【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第3页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (3) References in this Ordinance to going to sea include references to going to sea from any place outside Hong Kong. (4) References in this Ordinance to a death occurring in a ship (howsoever expressed) include- (a) death due to drowning after falling overboard; (b) the death of a sick or injured person whilst being transported from the ship to a place outside the ship; (c) death in a ship's boat; (d) being lost from a ship or ship's boat; and (e) any other death occurring outside the ship which is reported to the master of the ship before the completion of the voyage.(5) References in this Ordinance to a person missing from a ship (howsoever expressed) mean a person missing from the ship where there are reasonable grounds for believing that he has died. (Enacted 1995) Cap 478 s 3 Application (1) This Ordinance shall not apply to- (a) any of Her Majesty's ships or other ships of war except, subject to section 141, a Royal Fleet Auxiliary ship; (b) any vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313) except, subject to subsection (2), a pleasure vessel carrying fare-paying guests or passengers outside the waters of Hong Kong.(2) The application of this Ordinance to a pleasure vessel referred to in subsection (1)(b) shall be without prejudice to the application of the Merchant Shipping (Pleasure Vessels) Regulations (Cap 281 sub. leg.) to such vessel. (Enacted 1995) Cap 478 s 4 Establishment of Seafarers' Authority PART II ESTABLISHMENT OF SEAFARERS' AUTHORITY, MERCANTILE MARINE OFFICE AND SEAFARERS' ADVISORY BOARD (1) For the purposes of this Ordinance, there is hereby established an authority to be known as the Seafarers' Authority. (2) The Director of Marine shall be the Authority. (Enacted 1995) Cap 478 s 5 Establishment of Mercantile Marine Office (1) For the purposes of this Ordinance, there- (a) is hereby established an office to be known as the Mercantile Marine Office; and (b) shall be a Superintendent of the Office.(2) The Secretary for Economic Development and Labour may appoint a place to be the Office. (Amended L.N. 106 of 2002) (3) The Authority may appoint any public officer to be the Superintendent. (4) Subject to subsection (5), the Superintendent shall be responsible for the administration of the Office. (5) Where, under this Ordinance, a power is conferred on the Authority to give directions to the Superintendent in relation to the exercise or performance of a particular power or function conferred or imposed under this Ordinance on the Superintendent, and the Authority, pursuant to that power, gives such a direction, the Superintendent shall comply with that direction accordingly. (6) The Authority shall not give any directions to the Superintendent in relation to the exercise or performance of a particular power or function conferred or imposed under this Ordinance on the Superintendent unless there is a power expressly conferred under this Ordinance on the Authority so to do. (Enacted 1995) Cap 478 s 6 Establishment of Seafarers' Advisory Board (1) For the purposes of this Ordinance, there is hereby established a board to be known as the Seafarers' Advisory Board. (2) The function of the Advisory Board is to advise the Authority on all matters with respect to which it is consulted by the Authority relevant to this Ordinance. (3) The Advisory Board shall consist of- (a) the Authority, who shall be the chairman; (b) the Commissioner for Labour, the Deputy Commissioner for Labour, an Assistant Commissioner for Labour or the Chief Labour Officer; (c) the Superintendent; and (d) not more than 6 other members representative of seafarers' and employers' organizations.(4) The Secretary for Economic Development and Labour may appoint any person who is not a public officer to be a member referred to in subsection (3)(d) of the Advisory Board. (Amended L.N. 106 of 2002) (5) Subject to subsection (6), any person appointed under subsection (4) to be a member of the Advisory Board shall hold office for 3 years or for such lesser period as the Secretary for Economic Development and Labour specifies in his appointment. (Amended L.N. 106 of 2002) (6) Any person appointed under subsection (4) to be a member of the Advisory Board may at any time resign his appointment by notice in writing signed by him and delivered to the Secretary for Economic Development and Labour. (Amended L.N. 106 of 2002) (7) The quorum at any meeting of the Advisory Board shall be the chairman and not less than half of its total membership at any one time except that any quorum shall have- (a) not less than 1 member representative of seafarers' organizations; (b) not less than 1 member representative of employers' organizations; and (c) the same number of members representative of seafarers' organizations as the number of members representative of employers' organizations.(8) Subject to this Ordinance, the proceedings at any meeting of the Advisory Board shall be conducted in such manner as it thinks fit. |
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