【法规名称】
【法规编号】 58714 什么是编号？
【正 文】
第4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 22 Discharge in Hong Kong A notice of discharge is not required in respect of a seafarer discharged in Hong Kong- (a) if- (i) at the time of discharge, not such dispute or complaint in writing as is referred to in section 21(2)(d) is to be submitted or made to the Superintendent; and (ii) the master of the ship concerned has reasonable grounds for believing that the total number of seafarers (other than seafarers exempted by section 3(c) from the requirements of section 80 of the Ordinance) who will be discharged from the ship, while it remains in the place where the seafarer is being discharged, will not exceed 2;(b) if the seafarer is to be discharged from a ship exempted from the requirements of section 80 of the Ordinance by section 3(a) or (b); (c) if the seafarer is exempted from the requirements of section 80 of the Ordinance by section 3(c); or (d) if the crew agreement under which the seafarer is employed relates to more than one ship. (Enacted 1995) Cap 478L s 23 Discharge outside Hong Kong A seafarer employed in a ship shall not be discharged from the ship in a place outside Hong Kong without the consent of the Superintendent, except where- (a) the seafarer is employed under an agreement for one or more voyages and he is to be discharged either at the end of that voyage or of the last of such voyages; (b) the seafarer is employed under an agreement for a specified period and he is to be discharged at the end of that period; (c) the seafarer and the master of the ship agree (notwithstanding anything in the agreement under which the seafarer is employed) that he should be discharged at the place and at the time when he is discharged; or (d) it appears to the master that it is not practicable without unreasonably delaying the ship to obtain the consent of the Superintendent to a seafarer's discharge and that- (i) in the interests of safety or for the preservation of good order and discipline on board the ship, it is necessary that the seafarer should be discharged; or (ii) the seafarer is incapable of performing his duties by reason of illness or injury and is in urgent need of medical or surgical attention which cannot be provided on board the ship. (Enacted 1995) Cap 478L s 24 Procedure on discharge (1) Where a seafarer is present when he is discharged- (a) the master of the ship from which the seafarer is being discharged, or one of the ship's officers authorized by him in that behalf, shall, before the seafarer is discharged- (i) if the seafarer produces his employment registration book, service record book or discharge book to him, record in it the name of the ship, its port of registry, gross or register tonnage and official number, the description of the voyage, the capacity in which the seafarer has been employed in the ship, the date on which he began to be so employed and the date and place of his discharge; or (ii) if the seafarer does not produce his employment registration book, service record book or discharge book to him, give to the seafarer a certificate of discharge containing the like particulars;(b) the master of a ship shall ensure that the seafarer is discharged in the presence of- (i) the Superintendent; (ii) the master; (iii) the seafarer's employer; or (iv) a person authorized in that behalf by the master or employer;(c) the master or person authorized in that behalf by the master shall- (i) make and sign an entry in the official log book recording the place, date and time of the seafarer's discharge if it occurs during the currency of the crew agreement; and (ii) make and sign an entry in the crew agreement or, if there is a list of crew separate from a crew agreement, in the list of crew, recording the place and date of, and the reason for, the seafarer's discharge; and(d) the seafarer shall sign the entry in the crew agreement and list of crew referred to in paragraph (c)(ii).(2) Where a seafarer is not present when he is discharged, the master, or a person authorized in that behalf by the master, shall still make the entries referred to in subsection (1)(c). (3) All entries in the official log book required under subsections (1) and (2) shall, in addition to being signed by the person making the entry, be signed also by a member of the crew. (4) If a seafarer so requests within a period of 6 months from the date of his discharge from or his leaving a ship, the master of the ship, or one of the ship's officers authorized by the master in that behalf, shall give to the seafarer a certificate (which shall be separate from any other document) either as to the quality of his work or indicating whether he has fully discharged his obligations under the crew agreement under which he was employed. (Enacted 1995) Cap 478L s 25 Offences (1) Any person (including the master of a ship) who- (a) discharges a seafarer in contravention of any of the provisions of section 23; (b) fails to comply with an obligation imposed on him under section 24(1)(a) or (c)(ii) or (4); or (c) fails to comply with an obligation imposed on him under section 24(2) in relation to an entry in a crew agreement or in a list of crew,commits an offence and is liable on conviction to a fine at level 2. (2) Any person (including the master of a ship) who- (a) fails to make an entry in the official log book as required by section 24(1)(c)(i); or (b) fails to comply with an obligation imposed on him under section 24(2) in relation to an entry in the official log book,commits an offence and is liable on conviction to a fine at level 1. (3) The master of a ship who fails to comply with an obligation imposed on him under section 21(1) or 24(1)(b) commits an offence and is liable on conviction to a fine at level 2. (4) A seafarer who fails to comply with an obligation imposed on him under section 24(1)(d) commits an offence and is liable on conviction to a fine at level 1. (Enacted 1995) |
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