【法规名称】
【法规编号】 58710 什么是编号？
【正 文】
第2页 CAP 478N MERCHANT SHIPPING (SEAFARERS) (DISCIPLINARY OFFENCES ON BOARD SHIPS) REGULATION
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[接上页] In dealing with a disciplinary offence, the following procedure shall be followed- (a) a seafarer charged with a disciplinary offence shall, if he so requests, be permitted at the hearing before the master to be accompanied by a friend for the purpose of advising him and the friend may speak on behalf of the seafarer; (b) the charge shall be entered by the master in the official log book and shall be read to the seafarer by the master, who shall record therein that it has been so read; (c) the seafarer shall then be asked whether or not he admits the charge and- (i) if he does admit it, the admission shall be recorded by the master in the official log book; and (ii) if he does not admit it, an entry to that effect shall be recorded by the master in the official log book;(d) the evidence of any witness called by the master shall be heard in the presence of the seafarer, who shall be afforded reasonable opportunity to question the witness on his evidence; (e) the seafarer shall be given an opportunity to make a statement in answer to the charge, including any comments on the evidence produced against him, and the particulars of the statement (or a record that the seafarer declined to make one, if such should be the case) shall be entered by the master in the official log book or contained in a separate document annexed to, and referred to in an entry made by the master in, the official log book; (f) the seafarer shall be permitted to call witnesses to give evidence on his behalf, and any such witness may be questioned by the master on his evidence; (g) the master shall, after consideration of all the evidence given before him, give his decision in the presence of the seafarer as to whether he finds the seafarer has committed the offence charged and- (i) if he does not find that the seafarer has committed the offence, he shall dismiss the charge; and (ii) if he finds that the seafarer has committed the offence, he shall, after having regard to any mitigating circumstances brought to his notice, give his decision either as to the amount of the fine he is imposing or that he is imposing no fine, and the master shall record his decisions in the official log book; and(h) where the master finds the seafarer has committed the offence charged, the master shall- (i) first, inform the seafarer that, if he is dissatisfied with that finding, he may, pursuant to section 9, make a complaint in writing to the Superintendent stating his dissatisfaction, but that any such complaint must be accompanied by copies of all entries in the official log book (including any annexes thereto) referring to that offence; and (ii) secondly, if the seafarer so requests, supply him with such copies, and the master shall record in the official log book that he has so informed the seafarer and, where applicable, that he has supplied the seafarer with such copies. (Enacted 1995) Cap 478N s 9 Action that may be taken by seafarer and Superintendent subsequent to finding that a disciplinary offence has been committed by the seafarer (1) Where the master of a ship finds that a seafarer has committed a disciplinary offence and the seafarer is dissatisfied with that finding, the seafarer may make a complaint in writing to the Superintendent stating his dissatisfaction. (2) A complaint referred to in subsection (1)- (a) shall be accompanied by copies of all entries in the official log book (including any annexes thereto) referring to the disciplinary offence to which the complaint relates; and (b) may be sent to the Superintendent by any expedient means.(3) Where the Superintendent receives a complaint referred to in subsection (1) and, pursuant to section 9(4) of the Merchant Shipping (Seafarers) (Official Log Books) Regulation (Cap 478 sub. leg.), he subsequently cancels the entries in the official log book (including any annexes thereto) referring to the disciplinary offence to which that complaint relates, the Superintendent shall- (a) cause to be refunded to the seafarer any amount paid in respect of any fine imposed on the seafarer in respect of that offence to the extent that the fine has not been remitted under section 11; and (b) by any expedient means, inform the seafarer and, if it is practicable to do so, the master concerned, that those entries have been cancelled and that any amount paid in respect of any such fine is to be refunded. (Enacted 1995) Cap 478N s 10 Level of fines (1) The fine that may be imposed on a seafarer for a disciplinary offence under section 4 shall be an amount not exceeding 1 day's pay or, in the case of a second or subsequent commission of that offence before the seafarer is discharged from the ship, an amount not exceeding 2 days' pay. (2) The fine that may be imposed on a seafarer for a disciplinary offence under section 5 shall be an amount not exceeding 5 days' pay. (Enacted 1995) Cap 478N s 11 Remission of fines A fine imposed on a seafarer for a disciplinary offence may be remitted in whole or in part by the master- |
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