【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第5页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (5) The Authority may, after consultation with the Advisory Board, direct the Superintendent to enter in Part I of the register the names of such seafarers as the Authority thinks fit. (Enacted 1995. Amended 23 of 1998 s. 2) Cap 478 s 9 Part II of register (1) Subject to section 12, Part II of the register shall contain only the names of those persons who are qualified under subsection (2) to have their names entered therein and, in the case of persons who desire to be employed in coastal-going ships, in respect of whom the Superintendent has the opinion referred to in section 7(1)(b). (2) A person is qualified to have his name entered in Part II of the register where- (a) he holds a permanent identity card; (b) he has attained the age of 17 years but has not attained the age of- (i) in the case of a seafarer who is a direct trade entrant, 60 years; and (ii) in any other case, 35 years;(c) he has passed such medical examination as to his fitness for employment in coastal-going ships as the Authority specifies; (d) he- (i) has satisfactorily completed a course of training at a pre-sea training school, or other school or institution, approved by the Authority for the purposes of this Ordinance, or possesses such experience as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; (ii) possesses such experience of the operation and maintenance of machinery as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; or (iii) possesses such experience in the catering industry as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; and(e) he has not been convicted of an offence which, if he were registered, would be grounds for the removal or suspension of his name from the register unless the Authority, after consultation with the Advisory Board, otherwise approves. (Enacted 1995) Cap 478 s 10 Seafarers required to be registered and renewal of registration Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) A person who holds an identity card and whose name is not entered in Part I of the register shall not be employed in sea-going ships as a seafarer. (Amended 23 of 1998 s. 2) (2) A person who holds an identity card and whose name is not entered in Part I or Part II of the register shall not be employed in coastal-going ships as a seafarer. (3) A registered seafarer shall, in any continuous 3 year period of registration, be employed as a seafarer for an aggregate of not less than 18 months. (4) Notwithstanding any other provision of this Ordinance, the registration of a seafarer shall expire at the expiration of one month after he is first in Hong Kong on or after the expiration of each continuous 3 year period of registration except where- (a) before the expiration of that month, he submits to the Superintendent his employment registration book; and (b) the Superintendent- (i) being satisfied that the seafarer has complied with subsection (3); or (ii) not being satisfied that the seafarer has complied with subsection (3) but being of the opinion, after consultation with the Authority, that there is some good reason why the seafarer has not complied with that subsection, renews his registration by inserting a note to that effect in that book, in which case that renewal of registration shall be deemed to have taken effect immediately after the expiration of that 3 year period and this subsection shall next apply accordingly.(5) Any person who, without reasonable excuse, employs a person as a seafarer in contravention of subsection (1) or (2) 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. (Enacted 1995) Cap 478 s 11 Employment of persons who are not seafarers (1) A person shall not be employed in a ship in a capacity referred to in paragraph (a)(iv) of the definition of "seafarer" in section 2(1) unless- (a) the prescribed fee has been paid; and (b) a certificate in the prescribed form has been issued by the Superintendent,in respect of the person to be so employed. (2) Any person who, without reasonable excuse, employs a person in contravention of subsection (1) commits an offence and is liable on conviction to a fine at level 2. (Enacted 1995) Cap 478 s 12 Disqualification for entry of seafarer's name in register Subject to section 15 and except where- (a) the name of a seafarer is restored to the register pursuant to an application referred to in section 28(5); (b) the name of a seafarer is restored to the register pursuant to section 32(1)(a); (c) the name of a seafarer is restored to the register pursuant to section 36(2) or (3); (d) an appeal under section 38 by a seafarer is allowed and by reason thereof the name of the seafarer is restored to the register; or (e) the name of a seafarer is restored to the register pursuant to the directions of a judge on an appeal under section 38,a seafarer shall not be entitled to have his name entered in the register again where his name has previously been removed therefrom under section 28(1) or (2). |
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