Cap. 478 《商船(海員)條例》Merchant Shipping (Seafarers) Ordinance

(1)

This Ordinance may be cited as the Merchant Shipping (Seafarers) Ordinance.

(2)

(Omitted as spent—E.R. 2 of 2014)

(1)

In this Ordinance, unless the context otherwise requires—

A.B. means an able-bodied seaman; (Replaced 16 of 2013 s. 3) Advisory Board (諮詢委員會) means the Seafarers’ Advisory Board established by section 6(1); Appeals Board (上訴委員會) means the Seafarers’ Appeals Board established by section 18(1); Authority (監督) means the Seafarers’ Authority established by section 4(1); autopsy (屍體剖驗) includes a post-mortem examination; coastal-going ship (沿岸船舶) means any ship employed exclusively in trading, or going, between any place or places situated within river trade limits; company (公司) means a company incorporated under the Companies Ordinance (Cap. 622), or a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622), or any non-Hong Kong company as defined by section 2(1) of the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920) crew agreement (船員協議) has the meaning assigned to it by section 80(2); crew department record (船員部紀錄), in relation to a permitted body, means the record kept in the body’s permitted crew department pursuant to section 61(1); (Amended 16 of 2013 s. 3) dangerous drug (危險藥物) includes any drug which is a dangerous drug within the meaning of the Dangerous Drugs Ordinance (Cap. 134); digital image (數碼影像), in relation to a document, means an image of the document kept on a computer system or on an electronic medium; (Added 8 of 2006 s. 47) disciplinary inquiry (紀律研訊) means a disciplinary inquiry conducted pursuant to section 22; disciplinary offence (違紀行為) means any misconduct by a seafarer on board a Hong Kong ship specified in regulations made under section 107(1) as a disciplinary offence; employer (僱主), in relation to a seafarer employed to work on board a ship, means the person identified by name or necessary implication as the employer of the seafarer in the following agreement entered into by the seafarer for working on board the ship— (a)if the ship is a Hong Kong ship, the crew agreement; or (b)if the ship is not a Hong Kong ship, any other agreement for employment; (Replaced 16 of 2013 s. 3) employment registration book (僱用登記簿) means a registered person’s employment registration book issued or deemed to be issued under regulations made under section 17; (Amended 16 of 2013 s. 3) fishery research vessel (漁業研究船) means a vessel primarily used for research into sea fishing and fish stocks; fishing vessel (漁船) means any vessel used for catching, otherwise than for sport, fish, whales, seals, walruses, or other living resources of the sea, and includes a fishery research vessel; function (職能) includes a duty; Hong Kong ship (香港船舶) means a ship registered in Hong Kong; identity card (身分證) means an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); inquest (死因研訊) includes an inquiry into a death; junk (中式帆船) includes lorcha and any vessel of Chinese or other Asiatic build, construction or rig whether such vessel is of a sea-going type or not and howsoever propelled; legal officer (律政人員) has the meaning assigned to it by section 2 of the Legal Officers Ordinance (Cap. 87); licence (執照) means a licence issued or deemed to be issued under regulations made under section 73; lorcha (西式中國帆船) includes any vessel— (a)of European build and construction, but of Chinese or other Asiatic rig; or (b)of Chinese or other Asiatic build and construction, but of European rig; Marine Register Book of Births and Deaths (海上生死登記簿) means the Marine Register of Births and Deaths kept by the Registrar immediately before the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006); (Added 8 of 2006 s. 47) Marine Register of Births and Deaths (海上生死登記冊) means the register maintained by the Registrar under section 121A(1); (Added 8 of 2006 s. 47) master (船長) includes every person (except a pilot) having command or charge of any ship; Office (海管處) means the Mercantile Marine Office established by section 5(1)(a); officer (高級船員) means the holder of— (a)a certificate of competency or of service issued or deemed to be issued under regulations made under section 73 or a licence; or (b)a certificate of competency or of service recognized under those regulations as equivalent to a certificate referred to in paragraph (a); panel (委員團) means a panel appointed under section 18(2); passenger (乘客) means any person carried in a ship except— (a)a person employed or engaged in any capacity on board the ship on the business of the ship; (b)a person on board the ship pursuant to the obligation laid upon the master of the ship to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner of the ship could have prevented or forestalled; or (c)a child under 1 year of age; permanent identity card (永久性居民身分證) means a permanent identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); permit (許可證) means a permit granted under section 52(1) to a company or seafarers’ organization to maintain a roster; (Amended 16 of 2013 s. 3) permitted body (核准團體) means any company or seafarers’ organization holding a valid permit; (Added 16 of 2013 s. 3) permitted company (核准公司) means any company holding a valid permit; permitted crew department (核准船員部) means the crew department maintained by a permitted body; (Amended 16 of 2013 s. 3) pleasure vessel (遊樂船隻) means any launch, yacht, inflatable vessel, junk, lorcha or other vessel howsoever propelled that— (a)is possessed or used exclusively for pleasure purposes; and (b)is not let for hire or reward other than under the terms of a charter agreement or hire-purchase agreement, but does not include any launch, yacht, inflatable vessel, junk, lorcha or other vessel that has never been launched; port clearance (出港證) means port clearance under regulation 27 of the Shipping and Port Control Regulations (Cap. 313 sub. leg. A); prescribed fee (訂明費用), in relation to any matter, means the fee prescribed in regulations made under section 133 in relation to that matter; register (註冊紀錄冊) means the register kept pursuant to section 7; register computer (登記電腦) means a computer forming the system of storing the particulars under sections 121A and 121B; (Added 8 of 2006 s. 47) registered address (註冊地址), in relation to a registered person, means the address of the person recorded pursuant to section 13(2)(a) in the register; (Amended 16 of 2013 s. 3) registered person (註冊人士) means a person whose name is entered in the register; (Amended 16 of 2013 s. 3) Registrar (登記官) means the Registrar within the meaning of section 2 of the Births and Deaths Registration Ordinance (Cap. 174); relief and maintenance (濟助及生活費) includes the provision of surgical or medical treatment and such dental and optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency; river trade limits (內河航限) means— (a)the waters within the vicinity of Hong Kong within the following boundaries—(i)to the east, meridian 114°30' east;(ii)to the south, parallel 22°09' north; and(iii)to the west, meridian 113°31' east; and (b)all inland waterways in the Guangdong Province and Guangxi Zhuang Autonomous Region to which access can be obtained by inland waterways from the area defined in paragraph (a); (Amended L.N. 80 of 2012) roster (候船名冊), in relation to a permitted body, means the list of registered persons kept in its permitted crew department under section 64(1); (Added 16 of 2013 s. 3) sea-going ship (遠洋船舶) includes any sea-going ship, irrespective of where it is registered and whether the ship enters the waters of Hong Kong, but does not include any coastal-going ship; (Amended 23 of 1998 s. 2) ship (船、船舶) means every description of vessel used in navigation in water not propelled by oars, and includes any ship, boat or craft used wholly or partly for navigation in water and any craft so used the weight of which is partially supported by forces other than hydrostatic forces, but excludes any junk or lorcha howsoever propelled; ship’s boat (船舶的小艇) includes a liferaft; (Amended L.N. 586 of 1995) Superintendent (總監) means the Superintendent of the Office specified in section 5(1)(b); surveyor of ships (驗船師) means— (a)a person appointed under section 5(1) of the Merchant Shipping (Safety) Ordinance (Cap. 369) to be a Government surveyor; or (b)a person appointed in writing by the Authority to be a surveyor of ships for the purposes of this Ordinance; working day (工作日) means any day other than a public holiday or a gale warning day within the meaning of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62).

