【法规名称】
【法规编号】 58738 什么是编号？
【正 文】
第8页 CAP 478 MERCHANT SHIPPING (SEAFARERS) ORDINANCE
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[接上页] (ii) in any other case, his first return to Hong Kong after such discharge.(2) Where a seafarer's registration is suspended under subsection (1), the Superintendent shall, as soon as it is practicable to do so, by notice in writing served on the seafarer, inform him- (a) of the ground on which his registration is so suspended; (b) of the date (being a date not later than 2 months after the service of the notice), time and place at which the seafarer may appear before the Superintendent at the disciplinary inquiry to be held for the purpose of inquiring into the matter for which the seafarer's registration was so suspended; and (c) that if the Superintendent fails to take action under section 28(1) or 29(1) or (3) within 30 days after holding the disciplinary inquiry referred to in paragraph (b) of this subsection, the suspension of the seafarer's registration shall be withdrawn by the Superintendent.(3) Where the Superintendent has suspended under subsection (1) a seafarer's registration, the Superintendent shall- (a) forthwith give notice in writing of that suspension to the seafarer's employer; and (b) if he fails to take action under section 28(1) or 29(1) or (3) within 30 days after holding the disciplinary inquiry referred to in subsection (2)(b), forthwith- (i) withdraw that suspension; and (ii) give notice in writing of that withdrawal of suspension to the seafarer's employer.(4) Subject to subsection (3)(b), a suspension under subsection (1) of a seafarer's registration shall continue in effect until the Superintendent exercises in relation to that seafarer any of the powers conferred under section 28(1) or 29(1) or (3) upon the Superintendent. (Enacted 1995) Cap 478 s 22 Disciplinary inquiry to be held Where a seafarer's registration has been suspended under section 21(1), the Superintendent shall not take action under section 28(1) or 29(1) or (3) in respect of that seafarer unless he has held a disciplinary inquiry into the matter for which that registration was so suspended. (Enacted 1995) Cap 478 s 23 Conduct of disciplinary inquiry (1) Subject to this section and sections 24, 25 and 26, the procedure at a disciplinary inquiry shall be determined by the Superintendent. (2) In conducting a disciplinary inquiry, the Superintendent shall not be bound by the rules relating to admission of evidence in courts of law. (3) The seafarer who is the subject of the disciplinary inquiry may- (a) cross-examine any witness who gives evidence against him; (b) call a witness to give evidence for him; and (c) give evidence and address the Superintendent on his own behalf. (Enacted 1995) Cap 478 s 24 Summons (1) The Superintendent may, in relation to a disciplinary inquiry, by notice in writing served on a person, require- (a) the attendance of the person before the Superintendent; or (b) the production to the Superintendent of documents- (i) specified in the notice which are in the possession or under the control of the person; and (ii) which the Superintendent reasonably believes or suspects contains, or is likely to contain, information relevant to the inquiry.(2) Any person who contravenes a notice served under subsection (1) on him commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Enacted 1995) Cap 478 s 25 Representation (1) The seafarer who is the subject of a disciplinary inquiry may be represented at the inquiry by- (a) a counsel or solicitor; or (b) an agent, including an official of any union of which the seafarer is a member by virtue of being a seafarer.(2) A counsel, solicitor or agent appearing before the Superintendent at a disciplinary inquiry shall have the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the District Court. (Enacted 1995) Cap 478 s 26 Evidence (1) A person appearing before the Superintendent to give evidence at a disciplinary inquiry shall, where required by the Superintendent to give sworn evidence, take an oath. (2) The Superintendent may- (a) administer an oath to a person appearing before him to give evidence at a disciplinary inquiry; and (b) require a person appearing before him to give evidence at a disciplinary inquiry to answer any question.(3) Subject to subsection (4), any person who contravenes subsection (1) or (2)(b) commits an offence and is liable on conviction to a fine at level 2. (4) A witness appearing at a disciplinary inquiry shall have the same liabilities, protection and immunity as a witness has in proceedings before the District Court. (Enacted 1995) Cap 478 s 27 Abandonment of disciplinary inquiry (1) Where at the date, time and place set down for holding a disciplinary inquiry the seafarer the subject of the inquiry does not appear before the Superintendent, the Superintendent may refuse to hold the inquiry and proceed to take action under section 28(1) or 29(1) or (3) against the seafarer as if, for the purposes of those sections and sections 22 and 29(2), the inquiry had been held on that date: |
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