【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第10页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (c) without reasonable excuse, failed to comply with any order, direction, requirement or request made, given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer; or (d) after having signed off a ship, refused or failed to report to the Office within 30 days after- (i) where the ship was in Hong Kong at the time of signing off, such discharge; and (ii) in any other case, his first return to Hong Kong after such discharge,the Superintendent may, not later than 30 days after that disciplinary inquiry was so held, suspend the seafarer's registration for any period not exceeding 36 months. (2) The period during which a seafarer's registration is suspended under subsection (1) shall begin to run from and including the day on which the disciplinary inquiry in respect of that seafarer was first held. (3) Notwithstanding subsection (1), the Superintendent may, not later than 30 days after a disciplinary inquiry referred to in that subsection has been held in respect of a seafarer, instead of exercising the power conferred on him by that subsection, issue the seafarer with a caution in writing to be of good behaviour in the future. (4) Where, under subsection (1), a seafarer's registration has been suspended, the Superintendent shall forthwith serve on- (a) the seafarer, a notice in writing that his registration has been suspended and of the period for which it is suspended, together with a statement of the ground on which it is so suspended; and (b) the seafarer's employer, if any, a notice in writing that the seafarer's registration has been suspended and of the period for which it is so suspended. (Enacted 1995) Cap 478 s 30 Suspension on medical grounds (1) The Superintendent may require any seafarer whose name appears on the register, and whose registration is not for the time being suspended for any other reason, to undergo, within a specified period, such medical examinations (including medical examinations as to mental health) as to his fitness for employment in ships as the Authority may, after consultation with the Advisory Board, specify in general directions to the Superintendent. (2) The Superintendent may suspend the registration of any seafarer who, having been required under subsection (1) to undergo a medical examination, fails to pass such examination within the period specified. (3) The Superintendent shall, where he has suspended under subsection (2) the registration of a seafarer whose name appears in the register, forthwith give notice in writing thereof to the seafarer's employer, if any. (4) The suspension under subsection (2) of a seafarer's registration shall continue in effect until he produces to the Superintendent the certificate of a medical practitioner stating that he is fit for employment in ships. (5) Where a seafarer whose registration is suspended under this section produces to the Superintendent a certificate referred to in subsection (4), the Superintendent shall forthwith give notice in writing thereof to the employer to whom he gave the notice under subsection (3) in respect of that seafarer. (Enacted 1995) Cap 478 s 31 Appeals (1) Subject to section 28(6), a seafarer- (a) whose name has been removed under section 28(1) or (2) from the register; or (b) whose registration has been suspended under section 29(1),may appeal to the Authority on the grounds specified in subsection (2). (2) The grounds upon which a seafarer may appeal under this section are- (a) in the case of the removal of the name of the seafarer from the register, that he disputes the ground on which his name was so removed; and (b) in the case of the suspension of the seafarer's registration- (i) that he disputes the ground on which his registration was so suspended; (ii) that the period for which his registration was so suspended is excessive; or (iii) both of such grounds.(3) A seafarer may make an appeal under this section by delivering to the Authority, not later than 30 days after notice of the Superintendent's decision was served under section 28(4)(a) or 29(4)(a) on him, or within such further period, if any, as the Authority may allow in any particular case, a notice in writing setting forth the ground or grounds of appeal. (4) The Authority shall refer every appeal made under this section to the Appeals Board and shall serve on the seafarer by whom the appeal is made a notice stating the date, time and place at which the appeal will be heard. (Enacted 1995) Cap 478 s 32 Provision where hearing of appeal not commenced within prescribed period (1) Subject to subsection (2), where the hearing of an appeal made under section 31 by a seafarer is not commenced within 3 months after the notice of appeal was delivered in accordance with that section to the Authority and- (a) the appeal is in respect of the removal of the seafarer's name from the register, the Superintendent shall, unless the Authority has previously directed otherwise, forthwith restore the seafarer's name to the register; |
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