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【法规名称】 
【法规编号】 58718  什么是编号?
【正  文】

第6页 CAP 478J MERCHANT SHIPPING (SEAFARERS) (CERTIFICATION OF OFFICERS) REGULATION

[接上页]

  (a) makes a false pretence; or
  
  (b) supplies false information,knowing it to be false or not believing it to be true commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.
  
  (2) Any person who-
  
  (a) permits any other person to use a certificate of competency or of service to which that other person is not entitled; or
  
  (b) falsely pretends to be entitled to a certificate of competency or of service,commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.
  
  (3) Where any person is convicted of an offence under subsection (1) or (2) or of the offence of fraud under section 16A of the Theft Ordinance (Cap 210) in relation to a certificate of competency or a certificate of service, or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a certificate of competency or a certificate of service, the Authority may cancel, or suspend for any period, the certificate of competency or certificate of service held by such person. (45 of 1999 s. 9)
  
  (4) The owner or the master of any ship who authorizes or permits the ship to proceed to sea in contravention of section 13, as read with any determinations made by the Authority under section 15, whether or not the ship so proceeds, commits an offence and is liable-
  
  (a) on conviction upon indictment, to a fine at level 6 and to imprisonment for 2 years; or
  
  (b) on summary conviction, to a fine at level 3 and to imprisonment for 2 years.(5) Any person who contravenes section 16 commits an offence and is liable-
  
  (a) on conviction upon indictment, to a fine at level 6 and to imprisonment for 2 years; or
  
  (b) on summary conviction, to a fine at level 3 and to imprisonment for 2 years.
  
  (Enacted 1995)
  
  Cap 478J s 18 Appeals
  
  Any person aggrieved by a decision of the Authority under section 8(2) or 10(2) to refuse to issue him a certificate or licence may appeal against the decision to the Administrative Appeals Board.
  
  (Enacted 1995)
  
  Cap 478J s 19 Certificates issued under the repealed Regulations deemed to be certificates issued under this Regulation
  
  (1) Any certificate issued under a provision of the repealed Regulations and in force immediately before the commencement of this Regulation shall be deemed to be a certificate issued under the corresponding provision of this Regulation and shall be subject to the same qualifications and limitations, if any, as were endorsed on that certificate immediately before that commencement, and the provisions of this Regulation shall apply accordingly.
  
  (2) Any certificate issued under a provision of the repealed Regulations which was, immediately before the commencement of this Regulation, suspended under the repealed Regulations shall, subject to subsection (3), be deemed, for the purposes of subsection (1), to be in force immediately before that commencement.
  
  (3) Where any certificate issued under a provision of the repealed Regulations is deemed by virtue of subsection (1) to be a certificate issued under a corresponding provision of this Regulation and was, immediately before the commencement of this Regulation, suspended under a provision of the repealed Regulations, then that certificate shall, in the like manner, be deemed to be suspended under the corresponding provision of this Regulation for the period concerned of such suspension left to serve immediately before that commencement, and the provisions of this Regulation shall apply accordingly.
  
  (4) For the purposes of this section, a reference in a certificate first-mentioned in subsection (1) to a dynamically supported ship shall be deemed to be a reference to a high-speed craft.
  
  (Enacted 1995)
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