(Amended 16 of 2013 s. 3)

(2)

Any reference in this Ordinance to the doing of anything, or to anything not being done, in the presence of the Superintendent or to the production of anything to the Superintendent includes a reference to the doing of that thing, or to its not being done, or to the production of that thing to any person acting on behalf of the Superintendent.

(3)

References in this Ordinance to going to sea include references to going to sea from any place outside Hong Kong.

(4)

References in this Ordinance to a death occurring in a ship (howsoever expressed) include—

(5)

References in this Ordinance to a person missing from a ship (howsoever expressed) mean a person missing from the ship where there are reasonable grounds for believing that he has died.

(1)

In this Ordinance—

seafarer (海員) means a person who works on board a ship in any capacity on the business of the ship, but does not include a person specified in Schedule 1A.

(2)

The Secretary for Transport and Logistics may, after consultation with the Advisory Board, by notice published in the Gazette, amend Schedule 1A. (Amended L.N. 144 of 2022)

(1)

This Ordinance shall not apply to—

(2)

(Repealed 43 of 1999 s. 91)

(1)

For the purposes of this Ordinance, there is hereby established an authority to be known as the Seafarers’ Authority.

(2)

The Director of Marine shall be the Authority.

(1)

For the purposes of this Ordinance, there—

(2)

The Secretary for Transport and Logistics may appoint a place to be the Office. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(3)

The Authority may appoint any public officer to be the Superintendent.

(4)

Subject to subsection (5), the Superintendent shall be responsible for the administration of the Office.

(5)

Where, under this Ordinance, a power is conferred on the Authority to give directions to the Superintendent in relation to the exercise or performance of a particular power or function conferred or imposed under this Ordinance on the Superintendent, and the Authority, pursuant to that power, gives such a direction, the Superintendent shall comply with that direction accordingly.

(6)

The Authority shall not give any directions to the Superintendent in relation to the exercise or performance of a particular power or function conferred or imposed under this Ordinance on the Superintendent unless there is a power expressly conferred under this Ordinance on the Authority so to do.

(1)

For the purposes of this Ordinance, there is hereby established a board to be known as the “Seafarers’ Advisory Board”. (Amended E.R. 5 of 2021)

(2)

The function of the Advisory Board is to advise the Secretary for Transport and Logistics or the Authority on all matters with respect to which it is consulted by the Secretary or the Authority relevant to this Ordinance. (Amended 16 of 2013 s. 5; L.N. 144 of 2022)

(3)

The Advisory Board shall consist of—

(4)

The Secretary for Transport and Logistics may appoint any person who is not a public officer to be a member referred to in subsection (3)(d) of the Advisory Board. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(5)

Subject to subsection (6), any person appointed under subsection (4) to be a member of the Advisory Board shall hold office for 3 years or for such lesser period as the Secretary for Transport and Logistics specifies in his appointment. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(6)

Any person appointed under subsection (4) to be a member of the Advisory Board may at any time resign his appointment by notice in writing signed by him and delivered to the Secretary for Transport and Logistics. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(7)

The quorum at any meeting of the Advisory Board shall be the chairman and not less than half of its total membership at any one time except that any quorum shall have—

(8)

Subject to this Ordinance, the proceedings at any meeting of the Advisory Board shall be conducted in such manner as it thinks fit.

