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[接上页] (3) Without prejudice to any other penalty, the owner or master who commits a breach of any condition of the licence commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. Cap 313 s 29 Local certificates of competency for persons employed as masters, etc. (1) The Director shall cause examinations to be conducted for the grant of local certificates of competency required to be held by persons employed as masters or deck or engineering crew on vessels, and shall appoint examiners for that purpose. (Amended 36 of 1986 s. 3) (2) The Director may make rules prescribing or providing for- (a) the issue by the Director of local certificates of competency and the method of granting such certificates; (b) the classes and grades of local certificates of competency and the endorsements appropriate to each class and grade; (c) the combining of two or more classes or grades of local certificate of competency in one document if appropriate; (d) the addition or removal of endorsements on local certificates of competency; (e) the recognition of one type of local certificate of competency as equivalent to another type of local certificate of competency for all or specified purposes; (f) the procedure for applying for a local certificate of competency and for the conduct of examinations under subsection (1); (g) the subjects to be taken at such examinations or the manner in which those subjects are to be specified; (h) the standards of competency to be attained by candidates in order to pass such examinations and other conditions to be satisfied by candidates, and applicants for a local certificate of competency; (i) the requirements to be satisfied for a person to be exempted under subsection (5) from any part of such an examination; (j) the requirements to be satisfied for the grant of a local certificate of competency under subsection (4); (k) the recognition of certificates of competency issued by the Director under any enactment or by the appropriate authority of another country as equivalent, for all purposes or for purposes specified by the Director, to local certificates of competency required to be held by any person under this Part; (l) the issue of a copy of any local certificate of competency which has been lost, destroyed, damaged or defaced; (m) the surrender of local certificates of competency upon their expiry or replacement; (n) fees and forms, in relation to examinations conducted under subsection (1), the issue of local certificates of competency and recognition of certificates of competency as equivalent to local certificates of competency; (o) generally, provisions in respect of local certificates of competency. (Replaced 36 of 1986 s. 3)(3) The Director may publish any rules made under subsection (2) in such manner as he thinks fit, and shall, on payment of such charge as the Director may determine, provide a copy of the rules to any person. (4) The Director may grant a local certificate of competency as a master or deck or engineering crew to a person without requiring him to undergo the appropriate examination prescribed in the rules made under subsection (2), if the person produces to the Director suitable documentary evidence, or satisfies the Director in a manner prescribed in the rules, of his competence for the grant of such a certificate. (Replaced 36 of 1986 s. 3) (5) Without prejudice to subsection (4), the Director may exempt a person from undergoing any part of the appropriate examination for the grant of a local certificate of competency prescribed in the rules made under subsection (2), if the person satisfies the Director in a manner prescribed in the rules that he is qualified for such exemption. (Added 36 of 1986 s. 3) (6) Rules made under subsection (2) may direct that no local certificate of competency shall be granted to any person unless- (a) he has reached such minimum age as may be prescribed; and (b) he has obtained such experience or performed such service on such type of vessel as may be prescribed. (Added 36 of 1986 s. 3)(7) Rules made under subsection (2) may direct that a local certificate of competency shall expire upon the holder's attaining such age as may be prescribed but that it may thereafter be extended for such periods and in such manner as may be prescribed. (Added 36 of 1986 s. 3) Cap 313 s 30 Cancellation or suspension of local certificates of competency on grounds of incompetency, etc. Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Director may cancel, or suspend for any period, any local certificate of competency, if it is proved to his satisfaction after due inquiry that the holder of the certificate has been guilty of incompetence, misconduct or negligence in the performance of his duties. (Amended 36 of 1986 s. 4) (2) A person aggrieved by a decision of the Director under subsection (1) may, within 14 days after being informed of the decision, by notice in writing delivered to the Registrar of the High Court, appeal to such judge, District Judge, or magistrate as the Chief Justice may nominate; and on hearing the appeal the judge, District Judge, or magistrate may make such order confirming, varying, or setting aside the decision of the Director as he considers just. (Amended 25 of 1998 s. 2) |