate or incomplete entries No person shall make an entry he knows or has reason to believe is false, inaccurate or incomplete. (Enacted 1995) Cap 478P s 8 Time for making of entries (1) Entries of particulars specified in paragraphs 1, 2, 3, 5 and 38 of the Schedule shall be made at the time when an official log book is opened, and- (a) a further entry of particulars specified in paragraph 3 of the Schedule shall be made as soon as practicable after any change of master; and (b) a further entry of particulars specified in paragraph 38 of the Schedule shall be made as soon as practicable after a new load line certificate is issued in respect of the ship under section 51, or a new load line exemption certificate is issued in respect of the ship under section 63, of the Merchant Shipping (Safety) Ordinance (Cap 369).(2) The entry of particulars specified in paragraphs 7 and 22 of the Schedule shall be made as soon as practicable after the ship arrives at or leaves any dock, wharf, port or harbour, as the case may require. (3) The entry of particulars specified in paragraph 9 of the Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Musters Regulations. (4) The entries of particulars specified in paragraph 33(b) and (c) of the Schedule shall be made daily or at such other time during the continuance of the illness or injury as the person making any such entry thinks fit. (5) The entry of particulars specified in paragraph 39 of the Schedule shall be made before the ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea. (6) Every other entry shall be made as soon as practicable after the occurrence to which it relates or, if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amendment or cancellation. (7) Subject to the provisions of section 9, no entry shall be made in an official log book after the time referred to in section 11(1). (Enacted 1995) Cap 478P s 9 Amendment and cancellation of entries (1) Subject to the provisions of this section, an entry shall not be amended or cancelled. (2) Where- (a) in the case of an entry which was required to be signed by the master, it appears to the person who for the time being is master of the ship that the entry is inaccurate or incomplete; or (b) in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete,that person shall, if it is practicable to do so before the time referred to in section 11(1), make and sign a further entry referring to the entry and amending or cancelling it, and sections 5(1) and (2)(b), 6 and 12(1) shall apply to the further entry. (3) Where, after the time referred to in section 11(1), it appears to the Superintendent that an entry, other than an entry made in respect of a disciplinary offence, is inaccurate or incomplete, he- (a) may make and sign a further entry referring to the entry and amending or cancelling it; and (b) shall, if it is practicable to do so, inform any master or seafarer, to whom any such further entry relates, of its contents.(4) Where, after the time referred to in section 11(1), it appears to the Superintendent that any entries made pursuant to section 9 of the Disciplinary Offences Regulation have been improperly made to such an extent that, in his opinion, the disciplinary offence to which those entries relate cannot stand, he may make a further entry referring to those entries and cancelling them. (Enacted 1995) Cap 478P s 10 Production of official log book The master of a ship shall, on demand, produce to the Superintendent, an officer of the Marine Department or an officer of customs and excise, the official log book required to be kept in the ship. (Enacted 1995) Cap 478P s 11 Delivery of official log book (1) The master shall, within 28 days after the time specified in subsection (2) or (3), as the case requires, or, if it is not practicable within that time, as soon as practicable thereafter, deliver the official log book to the Superintendent. (2) Subject to subsection (3), the time referred to in subsection (1) is either- (a) if any person is employed in the ship under a crew agreement, the time when the last person remaining so employed is discharged from the ship; or (b) in any other case, the time when the ship first calls at a port more than 12 months after the first entry (other than an entry specified in paragraph 1, 2, 3, 5 or 38 of the Schedule) is made in the official log book.(3) If, at the time specified in subsection (2), there is pending a wages submission and the ship concerned is within the waters of Hong Kong, the time referred to in subsection (1) is either the time when all such submissions have been determined by the Superintendent or withdrawn, or the expiration of 7 days after the time specified in subsection (2), whichever is the earlier. |
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