(9)

The Advisory Board may, for the purpose of assisting it to advise the Secretary for Transport and Logistics or the Authority in respect of any matter with respect to which it is consulted by the Secretary or the Authority, appoint a committee to investigate any such matter in accordance with any terms of reference specified by the Advisory Board and to report back to the Advisory Board its findings at the conclusion of that investigation. (Amended 16 of 2013 s. 5; L.N. 144 of 2022)

(10)

The number of members of a committee of the Advisory Board and their term of office shall be fixed by the Advisory Board and such members may include persons who are not members of the Advisory Board.

(11)

Subject to any directions given by the Advisory Board, the quorum, proceedings and place of meeting of a committee of the Advisory Board shall be as the committee thinks fit.

(1)

The Superintendent shall establish and maintain a register of persons who either— (Amended 16 of 2013 s. 7)

(2)

The register shall be kept in the Office.

(3)

Subject to subsection (4), the register shall be kept in such form and manner as the Superintendent thinks fit.

(4)

The register shall be kept in 2 parts, being—

(5)

(Repealed 16 of 2013 s. 7)

(1)

Subject to section 12 and subsections (3) and (5), Part I 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 sea-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 I of the register where—

(3)

Where at any time it appears to the Superintendent that the number of persons whose names appear in Part I of the register and who are suitable and available for employment in any particular seafaring post in a sea-going ship is not, or may not be, sufficient to meet the demand for seafarers for employment in that post, he may, subject to subsection (4), cause to be entered in that part the name of any person— (Amended 16 of 2013 s. 8)

(4)

The Superintendent shall, in exercising the power conferred on him by subsection (3), give preference, so far as is practicable, to persons whose names appear in Part II of the register according to the date on which their names were entered in the register.

(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 persons as the Authority thinks fit.

(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—

(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 person shall, in any continuous 3-year period of registration, be employed as a seafarer for an aggregate of not less than 18 months. (Amended 16 of 2013 s. 2; E.R. 5 of 2021)

(4)

Notwithstanding any other provision of this Ordinance, the registration of a person 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— (Amended 16 of 2013 s. 2; E.R. 5 of 2021)

(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—

(1)

Subject to the sections specified in subsection (2), a person whose name has been removed from the register under section 28(1) or (2) is not entitled to have the person’s name entered in the register again.

(2)

The sections are—

(1)

Subject to this section, the register shall, depending on the part of the register in which the name of a person appears, contain in relation to that person such particulars as the Superintendent thinks fit.

(2)

Where a person’s name appears in the register, there shall be recorded against his name— (Amended 16 of 2013 s. 12)

(1)

Where it comes to the notice of the Superintendent that a seafarer whose name appears in the register has been promoted to a rank higher than that recorded in relation to him in the register, the Superintendent shall cause the new rank to be recorded in the register instead of the seafarer’s former rank unless, after such inquiry as he thinks fit, the Superintendent is of the opinion that the seafarer was promoted without sufficient cause.

(2)

Where it comes to the notice of the Superintendent that the rank recorded in the register in relation to a seafarer has been lowered, the Superintendent shall cause the new rank to be recorded in the register instead of the seafarer’s former rank unless, after such inquiry as he thinks fit, the Superintendent is of the opinion that the seafarer’s rank was lowered without sufficient cause.

(3)

Where it comes to the notice of the Superintendent that a seafarer whose name appears in the register has fulfilled such requirements as the Authority may, after consultation with the Advisory Board, specify for the purpose, the Superintendent must alter the seafarer’s rank to a higher rank in the same grade or to a rank in a different grade.

(1)

At any time after the expiration of 5 years after the day on which—

whichever is the later, the person may make an application to the Authority for a direction that his name be restored to the register.

(2)

Subject to subsection (3), where the Authority receives an application under subsection (1) from a person for his name to be restored to the register, the Authority may, after consultation with the Advisory Board— (Amended 16 of 2013 s. 2)

(3)

Where—

the Superintendent shall not restore the name of the person to the register unless and until the Superintendent has received from the person a signed letter of undertaking that the person will be of good behaviour in the future.

(1)

For the purposes of this Ordinance, there is hereby established a board to be known as the “Seafarers’ Appeals Board”. (Amended E.R. 5 of 2021)

(2)

The Chief Executive may appoint—

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 Transport and Logistics, 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; L.N. 130 of 2007; L.N. 144 of 2022)

(1)

The Appeals Board shall consist of—

(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—

(1)

The employer of a seafarer whose name is entered in the register 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. (Amended 16 of 2013 s. 17)

(2)

The Superintendent shall consider a complaint lodged under subsection (1) as soon as practicable.

(1)

The Superintendent shall suspend a registered person’s registration without delay 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 person has and, in the case of any of paragraphs (a), (b), (c), (d), (g), (h) and (i), whether in Hong Kong or elsewhere— (Amended 16 of 2013 s. 18)

(2)

Where a person’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 person, inform him— (Amended 16 of 2013 s. 18)

(3)

Where the Superintendent has suspended under subsection (1) a person’s registration, the Superintendent shall— (Amended 16 of 2013 s. 18)

(4)

Subject to subsection (3)(b), a suspension under subsection (1) of a person’s registration shall continue in effect until the Superintendent exercises in relation to that person any of the powers conferred under section 28(1) or 29(1) or (3) upon the Superintendent.

(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 registered person who is the subject of the disciplinary inquiry may— (Amended 16 of 2013 s. 2)

(1)

The Superintendent may, in relation to a disciplinary inquiry, by notice in writing served on a person, require—

(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.

(1)

The registered person who is the subject of a disciplinary inquiry may be represented at the inquiry by— (Amended 16 of 2013 s. 19)

(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.

