【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第13页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (b) remit the matter to the Appeals Board for determination in accordance with the judge's decision on the point of law.(3) The Chief Justice may make rules providing for the practice and procedure on any appeal under subsection (1). (4) Subject to any rules made under subsection (3), the practice and procedure on an appeal under subsection (1) shall be such as the judge hearing it determines. (Enacted 1995) Cap 478 s 39 Notice to employer of result of appeal Where- (a) by reason of a successful appeal under section 38; or (b) pursuant to the directions of a judge on an appeal under section 38,the Superintendent- (i) restores the name of a seafarer to the register; or (ii) withdraws the suspension of the registration of a seafarer,the Superintendent shall, as soon as practicable after taking that action, give notice in writing thereof to the seafarer's employer, if any. (Enacted 1995) Cap 478 s 40 Control of listing, supply and employment of registered seafarers PART VI CONTROL OF THE SUPPLY, SELECTION, EMPLOYMENT AND DISCHARGE OF REGISTERED SEAFARERS (1) Except as provided by section 46 or 48(1), or subsection (6), or with the permission of the Superintendent, no person shall- (a) list for prospective employment in a ship any registered seafarer; or (b) supply for employment in a ship any registered seafarer other than a registered seafarer supplied in accordance with this Ordinance by a permitted company,except at or through the Office and upon payment of the prescribed fees. (2) Except as provided by section 63(3), or subsection (6), or with the permission of the Superintendent, no person, other than a permitted company and upon payment of the prescribed fee, shall supply for employment in a ship any registered seafarer. (3) No person shall accept or receive for employment in a ship any registered seafarer who has been listed for prospective employment, supplied for employment or employed, in contravention of this section. (4) The master of a ship shall not leave the waters of Hong Kong with any registered seafarer who has been listed for prospective employment, supplied for employment or employed, in contravention of this section. (5) Without prejudice to subsection (4), the master of a ship shall not, except with the permission of the Superintendent, leave the waters of Hong Kong with any registered seafarer who, having joined the ship, has been supplied for employment or employed otherwise than at or through the Office, other than- (a) a registered seafarer who has been supplied for employment or employed pursuant to and in accordance with subsection (6); (b) a registered seafarer who has been re-employed under and in accordance with section 48; or (c) a registered seafarer who has been supplied for employment in accordance with this Ordinance by a permitted company.(6) Where there is an emergency, a registered seafarer whose registration is not for the time being suspended under this Ordinance may be supplied for employment or accepted for employment or employed in a ship otherwise than at or through the Office where- (a) no suitable, registered seafarer listed with the crew department of a permitted company is available for employment and no registered seafarer can be supplied by the Office for employment as provided in subsection (1); (b) the Office is closed at the time the registered seafarer comes to be supplied for employment or accepted for employment or employed; or (c) the ship would be delayed if the supply for employment or acceptance for employment or employment of the registered seafarer were postponed until the time when registered seafarers could next be supplied for employment or employed at or through the Office.(7) Any person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction- (a) in the case of an individual, to a fine at level 4 and to imprisonment for 2 years; and (b) in the case of a body corporate, to a fine at level 5.(8) Where there is a contrave |
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