【法规名称】
【法规编号】 61598 什么是编号？
【正 文】
第5页 CAP 281 MERCHANT SHIPPING ORDINANCE
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[接上页] (Added 44 of 1954 s. 3. Amended 73 of 1974 s. 12; 64 of 1999 s. 3) [cf. 1894 c. 60 s. 729(3) U.K.] Cap 281 s 55 Grounds for cancellation or suspension of certificate Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 (1) The certificate of a master, mate or engineer may be cancelled or suspended- (a) if the court finds that loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default; or (b) if the court finds that he is in competent, or that he has been guilty of any gross act of misconduct, drunkenness or tyranny, or that, in a case of collision, he has failed to render such assistance or give such information as is required by the Merchant Shipping (Safety) Ordinance (Cap 369). (Amended 64 of 1999 s. 3) [cf. 1894 c. 60 s. 422 U.K.](1A) In this section, evidence that a master, mate, or engineer is incompetent may include evidence that he fails to comply with the standards of competency and other conditions prescribed to qualify a person for the certificate held by him. (Added 62 of 1981 s. 8) (2) Where any case before any such court as aforesaid involves a question as to the cancellation or suspension of a certificate, the court shall at the conclusion of the case or as soon afterwards as possible state in open court the decision to which it has come with respect to the cancellation or suspension thereof. (3) Any master, mate or engineer whose certificate is suspended or cancelled in pursuance of this Ordinance shall, on the demand of the court, deliver his certificate to the court, or if it is not demanded by the court deliver it to the Chief Executive or as he directs, and in default he shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (Amended 17 of 1965 s. 26; 73 of 1974 s. 12; 64 of 1999 s. 3) (4) The court shall in all cases send a full report on the case with the evidence to the Chief Executive, and shall also if it determines to cancel or suspend any certificate send the certificate cancelled or suspended to the Chief Executive or other authority by whom the certificate was granted. (Amended 17 of 1965 s. 26; 64 of 1999 s. 3) (5) A certificate shall not be cancelled or suspended by a court under this Part unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate. [cf. 1894 c. 60 s. 470(1)-(4) U.K.] Cap 281 s 56 Provisions for re-hearing and appeal Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 64 of 1999 s. 3 (1) The Chief Executive may, in any case where under this Part an investigation as to a casualty affecting a ship or an inquiry into the conduct of a holder of a certificate of competency has been held, order the case to be re-heard either generally or as to any part thereof, either by the court by which it was heard in the first instance or by a marine court appointed under this Part or by a judge sitting in admiralty jurisdiction, and shall do so- (Amended 47 of 1985 s. 2; 64 of 1999 s. 3) (a) if new and important evidence which could not be produced at the investigation or inquiry has been discovered; or (b) if for any other reason there has in his opinion been ground for suspecting that a miscarriage of justice has occurred. (Amended 64 of 1980 s. 4)(2) Where an application under subsection (1) for a re-hearing is not made or is refused, an appeal shall lie from any order or finding of the court or tribunal holding the inquiry to the Court of First Instance. (Replaced 25 of 1998 s. 2) (3) Subject to the provisions of any regulations relating thereto made under section 58, an appeal to the Court of First Instance under this section shall be to 1 judge or to the Court of Appeal as the Chief Justice may decide and shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Replaced 37 of 1959 s. 10. Amended 25 of 1998 s. 2) (4) The provisions of this section shall apply to any investigation or inquiry referred to in subsection (1) whether held before or after the commencement of the Merchant Shipping (Amendment) Ordinance 1985 (47 of 1985). (Added 47 of 1985 s. 2) [cf. 1894 c. 60 s. 478 U.K.] Cap 281 s 57 Further powers of court (1) A marine court shall have the following further powers- (a) it may remove the master of any ship if that removal is shewn to the satisfaction of the court by evidence on oath to be necessary. Such removal may be made upon the application of any owner of the ship or his agent, or of the consignee of the ship, or of any certificated mate, or of one-third or more of the crew of the ship; (b) it may appoint a new master instead of the one removed: Provided that where the owner, agent or consignee of the ship is within the jurisdiction of the marine court, such an appointment shall not be made without the consent of that owner, agent or consignee; |
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