(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—

(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.

(1)

Where at the date, time and place set down for holding a disciplinary inquiry, the registered person who is 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 person as if, for the purposes of those sections and sections 22 and 29(2), the inquiry had been held on that date. (Amended 16 of 2013 s. 20)

(2)

If the Superintendent refuses to hold a disciplinary inquiry under subsection (1), but fails to take any action permitted by that subsection against the registered person within 30 days after the date set down for holding the inquiry, the Superintendent must, without delay—

(3)

If at any stage of the proceedings of a disciplinary inquiry, the Superintendent is of the opinion that there is insufficient evidence, or no evidence, to justify the Superintendent taking the action under section 28(1) or 29(1) or (3) against the registered person, the Superintendent—

(1)

The Superintendent may, not later than 30 days after holding a disciplinary inquiry in respect of a person whose registration has been suspended under section 21(1), remove the name of the person from the register where the Superintendent is satisfied that the person has and, in the case of any of paragraphs (a), (b), (c), (d), (f), (g) and (h), whether in Hong Kong or elsewhere— (Amended 16 of 2013 s. 21)

(2)

The Superintendent may remove from the register the name of a person who has contravened section 10(3) and shall remove from the register the name of a person whose registration has expired under section 10(4).

(3)

The Superintendent shall remove from the register the name of a person who— (Amended 16 of 2013 s. 21)

(4)

Where, under subsection (1), (2) or (3)(b), a person’s name has been removed from the register, the Superintendent shall, without delay— (Amended 16 of 2013 s. 21)

(5)

Where a person has had his name removed from the register under subsection (2), he may, not later than 1 month after notice of the Superintendent’s decision to so remove him from the register was served under subsection (4)(a) on him, or within such further period, if any, as the Superintendent may allow in any particular case, make an application under Part III to have the person’s name entered in the register again.

(6)

Where a person who has had his name removed from the register under subsection (2) makes an application referred to in subsection (5), he shall not make an appeal under section 31 in respect of the Superintendent’s decision to so remove him from the register and, if any such appeal is made, whether before or after that application, it shall be of no effect and shall, for all intents and purposes, be deemed to have never been made.

(7)

Where a person has had his name removed from the register under subsection (3)(b), he may, not earlier than 6 months after notice of his removal was served under subsection (4)(a) on him, make an application under Part III to have the person’s name entered in the register again, and the provisions of this Ordinance shall apply accordingly.

(1)

Where, after holding a disciplinary inquiry in respect of a person whose registration has been suspended under section 21(1), it appears to the Superintendent that the person has and, in the case of any of paragraphs (a), (b) and (c), whether in Hong Kong or elsewhere— (Amended 16 of 2013 s. 22)

the Superintendent may, not later than 30 days after that disciplinary inquiry was so held, suspend the person’s registration for any period not exceeding 36 months.

(2)

The period during which a person’s registration is suspended under subsection (1) shall begin to run from and including the day on which the disciplinary inquiry in respect of that person was first held.

(3)

Notwithstanding subsection (1), the Superintendent may, not later than 30 days after a disciplinary inquiry referred to in that subsection has been held in respect of a person, instead of exercising the power conferred on him by that subsection, issue the person with a caution in writing to be of good behaviour in the future.

(4)

Where, under subsection (1), a person’s registration has been suspended, the Superintendent shall, without delay— (Amended 16 of 2013 s. 22)

(1)

The Superintendent may require any person whose name appears on the register, and whose registration is not for the time being suspended for any other reason, to undergo, within a specified period, such medical examinations (including medical examinations as to mental health) as to his fitness for employment in ships as the Authority may, after consultation with the Advisory Board, specify in general directions to the Superintendent.

(2)

The Superintendent may suspend the registration of any person who, having been required under subsection (1) to undergo a medical examination, fails to pass such examination within the period specified.

(3)

The Superintendent shall, where he has suspended under subsection (2) the registration of a person who is employed as a seafarer, give notice in writing of the suspension to the person’s employer without delay.

(4)

The suspension under subsection (2) of a person’s registration shall continue in effect until he produces to the Superintendent the certificate of a medical practitioner stating that he is fit for employment in ships.

(5)

Where a person whose registration is suspended under this section produces to the Superintendent a certificate referred to in subsection (4), the Superintendent shall, without delay, give notice in writing of the certificate to the employer to whom he gave the notice under subsection (3) in respect of that person.

(1)

Subject to section 28(6), a person— (Amended 16 of 2013 s. 2)

may appeal to the Authority on the grounds specified in subsection (2).

(2)

The grounds upon which a person may appeal under this section are— (Amended 16 of 2013 s. 2)

(3)

A person may make an appeal under this section by delivering to the Authority, not later than 30 days after notice of the Superintendent’s decision was served under section 28(4)(a) or 29(4)(a) on him, or within such further period, if any, as the Authority may allow in any particular case, a notice in writing setting forth the ground or grounds of appeal.

(4)

The Authority shall refer every appeal made under this section to the Appeals Board and shall serve on the person by whom the appeal is made a notice stating the date, time and place at which the appeal will be heard.

(1)

Subject to subsection (2), where the hearing of an appeal made under section 31 by a person is not commenced within 3 months after the notice of appeal was delivered in accordance with that section to the Authority and— (Amended 16 of 2013 s. 24)

(2)

Where the hearing of an appeal made under section 31 is not commenced within the period specified in subsection (1) and the Authority is satisfied that the failure to commence the hearing within that period was—

the Authority may extend, and may further extend, the period within which the hearing shall be commenced for such period as he thinks fit.

