【法规名称】
【法规编号】 58714 什么是编号？
【正 文】
第3页 CAP 478L MERCHANT SHIPPING (SEAFARERS) (CREW AGREEMENTS, LISTS OF CREW AND DISCHARGE OF SEAFARERS) REGULATION
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[接上页] (Enacted 1995) Cap 478L s 13 Delivery of copies of lists of crew and notification of changes (1) Where- (a) a new list of crew is made; or (b) any change (including the addition of any particulars) is made in a list of crew,the master of the ship concerned shall, if such new list or change is not made before the Superintendent, within 28 working days after such new list or change is made or, if it is not practicable within that period, as soon as practicable thereafter, deliver to the Superintendent- (i) a copy of the new list or notification of the change, as the case may be; and (ii) copies of any certificates of competency or of service or licences, and any other certificates and endorsements, required under the Ordinance to be held by seafarers entered in a list of crew.(2) For the purposes of subsection (1), the master of the ship concerned shall endorse the copy of a new list of crew or the notification of any change with a certificate that it is a true copy. (3) Where a ship remains within the waters of Hong Kong for not less than 2 working days, the employer shall, within 2 working days of the ship's arrival in such waters, deliver a list of crew to the Superintendent. (4) Where a list of crew is delivered to the Superintendent under subsection (3), he shall- (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 list of crew to the employer concerned. (Enacted 1995) Cap 478L s 14 Copies of lists of crew (1) A copy of every list of crew (including all changes in it notified to the owner) shall be maintained by the owner of the ship at an address in Hong Kong. (2) The master of a ship shall, as soon as practicable and in any event within 3 working days of any change being made in the list of crew, notify the change to the owner of the ship. (3) In this section, "owner" (船东) has the meaning assigned to it under the Merchant Shipping (Registration) Ordinance (Cap 415). (Enacted 1995) Cap 478L s 15 Lost or abandoned ships When any person having in his possession the copy of a list of crew required to be maintained under section 14 has reason to believe that the ship to which it relates has been lost or abandoned, he shall immediately deliver the copy of the list to the Superintendent. (Enacted 1995) Cap 478L s 16 Superintendent may demand lists of crew A person having in his possession a copy of a list of crew required to be maintained under section 14 relating to a ship shall produce it on demand to the Superintendent who may retain it or return it to that person as he thinks fit. (Enacted 1995) Cap 478L s 17 Duration of lists of crew A list of crew shall remain in force- (a) if any seafarer is employed in the ship under a crew agreement, until all the seafarers employed under that agreement in that ship have been discharged; and (b) in any other case, until the ship first calls at a port more than 6 months after the first entry relating to a seafarer is made in the list. (Enacted 1995) Cap 478L s 18 Delivery of lists of crew Where, pursuant to section 11, a list of crew is not contained in the same document as a crew agreement, the master of a ship shall, within 28 working days after the list has ceased to be in force or, if it is not practicable within that period, as soon as practicable thereafter, deliver the list to the Superintendent. (Enacted 1995) Cap 478L s 19 Production of lists of crew The master of a ship shall, on demand, produce to- (a) the Superintendent; or (b) an officer of customs and excise,the list of crew required to be maintained in the ship. (Enacted 1995) Cap 478L s 20 Offences (1) The master of a ship who fails to comply with an obligation imposed on him under section 13(1) or (2), 14(2), 18 or 19 commits an offence and is liable on conviction to a fine at level 1. (2) A person who fails to comply with an obligation imposed on him under section 13(3), 14(1), 15 or 16 commits an offence and is liable on conviction to a fine at level 1. (Enacted 1995) Cap 478L s 21 Notice of discharge PART IV DISCHARGE OF SEAFARERS (1) Subject to section 22, the master of ship shall, not less than 48 hours before a seafarer is discharged from the ship or, if it is not practicable within that period, as soon as practicable thereafter, give a notice of discharge in writing to the Superintendent if the seafarer is to be so discharged in Hong Kong. (2) A notice of discharge shall contain the following particulars- (a) the name of the ship, its port of registry and official number; (b) the place, date and time of the seafarer's discharge; (c) the capacity in which the seafarer is employed in the ship; and (d) the seafarer's name if, at the time of discharge, a dispute about his wages is to be submitted to the Superintendent under section 87 of the Ordinance or a complaint in writing is to be made by the seafarer to the Superintendent under section 9 of the Merchant Shipping (Seafarers) (Disciplinary Offences on Board Ships) Regulation (Cap 478 sub. leg.).(3) Where a notice of discharge relates to more than one seafarer, it shall state, in addition to the particulars specified in subsection (2), the number of seafarers being discharged. |
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