【法规名称】
【法规编号】 58710 什么是编号？
【正 文】
CAP 478N MERCHANT SHIPPING (SEAFARERS) (DISCIPLINARY OFFENCES ON BOARD SHIPS) REGULATION
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(Cap 478 sections 107, 119 and 134) [2 September 1996] (L.N. 604 of 1995) Cap 478N s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478N s 2 Interpretation In this Regulation, unless the context otherwise requires- "day's pay" (日工资), in relation to a seafarer, means 1/30th of the monthly rate of wages specified in the crew agreement under which the seafarer is employed in the ship concerned; "master" (船长) includes (except in section 6) any officer authorized under section 6(2) to exercise the powers of the master and to perform his duties in relation to a disciplinary offence; "seafarer" (海员) does not include an officer; "ship" (船、船舶) means a Hong Kong ship. (Enacted 1995) Cap 478N s 3 Application This Regulation shall apply to every seafarer employed under a crew agreement. (Enacted 1995) Cap 478N s 4 Disciplinary offences on board all ships It is a disciplinary offence on board a ship for a seafarer- (a) wilfully to strike any person; (b) wilfully to disobey a lawful command; (c) without reasonable cause- (i) to fail to be available for duty at a time when he is required by the master or by a person authorized by the master to be so available; (ii) to fail to report or to remain at his place of duty at a time when he is so required to be at that place; or (iii) while on duty, to be asleep at his place of duty;(d) to be under the influence of drink or a drug (whether alone or in combination) to such an extent that he behaves in a disorderly manner or is unfit to be entrusted with his duty or with any duty which he might be called upon to perform, unless the drug was taken by him for medical purposes and either- (i) he took it on medical advice and complied with any directions given as part of that advice; or (ii) he had no reason to believe that the drug might have the influence it had;(e) without the consent of the master or of any other person authorized to give it, to bring on board the ship or to have in his possession on board any offensive weapon; (f) wilfully and without reasonable cause- (i) to damage the ship; (ii) to damage any property on board the ship; or (iii) to throw any such property overboard;(g) without reasonable cause, to take or to be in possession of any property belonging to or in the custody of any person on board the ship; or (h) to cause or knowingly to permit to be on board the ship any person who, not being authorized by law to be on board the ship, is on board without the consent of the master or of any other person authorized to give it. (Enacted 1995) Cap 478N s 5 Disciplinary offences on board certain ships (1) This section shall apply to any ship in which- (a) by reason of the cargo or stores which are or have been carried in the ship, there is a special risk of fire or explosion; and (b) the master or employer has given notice to seafarers in the ship, whether by means of notices displayed in the ship or otherwise, that the acts referred to in subsection (2)(a), (b) and (c) are prohibited, either in all or specified parts of the ship.(2) It is a disciplinary offence on board a ship to which this section applies for a seafarer- (a) to smoke; (b) to use a naked light or mechanical lighter; or (c) to use an electric torch which is not of a type approved by the master,in any part of the ship in which smoking or the use of such a light, mechanical lighter or torch is prohibited by the master or the employer. (3) It is a disciplinary offence on board a ship to which this section applies for a seafarer, without the consent of the master or of any other person authorized to give it, to bring on board the ship or to have in his possession on board any matches or a mechanical lighter. (4) In this section, "mechanical light" (机械打火器) includes any mechanical, chemical, electronic or electrical contrivance designed or adapted for or capable of causing fire or explosion. (Enacted 1995) Cap 478N s 6 Only master or authorized officer may deal with disciplinary offence (1) Subject to subsection (2), a disciplinary offence may be dealt with only by the master of the ship on board which the offence is alleged to have occurred and the master may impose a fine (not exceeding such an amount as is specified in section 10) on the seafarer whom he finds has committed the offence. (2) The powers of the master in relation to a disciplinary offence may be exercised and his duties may be performed by any officer authorized for the purpose by the master. (3) The name of any officer authorized under subsection (2) shall be entered by the master in the official log book. (Enacted 1995) Cap 478N s 7 Time within which disciplinary offence must be dealt with A disciplinary offence shall be dealt with within 24 hours of the time it comes to the notice of the master, unless it is not practicable to deal with it within that time, in which case it shall be dealt with as soon as practicable thereafter. (Enacted 1995) Cap 478N s 8 Procedure relating to disciplinary offences |
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