(1)

Subject to section 35 and this section, the practice and procedure on the hearing by the Appeals Board of an appeal made under section 31 by a person on the ground that the period for which his registration was suspended is excessive shall be such as the Appeals Board thinks fit. (Amended 16 of 2013 s. 25)

(2)

The practice and procedure on the hearing by the Appeals Board of an appeal made under section 31 by a person on the ground that he disputes the ground on which his name was removed from the register or his registration was suspended shall, subject to sections 33 and 35 and this section, be such as the Appeals Board thinks fit and that— (Amended 16 of 2013 s. 25)

(3)

On the hearing of an appeal made under section 31 by a person, the person may be represented by a counsel or solicitor or an agent (including an official of any union of which the person is a member by being a seafarer or being desirous to be employed as a seafarer) and the Superintendent may be represented by a legal officer. (Amended 16 of 2013 s. 25)

(4)

Any deposition made on oath by any person before a magistrate or other person authorized by law to take such deposition, or before any accredited consular officer, shall be admissible in evidence in any proceedings before the Appeals Board—

(5)

Any deposition purporting to be signed by the magistrate or accredited consular officer or like person before whom it was made shall be deemed to have been so signed in the absence of evidence to the contrary.

(6)

Any entry in the official log book of any ship or in any similar document, and any document purporting to be a copy of any such entry and to be certified as a true copy by any person specified in subsection (7), shall be admissible in evidence and, in the absence of evidence to the contrary, be evidence of the matters stated therein in proceedings before the Appeals Board if the entry was made and signed by the master and some other member of the crew of the ship, within 24 hours after the occurrence to which it relates or within such other time as may be allowed under the maritime law applicable to the ship concerned.

(7)

For the purposes of subsection (6), a copy of an entry in the official log book of any ship or in any similar document may be certified by—

or by any person who has functions similar to those of any person referred to in paragraph (a), (b), (c), (d) or (e) and recognized for the purposes of this Ordinance by the Superintendent.

(8)

Any entry in the official log book of any ship, or in any similar document, purporting to be signed by the master and another member of the crew of the ship shall be presumed to have been so signed in the absence of evidence to the contrary, and any date and time purporting to be the date on and time at which any such entry was made and signed shall be presumed to be the date on and time at which the same was made and signed in the absence of evidence to the contrary.

(9)

A copy of any entry in the official log book of any ship or in any similar document purporting to be certified by any person specified in subsection (8) shall be presumed to have been so certified in the absence of evidence to the contrary.

(10)

Subject to this section, the Appeals Board may receive and consider such evidence as it thinks fit, notwithstanding that the evidence would not be admissible under rules relating to admission of evidence in courts of law.

(11)

A counsel, solicitor, agent or legal practitioner appearing before the Appeals Board at the hearing of an appeal made under section 31 shall have the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the District Court.

(12)

A witness appearing at the hearing of an appeal made under section 31 shall have the same liabilities, protection and immunity as a witness has in proceedings before the District Court.

(1)

Subject to subsection (3), where, on hearing of an appeal made under section 31, the Appeals Board by majority vote affirms the Superintendent’s decision the subject of the appeal, the Appeals Board shall dismiss that appeal.

(2)

Where, on the hearing of an appeal made under section 31, the Appeals Board by majority vote does not affirm the decision of the Superintendent the subject of the appeal, the Appeals Board shall direct the Superintendent to—

as the case requires.

(3)

The Appeals Board may, by majority vote, instead of affirming the decision of the Superintendent the subject of an appeal made under section 31 by a person— (Amended 16 of 2013 s. 2)

(1)

The Authority shall, as soon as practicable after a decision has been made under section 36 in respect of an appeal made under section 31, notify in writing the person by whom the appeal was made of— (Amended 16 of 2013 s. 26)

(2)

If the Superintendent restores the name of a person to the register or withdraws the suspension of registration of a person in accordance with a direction given under section 36(2), the Superintendent must, if the person is employed as a seafarer, give notice in writing of the restoration or withdrawal to the person’s employer as soon as practicable. (Replaced 16 of 2013 s. 26)

(3)

If the Appeals Board directs that a person’s registration be suspended for a shorter period under section 36(3), the Superintendent must, if the person is employed as a seafarer, give notice in writing of that direction to the person’s employer as soon as practicable. (Replaced 16 of 2013 s. 26)

(1)

Where a person whose appeal is referred under section 31(4) to the Appeals Board is dissatisfied in point of law with a decision of the Appeals Board on the appeal, he may, not later than 30 days after the notification under section 37(1) is served on him, appeal to a judge of the District Court. (Amended 16 of 2013 s. 2)

(2)

A judge of the District Court hearing an appeal under subsection (1) may, where he is of the opinion that the decision of the Appeals Board to which that appeal relates was erroneous in point of law—

(3)

The Chief Justice may make rules providing for the practice and procedure on any appeal under subsection (1).

(4)

Subject to any rules made under subsection (3), the practice and procedure on an appeal under subsection (1) shall be such as the judge hearing it determines.

(1)

This section applies if, by reason of an appeal under section 38 by a person employed as a seafarer, the Superintendent—

(2)

The Superintendent must give notice in writing of the restoration or withdrawal to the person’s employer as soon as practicable.

(1)

Except as provided by section 46 or 48(1), or subsection (6), or with the permission of the Superintendent, no person shall—

except at or through the Office and upon payment of the prescribed fees.

