【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第11页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (b) the appeal is in respect of the suspension of the seafarer's registration and the period of suspension has not then expired, the Superintendent shall, unless the Authority has previously directed otherwise, forthwith withdraw the suspension of the seafarer's registration.(2) Where the hearing of an appeal made under section 31 is not commenced within the period specified in subsection (1) and the Authority is satisfied that the failure to commence the hearing within that period was- (a) caused by failure to serve notice under section 31(4) on the seafarer by whom the appeal is made, despite reasonable attempts to do so; or (b) the result of an adjournment or postponement of the hearing at the request of or due in any way to the seafarer by whom the appeal is made,the Authority may extend, and may further extend, the period within which the hearing shall be commenced for such period as he thinks fit. (Enacted 1995) Cap 478 s 33 Hearing of appeal in absence of appellant Where at the date, time and place set down for the hearing of an appeal made under section 31 the seafarer by whom the appeal is made does not appear before the Appeals Board, the Appeals Board may proceed with the hearing where it is satisfied that - (a) the notice required under section 31(4) has been served on the seafarer; and (b) the seafarer, or counsel or a solicitor or agent representing the seafarer at the hearing, has provided no good reason for the seafarer's absence,but, where the Appeals Board is not so satisfied, it may adjourn, or re-adjourn, the hearing of the appeal. (Enacted 1995) Cap 478 s 34 Practice and procedure upon hearing of appeal (1) Subject to section 35 and this section, the practice and procedure on the hearing by the Appeals Board of an appeal made under section 31 by a seafarer on the ground that the period for which his registration was suspended is excessive shall be such as the Appeals Board thinks fit. (2) The practice and procedure on the hearing by the Appeals Board of an appeal made under section 31 by a seafarer on the ground that he disputes the ground on which his name was removed from the register or his registration was suspended shall, subject to sections 33 and 35 and this section, be such as the Appeals Board thinks fit and that- (a) the burden of proof shall be on the Superintendent; (b) the Superintendent may address the Appeals Board and adduce evidence in support of his case; (c) the seafarer shall be entitled to put questions to any witness called by the Superintendent; (d) where all the evidence that the Superintendent wishes to adduce has been adduced, the seafarer may give evidence himself and adduce other evidence in support of his case and may then address the Appeals Board; (e) the Superintendent shall be entitled to put questions to the seafarer if he gives evidence and to any witness called by the seafarer; and (f) the Appeals Board may call any witness whom it considers necessary, but the Superintendent and the seafarer shall be entitled to put questions to any such witness and, where any such witness is called after the seafarer has addressed the Appeals Board pursuant to paragraph (d) the seafarer shall be entitled to address the Appeals Board again on any matter arising from the evidence given by such witness.(3) On the hearing of an appeal made under section 31 by a seafarer, the seafarer may be represented by a counsel or solicitor or an agent (including an official of any union of which the seafarer is a member by virtue of being a seafarer) and the Superintendent may be represented by a legal officer. (4) Any deposition made on oath by any person before a magistrate or other person authorized by law to take such deposition, or before any accredited consular officer, shall be admissible in evidence in any proceedings before the Appeals Board- (a) if, at the time, the person by whom the deposition was made is not, or cannot be found, in Hong Kong; and (b) if the deposition is authenticated by the signature of the magistrate or other person, or of the accredited consular officer, before whom it was made.(5) Any deposition purporting to be signed by the magistrate or accredited consular officer or like person before whom it was made shall be deemed to have been so signed in the absence of evidence to the contrary. (6) Any entry in the official log book of any ship or in any similar document, and any document purporting to be a copy of any such entry and to be certified as a true copy by any person specified in subsection (7), shall be admissible in evidence and, in the absence of evidence to the contrary, be evidence of the matters stated therein in proceedings before the Appeals Board if the entry was made and signed by the master and some other member of the crew of the ship, within 24 hours after the occurrence to which it relates or within such other time as may be allowed under the maritime law applicable to the ship concerned. (7) For the purposes of subsection (6), a copy of an entry in the official log book of any ship or in any similar document may be certified by- |
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