【法规名称】
【法规编号】 58714 什么是编号？
【正 文】
第2页 CAP 478L MERCHANT SHIPPING (SEAFARERS) (CREW AGREEMENTS, LISTS OF CREW AND DISCHARGE OF SEAFARERS) REGULATION
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[接上页] (a) make any entries or endorsements required under the Ordinance to be made therein by the Superintendent; and (b) as soon as possible after making any such entries or endorsements, return the crew agreement to the employer concerned. (Enacted 1995) Cap 478L s 7 Display of crew agreement (1) Subject to subsection (2), the master of a ship shall cause- (a) a copy of any crew agreement relating to the ship; or (b) an extract containing the terms of that agreement applicable- (i) to all seafarers employed under it; and (ii) to each description of seafarers so employed,to be posted in some conspicuous place on board the ship where it can be read by the seafarers employed under the crew agreement and he shall cause it to be kept so posted and legible so long as any seafarer is employed in the ship under the crew agreement. (2) The Superintendent may grant exemptions from all or any of the provisions of subsection (1) for classes of cases or individual cases on such conditions, if any, as he thinks fit and may, subject to giving reasonable notice, alter or cancel any such exemption. (Enacted 1995) Cap 478L s 8 Supply and production of copy documents Upon a seafarer making a demand of his employer or of the master of the ship on which he is employed, the employer or the master, as the case may be, shall as soon as practicable- (a) cause to be supplied to him a copy of the crew agreement under which he is employed or such extracts therefrom as are necessary to show the terms on which he is employed; and (b) cause to be made available to him a copy of any document referred to in the agreement. (Enacted 1995) Cap 478L s 9 Offences Any person who fails to comply with an obligation imposed on him under section 4, 6 (except section 6(5)) or 8, and any master of a ship who fails to comply with any obligation imposed on him under section 7 or 8, commits an offence and is liable on conviction to a fine at level 1. (Enacted 1995) Cap 478L s 10 Interpretation PART III LISTS OF CREW (1) In this Part- "certificate of competency or of service" (合格证书或服务资历证书) means a certificate of competency or of service- (a) issued or deemed to be issued under regulations made under Part VIII of the Ordinance; or (b) recognized under regulations made under Part VIII of the Ordinance as equivalent to a certificate of competency or of service issued under such regulations;"endorsement" (批注), in relation to a certificate of competency or of service or a licence, means an endorsement in respect of a trading area, type of ship or dangerous cargo. (2) In this Part, unless the context otherwise requires- (a) references to the employment of a seafarer in a ship include references to the engagement of a seafarer; and (b) references to the discharge of a seafarer include references to termination of the engagement of a seafarer. (Enacted 1995) Cap 478L s 11 Lists of crew contained in crew agreement A list of crew may be contained in the same document as a crew agreement and any particular entered in the crew agreement shall be treated as forming part of the particular entered in the list. (Enacted 1995) Cap 478L s 12 Particulars to be specified in lists of crew (1) Subject to subsection (2), a list of crew shall contain the following particulars- (a) the name of the ship, its port of registry and official number; (b) the name of the owner of the ship and his address; (c) the number of the certificate evidencing an exemption granted by the Authority from the requirements of section 80 of the Ordinance with respect to the ship or any person in it; and (d) in respect of every seafarer from time to time on board the ship, whether or not he is employed under a crew agreement- (i) his name; (ii) his address; (iii) in the case of- (A) a registered seafarer, the number of his current employment registration book, service record book or discharge book, or the date and place of his birth; and (B) any other seafarer, the number of his document equivalent to such book or the date and place of his birth;(iv) the name of the ship in which he was last employed and, if he was discharged from that ship more than 12 months before he became employed in the ship to which the list of crew relates, the year in which he was so discharged; (v) the capacity in which he is employed in the ship; (vi) the grade (including any command, service or other endorsement) and number of any certificate of competency or of service or licence, and particulars of any other certificates or endorsements, required under the Ordinance to be held by him; (vii) the date on which he went on board the ship to commence his employment in it; (viii) the date on and place at which he left the ship and, if he left on discharge, the reason for his discharge; (ix) if he is left behind otherwise than on discharge, the date and place of and the reason (if known to the master of the ship) for this being done; and (x) the name and relationship of his next of kin and the address of his next of kin, if different from that of the seafarer.(2) A list of crew which relates to seafarers employed under a crew agreement need contain only the particulars referred to in subsection (1)(a) and, in respect of each seafarer, the particulars referred to in subsection (1)(d)(i), (ii), (iii), (v), (vii) and (viii) if the remaining particulars referred to in subsection (1) are contained in the crew agreement. |
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