(2)

Except as provided by section 63(3), or subsection (6), or with the permission of the Superintendent, no person, other than a permitted body and upon payment of the prescribed fee, shall supply for employment in a ship any registered person.

(3)

No person shall accept or receive for employment in a ship any registered person who has been listed for prospective employment, supplied for employment or employed, in contravention of this section.

(4)

The master of a ship shall not leave the waters of Hong Kong with any registered person who has been listed for prospective employment, supplied for employment or employed, in contravention of this section.

(5)

Without prejudice to subsection (4), the master of a ship shall not, except with the permission of the Superintendent, leave the waters of Hong Kong with any registered person who, having joined the ship, has been supplied for employment or employed otherwise than at or through the Office, other than— (Amended 16 of 2013 s. 2)

(6)

Where there is an emergency, a registered person whose registration is not for the time being suspended under this Ordinance may be supplied for employment or accepted for employment or employed in a ship otherwise than at or through the Office where— (Amended 16 of 2013 s. 2)

(7)

Any person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction—

(8)

Where there is a contravention of subsection (4) or (5), the employer of the registered person concerned and the master of the ship concerned each commits an offence and is liable on conviction—

(9)

Where, in proceedings for an offence under this section, the defendant alleges that the case falls within subsection (6), it shall be on the defendant to prove the facts that bring the case within that subsection.

(10)

Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), a complaint or information in respect of an offence under this section may be made or laid at any time within 2 years after the date of the offence.

(1)

A person shall not be supplied by the Office for selection for employment in a ship unless— (Amended 16 of 2013 s. 2)

(2)

The method used in the Office for mustering registered persons to be supplied for selection for employment in ships shall be such as the Authority determines after consultation with the Advisory Board. (Amended 16 of 2013 s. 2)

(1)

Where a vacancy for a seafaring post occurs in a permitted body and no suitable, available registered person is listed with the crew department of that body to fill that vacancy, then, subject to section 40(6), if that body intends to employ a registered person, it may make known that vacancy in such manner as it thinks fit.

(2)

Where a permitted body that has, under subsection (1), made known a vacancy for a seafaring post finds a registered person suitable to be listed for employment in a ship, it shall supply the prescribed form duly completed to the person, and the person shall present the form to the Office without delay.

(3)

Where a registered person presents the prescribed form to the Office in accordance with subsection (2), the Superintendent shall— (Amended 16 of 2013 s. 28)

(4)

Where the Superintendent has recorded in accordance with subsection (3) in the employment registration book of a registered person the fact that the person is listed with the permitted body concerned, the person shall return to that body without delay, and then that body shall verify that he is so listed and enter his name in its crew department record.

(1)

A person shall not be listed with a permitted body for subsequent employment in a ship unless— (Amended 16 of 2013 s. 2)

(2)

A registered person shall not be listed in accordance with subsection (1) with more than one permitted body except with the permission of the Superintendent.

(1)

Where a registered person who is listed in accordance with section 43(1) in the crew department record of a permitted body is supplied by the body for employment in a ship, the body shall cause to be completed in respect of that person an employment card in the prescribed form.

(2)

Where a registered person supplied under subsection (1) for employment in a ship signs the crew agreement for employment in that ship or enters into any other agreement for employment in that ship, there shall, at the time he so signs, be produced to the Superintendent or the consular officer, as the case may be— (Amended 16 of 2013 s. 29)

(3)

Subject to section 48, a permitted body must pay the prescribed fee in respect of every registered person who is—

(4)

Where all the registered persons supplied by a permitted body for employment in a ship have been employed in such ship, that body shall, not later than 7 working days after the last day of the month during which that employment took place, pay in respect of each such person the prescribed fee referred to in subsection (3).

(5)

Where a registered person who is supplied under subsection (1) for employment in a ship signs the articles of agreement for employment in that ship or enters into any other agreement for employment in that ship, and the employment card completed in respect of the person pursuant to that subsection and the person’s employment registration book are not, at the time he so signs, produced to the Superintendent or the consular officer in accordance with subsection (2), the permitted body concerned commits an offence and is liable on conviction to a fine at level 2.

(6)

Any permitted body which contravenes subsection (4) commits an offence and is liable on conviction to a fine at level 2.

(1)

Where, according to the method used in the Office pursuant to section 41(2) for mustering registered persons who have given notice to the Superintendent pursuant to section 41(1)(a)(ii), a registered person is required to attend at the Office to be supplied for selection for employment in a ship, the Superintendent shall serve on the person a notice specifying the date on, and the time at which, he is required to so attend.

(2)

Where a registered person who is supplied by the Office for selection for employment in a ship is selected for employment in that ship, the Superintendent shall issue, in respect of that person, an employment card in the prescribed form to the employer of that person.

(3)

Where a registered person in respect of whom an employment card has been issued under subsection (2) is for any reason not employed in the ship in relation to which that card was issued, the employer concerned shall return that card to the Superintendent without delay.

(4)

A person intending to employ a registered person at a muster held in the Office shall make available for inspection in the Office by the person a copy of the terms and conditions of employment, approved by the Superintendent, on which it is proposed to employ the person.

(5)

Where a registered person who has been selected in accordance with this section at a muster held in the Office for employment in a ship signs the articles of agreement for employment in that ship or enters into any other agreement for employment in that ship, there shall be produced to the Superintendent or the consular officer, as the case may be, at the time he so signs— (Amended 16 of 2013 s. 30)

(6)

Subject to section 48, an employer shall pay, in respect of every muster held at the Office for the employer—

(7)

Where all the registered persons who have been selected for employment in a ship have been employed in such ship, the employer shall not later than 7 working days after the last day of the month during which that employment took place, pay in respect of each such person the prescribed fee referred to in subsection (6)(b).

