【法规名称】
【法规编号】 58708 什么是编号？
【正 文】
第3页 CAP 478O MERCHANT SHIPPING (SEAFARERS) (MEDICAL EXAMINATION) REGULATION
|
[接上页] (iii) cancel the certificate if he considers that the seafarer is likely to remain permanently unfit to go to sea.(2) If an approved medical practitioner suspends a medical fitness certificate under subsection (1)(i) or (ii) or cancels a certificate under subsection (1)(iii), he shall notify the Superintendent in writing as soon as reasonably practicable. (Enacted 1995) Cap 478O s 10 Appointment of medical review panel (1) The Authority may in writing appoint any 3 approved medical practitioners to constitute a medical review panel for the purpose of hearing and determining one or more applications for medical review under this Regulation. (2) The Authority shall in writing appoint 1 member of a medical review panel appointed under subsection (1) to be chairman of the panel. (3) Subject to this Regulation, a medical review panel may determine its own procedure. (Enacted 1995) Cap 478O s 11 Application for a review (1) A seafarer who is aggrieved by- (a) the refusal of an approved medical practitioner to issue him with a medical fitness certificate; (b) the imposition of a restriction on a certificate under section 6(2); (c) the suspension of a certificate for more than 3 months under section 9(1)(i) or (ii); or (d) the cancellation of a certificate under section 9(1)(iii),may apply to the Superintendent for the decision to be reviewed by a medical review panel. (2) An application under this section shall- (a) be lodged with the Superintendent within 1 month of the date on which the seafarer is given notice of the decision which is the subject of the application for review, or, where delay is caused by the seafarer's employment on board a ship away from Hong Kong, within 1 month of the seafarer's return to Hong Kong; and (b) state the name and address of the approved medical practitioner whose decision is the subject of the application for review.(3) The Superintendent shall refer to the medical review panel, any application lodged with him pursuant to subsection (2), as soon as reasonably practicable. (4) Where an application is referred under subsection (3), the medical review panel shall- (a) if practicable, obtain a written report from the approved medical practitioner whose decision is the subject of the application for review; (b) medically examine the applicant; (c) if the applicant so requests, disclose to the applicant the written report of the approved medical practitioner and any other evidence not produced by the applicant himself, unless the medical review panel considers that such disclosure would be harmful to the applicant's health; (d) have regard to any relevant medical evidence produced to it, whether or not such evidence is disclosed to the applicant under paragraph (c).(5) In the light of its medical examination of the applicant and of all other medical evidence before it, the medical review panel shall- (a) where the decision which was the subject of the application for review was a refusal to issue a medical fitness certificate, the cancellation of a certificate or the suspension of a certificate for more than 3 months, and if it considers that the applicant is fit, having regard to the medical and visual standards specified in Schedule 1, issue to the applicant a medical fitness certificate in the form specified in Schedule 2, with or without restriction as to capacity or geographical area and valid for such period as the panel shall specify, subject to section 8; (b) where the decision which was the subject of the application for review was the imposition of a restriction as to type of ship, capacity or geographical area, and if it considers that restrictions other than those imposed on the medical fitness certificate issued to the applicant should be imposed, or that any restrictions so imposed should be deleted or varied, issue to the applicant a medical fitness certificate expressed accordingly and valid for such period as the panel shall specify, subject to section 8; (c) in a case other than those referred to in paragraphs (a) and (b), notify the applicant of its decision; and (d) in every case notify the Superintendent in writing of the result of the review.(6) Action under subsection (5) shall be taken not later than 2 months from the date on which the application for review is lodged with the Superintendent, or within such longer period as the Authority may determine in any particular case. (Enacted 1995) Cap 478O s 12 Records and annual returns An approved medical practitioner who conducts a medical examination under this Regulation shall- (a) make a record in an approved form of every such medical examination and retain the same for 3 years; and (b) send an annual return of all such medical examinations to the Superintendent in a form approved by him:Provided that such form, so far as the Superintendent considers practicable, shall not include medical information which can be identified as applying to a particular person. (Enacted 1995) Cap 478O s 13 Inspection and detention of Hong Kong ships |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！