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[接上页] (c) the surrender of employment registration books in such circumstances as are specified in the regulations. (Enacted 1995) Cap 478 s 18 Establishment of Seafarers' Appeals Board Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 PART V ESTABLISHMENT OF SEAFARERS' APPEALS BOARD AND REMOVAL OR SUSPENSION OF SEAFARERS FROM REGISTER (1) For the purposes of this Ordinance, there is hereby established a board to be known as the Seafarers' Appeals Board. (2) The Chief Executive may appoint- (a) such persons representative of seafarers' organizations as he thinks fit to be members of a panel; and (b) such persons representative of employers' organizations as he thinks fit to be members of a panel,which persons may be appointed under section 19(1)(c) to be members of the Appeals Board. (3) Any person appointed under subsection (2) to be a member of a panel may at any time resign his appointment by notice in writing signed by him and delivered to the Secretary for Economic Development and Labour, and the Chief Executive may at any time and for any reason terminate the appointment of any person as a member of a panel. (Amended L.N. 362 of 1997; L.N. 125 of 2004) (Enacted 1995. Amended 64 of 1999 s. 3) Cap 478 s 19 Members of Seafarers' Appeals Board (1) The Appeals Board shall consist of- (a) the Authority, the Deputy Director of Marine or an Assistant Director of Marine appointed by the Authority, who shall be the chairman; (b) a legal officer appointed by the Secretary for Justice; and (c) 4 other members appointed by the Secretary for Economic Development and Labour, of which- (i) 2 shall be drawn from the members of the panel referred to in section 18(2)(a); and (ii) 2 shall be drawn from the members of the panel referred to in section 18(2)(b). (Amended L.N. 362 of 1997; L.N. 125 of 2004)(2) The Superintendent shall not be a member of the Appeals Board. (3) The quorum at any meeting of the Appeals Board shall be the chairman and 2 other members 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. (Enacted 1995) Cap 478 s 20 Complaint against seafarer (1) The employer of a registered seafarer or the master of the ship in which the seafarer is employed may, by notice in writing, lodge with the Superintendent a complaint against the seafarer, which notice shall, where the Superintendent so requests, be accompanied by a statutory declaration verifying the complaint. (2) The Superintendent shall consider a complaint lodged under subsection (1) as soon as practicable. (Enacted 1995) Cap 478 s 21 Suspension of registration of seafarer prior to disciplinary inquiry (1) The Superintendent shall forthwith suspend a seafarer's registration where the Superintendent has reasonable grounds for believing, whether on a complaint under section 20(1) or otherwise (including any information provided to the Superintendent by any public officer or court), that the seafarer has and, in the case of any of paragraphs (a), (b), (c), (d), (g), (h) and (i), whether in Hong Kong or elsewhere- (a) been convicted of any offence involving the import, export, sale or other dealing in or with, or possession of, any dangerous drug; (b) deserted his ship; (c) neglected, or refused without reasonable cause, to join his ship or to proceed to sea in his ship; (d) been addicted to any dangerous drug or refused treatment for such addiction; (e) been convicted- (i) of an offence against section 71(2); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201) in respect of any matter or transaction, actual or proposed, in which the Office was concerned;(f) after having signed off a ship whilst the ship was outside Hong Kong, refused or failed to accept repatriation to Hong Kong; (g) been convicted of any offence of such a nature as to render it desirable that he be suspended temporarily from employment in ships or should cease to be employed in ships; (h) whilst in employment in ships, been guilty of misconduct of such a serious nature as to render it desirable that he be suspended temporarily from employment in, or should cease to be employed in, ships, whether or not such misconduct constituted an offence, and, if the misconduct did constitute an offence, whether or not the seafarer has been convicted of that offence; (i) without reasonable excuse, failed to comply with any order, direction, requirement or request made, given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer; or (j) after having signed off a ship, refused or failed, without reasonable excuse, to report to the Office within 30 days after- (i) where the ship was in Hong Kong at the time of signing off, such discharge; and |