(8)

Where a registered person who has been selected in accordance with this section for employment in a sea-going ship or a coastal-going ship signs the articles of agreement for employment in that ship or enters into any other agreement for employment in that ship, and the employment card issued under subsection (2) in respect of the person and the person’s employment registration book are not at the time he so signs produced to the Superintendent or the consular officer in accordance with subsection (5), the employer concerned commits an offence and is liable on conviction to a fine at level 2. (Amended 23 of 1998 s. 2)

(9)

Any employer who contravenes subsection (7) commits an offence and is liable on conviction to a fine at level 2.

(1)

Where a registered person is to be accepted for employment or employed in a ship pursuant to section 40(6), the employer concerned shall complete in respect of that person an emergency employment card in the prescribed form so as to contain the particulars required thereby.

(2)

Where a registered person referred to in subsection (1) signs the articles of agreement for employment in the ship referred to in that subsection or enters into any other agreement for employment in that ship, the person’s employment registration book and the emergency employment card referred to in that subsection shall be produced, at the time he so signs—

(3)

Where a registered person has under this section been employed in a ship, the employer concerned shall, not later than 2 working days after the employment commenced, and at the same time— (Amended 16 of 2013 s. 31)

(4)

A notice delivered to the Superintendent pursuant to subsection (3)(a)(ii) may relate to more than one registered person.

(5)

Where a registered person who is being accepted for employment or employed in a ship pursuant to section 40(6) signs the articles of agreement for employment in that ship or enters into any other agreement for employment in that ship, and the emergency employment card and the person’s employment registration book are not at the time he so signs produced to the Superintendent or the consular officer or the master of the ship in accordance with subsection (2), then the employer concerned commits an offence and is liable on conviction to a fine at level 2.

(6)

Where there is a contravention of subsection (1) or (3), the employer concerned commits an offence and is liable on conviction to a fine at level 2.

(1)

Where, at any time before a registered person, including a registered person listed and employed by a permitted company, is discharged from a ship on the termination of his employment agreement, the employer concerned has notified the Superintendent, by delivering to him, together with the prescribed fee, a re-employment card in the prescribed form containing such particulars as are required thereby, that the person is to be re-employed in that ship, then, not later than 30 days after his discharge from that ship, the person may be re-employed therein otherwise than at or through the Office, and without payment of any other fee, if, at the time he is re-employed, he is registered and his registration is not for the time being suspended under this Ordinance and, in the case of a person employed by a permitted company, his name is listed with that company.

(2)

Where a re-employment card is delivered to the Superintendent pursuant to subsection (1), the Superintendent shall enter therein the date on which he received it and return it to the employer who delivered it to him.

(3)

Where a registered person who is being re-employed in a ship pursuant to subsection (1) signs the articles of agreement for employment in that ship or enters into any other agreement for employment therein, there shall be produced to the Superintendent or the consular officer at the time the person so signs— (Amended 16 of 2013 s. 2)

(4)

Where a registered person who is being re-employed in a ship pursuant to subsection (1) signs the articles of agreement for employment in that ship or enters into any other agreement for employment therein, and the re-employment card and the person’s employment registration book are not at the time he so signs produced to the Superintendent or the consular officer in accordance with subsection (3), the master of the ship and the employer concerned each commits an offence and is liable on conviction to a fine at level 2.

(5)

In proceedings for an offence under this section, it shall be a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence or, in the case of the master of the ship concerned, that he was not present at the time the articles of agreement or other agreement concerned were or was signed.

(1)

Where all the registered persons who have been selected for employment in a ship in accordance with this Part have been employed or re-employed, the employer concerned shall, not later than 7 working days after the last day of the month during which the employment or re-employment commenced, and at the same time, deliver to the Superintendent— (Amended 16 of 2013 s. 2)

(2)

Where there is a contravention of subsection (1), the employer concerned commits an offence and is liable on conviction to a fine at level 2.

(1)

Where a registered person’s employment in a ship is for any reason terminated and it is not intended to re-employ him in that ship, the employer concerned shall, not later than 7 working days after the date of the person’s discharge from the ship, cause to be delivered to the Superintendent a notice of the discharge in the prescribed form.

(2)

Where a permitted company does not intend to re-employ a registered person referred to in subsection (1) in the ship referred to in that subsection or in any ship for which it is permitted to employ or supply registered persons for employment, the company shall, not later than 14 working days after the discharge of the person from that ship, notify the Superintendent in the prescribed form of such intention and the grounds therefor.

(3)

Except where he is re-employed under section 48, a registered person shall, not later than 30 days after discharge from the last ship in which he was employed, report in person to the Office except that, where such discharge is in a place outside Hong Kong, such period shall not begin to run until his first return to Hong Kong after such discharge.

(4)

A registered person who is not listed with a permitted company may, notwithstanding that he has given notice to the Superintendent pursuant to section 41(1) that he seeks such listing, notify the Superintendent of his intention to take leave of absence by submitting to the Superintendent the prescribed form specifying the period for which he intends to take such leave.

(5)

A permitted company shall, not later than 7 working days after a registered person’s last discharge from a ship for which it is permitted to employ or supply registered persons for employment, submit any applications that are received by such company requesting leave of absence from that company’s listed persons to the Superintendent in the prescribed form, specifying the periods for which such persons have been granted such leave.

