【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第12页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (a) the Superintendent; (b) an accredited consular officer; (c) a port authority; (d) a notary public; or (e) a commissioner for oaths,or by any person who has functions similar to those of any person referred to in paragraph (a), (b), (c), (d) or (e) and recognized for the purposes of this Ordinance by the Superintendent. (8) Any entry in the official log book of any ship, or in any similar document, purporting to be signed by the master and another member of the crew of the ship shall be presumed to have been so signed in the absence of evidence to the contrary, and any date and time purporting to be the date on and time at which any such entry was made and signed shall be presumed to be the date on and time at which the same was made and signed in the absence of evidence to the contrary. (9) A copy of any entry in the official log book of any ship or in any similar document purporting to be certified by any person specified in subsection (8) shall be presumed to have been so certified in the absence of evidence to the contrary. (10) Subject to this section, the Appeals Board may receive and consider such evidence as it thinks fit, notwithstanding that the evidence would not be admissible under rules relating to admission of evidence in courts of law. (11) A counsel, solicitor, agent or legal practitioner appearing before the Appeals Board at the hearing of an appeal made under section 31 shall have the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the District Court. (12) A witness appearing at the hearing of an appeal made under section 31 shall have the same liabilities, protection and immunity as a witness has in proceedings before the District Court. (Enacted 1995) Cap 478 s 35 Majority decision The decision of the Appeals Board on an appeal made under section 31 shall be that of the majority of the members except that, in the event of an equality of votes, the chairman of the Appeals Board shall have a casting as well as a deliberative vote. (Enacted 1995) Cap 478 s 36 Determination of appeal (1) Subject to subsection (3), where, on hearing of an appeal made under section 31, the Appeals Board by majority vote affirms the Superintendent's decision the subject of the appeal, the Appeals Board shall dismiss that appeal. (2) Where, on the hearing of an appeal made under section 31, the Appeals Board by majority vote does not affirm the decision of the Superintendent the subject of the appeal, the Appeals Board shall direct the Superintendent to- (a) restore to the register the name of the seafarer by whom the appeal is made; or (b) withdraw the suspension of the registration of the seafarer by whom the appeal is made,as the case requires. (3) The Appeals Board may, by majority vote, instead of affirming the decision of the Superintendent the subject of an appeal made under section 31 by a seafarer- (a) direct that the seafarer's name be restored to the register but that his registration be suspended for a period not exceeding 36 months; (b) direct that the seafarer's registration be suspended for such shorter period, or for such longer period, not exceeding 36 months, as it thinks fit; or (c) direct the Superintendent to restore the name of the seafarer to the register, or withdraw the suspension of the seafarer's registration, and serve the seafarer with a caution in writing to be of good behaviour in the future. (Enacted 1995) Cap 478 s 37 Seafarer, etc. to be given notice of decision of Appeals Board (1) The Authority shall, as soon as practicable after a decision has been made under section 36 in respect of an appeal made under section 31, notify in writing the seafarer by whom the appeal was made of- (a) that decision; and (b) the findings of facts, and evidence in support thereof, by the Appeals Board in coming to that decision.(2) Where pursuant to a direction given under section 36(2) the Superintendent restores the name of a seafarer to the register or withdraws the suspension of registration of a seafarer, he shall forthwith give notice in writing thereof to the seafarer's employer, if any. (3) Where under section 36(3) the Appeals Board directs that a seafarer's registration be suspended for a shorter period, the Superintendent shall give notice in writing of that decision to the seafarer's employer, if any. (Enacted 1995) Cap 478 s 38 Appeal to judge of District Court on point of law (1) Where a seafarer whose appeal is referred under section 31(4) to the Appeals Board is dissatisfied in point of law with a decision of the Appeals Board on the appeal, he may, not later than 30 days after the notification under section 37(1) is served on him, appeal to a judge of the District Court. (2) A judge of the District Court hearing an appeal under subsection (1) may, where he is of the opinion that the decision of the Appeals Board to which that appeal relates was erroneous in point of law- (a) allow the appeal and give such directions in the matter as he thinks fit; or |
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