(6)

A registered person who takes leave of absence pursuant to subsection (4) or (5) shall be available for employment with effect on and from the day following the last day of such leave pursuant to subsection (4) and his name shall be entered in the roster, as the case may be, pursuant to subsection (5), on such day.

(7)

Where there is a contravention of subsection (1), the employer concerned commits an offence and is liable on conviction to a fine at level 2.

(8)

Any permitted company which contravenes subsection (2) or (5) commits an offence and is liable on conviction to a fine at level 2.

(9)

Any registered person who, without reasonable excuse, fails or refuses to comply with subsection (3) or (6) commits an offence and is liable on conviction to a fine at level 1.

(1)

Subject to section 54, the Superintendent shall, upon payment of the prescribed fee, grant a permit to maintain a roster to any company or seafarers’ organization— (Amended 16 of 2013 s. 33)

(2)

Subject to section 54, every permit shall be valid on and from the day on which it is granted.

(3)

The Superintendent may at any time impose upon a permitted body such conditions as he thinks fit by endorsing such conditions on the body’s permit or by specifying such conditions in a notice in writing served on the body.

(1)

An application for the grant of a permit shall be—

(2)

In addition to the particulars supplied in accordance with subsection (1), the Superintendent may require an applicant to supply him with such information as he specifies, being information that is required for the purposes of, or in connection with, the exercise by the Superintendent of his powers under section 54.

(3)

If there is any change to the particulars of the owner of a ship for which a permitted body supplies registered persons for employment, the body must notify the Superintendent of the change by written notice and pay the prescribed fee without delay. (Replaced 16 of 2013 s. 34)

(3A)

On receiving a written notice and the prescribed fee under subsection (3) from a permitted body, the Superintendent must amend the body’s permit accordingly. (Added 16 of 2013 s. 34)

(4)

The Superintendent may, at any time, by notice in writing served on a permitted body, require the body to supply him with such information in relation to its permitted crew department as he specifies in the notice and the body shall, as soon as practicable after being served with the notice, so supply such information.

(5)

Any permitted body which contravenes subsection (3) or (4) commits an offence and is liable on conviction to a fine at level 2.

(1)

The Superintendent may refuse to grant a permit—

(2)

In addition to the grounds specified in subsection (1), the Superintendent may refuse to grant a permit—

(1)

The permit held by a permitted body may be cancelled by the Superintendent at any time— (Amended 16 of 2013 s. 37)

(2)

Where the Superintendent cancels any permit under subsection (1), he shall, without delay, give to the company or seafarers’ organization concerned notice in writing of the cancellation, together with a statement of the ground on which the permit was cancelled, and the cancellation shall take effect on and from the expiration of the period specified or allowed under section 60(2) for an appeal against that cancellation to be made except that, if such an appeal is made, the Superintendent may, in his discretion, suspend the coming into effect of that cancellation pending the determination of that appeal.

(3)

Without prejudice to the generality of subsection (1), the Superintendent may, as he thinks fit, on being requested in writing by a permitted body to do so, by notice in writing served on the body, cancel its permit with effect from such date as is specified in that notice.

(1)

Where—

the permitted body shall give notice in writing of the commencement or cessation of employment to the Superintendent without delay and, where such notice is given in relation to a person referred to in paragraph (a), the body shall supply to the Superintendent such particulars in relation to that person as the Superintendent requires on receipt of such notice.

(2)

A notice under subsection (1) shall be signed by the person in charge of the permitted crew department.

(3)

Any permitted body which contravenes subsection (1) or any person in charge of a permitted crew department who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

(1)

A permitted body shall cause the names of the members of the staff of its permitted crew department to be displayed in the English and Chinese languages in a conspicuous position in the place where such members are discharging their duties.

(2)

Any permitted body which contravenes this section commits an offence and is liable on conviction to a fine at level 2.

(1)

A company or seafarers’ organization may appeal to the Administrative Appeals Board if it is aggrieved by a decision of the Superintendent—

(2)

The company or seafarers’ organization must lodge the appeal within 28 days after receiving notice of the decision.

(1)

A permitted body shall keep in its permitted crew department, in such form and manner as the Superintendent approves, a record containing the names of all registered persons whose names for the time being appear in the register in respect of the permitted body.

(2)

A permitted body shall not enter the name of a registered person in the crew department record kept in its permitted crew department unless his name appears in the register in respect of the permitted body and his employment registration book is endorsed accordingly.

(3)

If a permitted body receives a notice from a registered person that the person wishes to have the person’s name removed from the crew department record kept in its permitted crew department, the body must so remove the person’s name. (Replaced 16 of 2013 s. 41)

(4)

A permitted body may at any time remove the name of a registered person from the crew department record kept in the permitted crew department maintained by the body where— (Amended 16 of 2013 s. 41)

(5)

Where, under subsection (3) or (4), the name of a registered person is removed from the crew department record, the permitted body concerned shall give notice of the removal to the Superintendent without delay, together with a statement of the ground on which it was removed.

(6)

Where the Superintendent has given notice in writing to a permitted body under section 28(4)(b), 29(4)(b) or 30(3) that the name of a person recorded by it in the permitted crew department maintained by the body has been removed or suspended from the register, the body shall, without delay, remove the name of the person from the crew department record kept in the permitted crew department.

(7)

Any permitted body which contravenes subsection (1), (2), (5) or (6) commits an offence and is liable on conviction to a fine at level 2.

(1)

Where the Superintendent, after such inquiry as he thinks fit, considers that the name of a registered person was removed under section 61(4) from the crew department record without any or any sufficient cause, the permitted body concerned shall, if so required by the Superintendent, restore the name of the person to the crew department record.

(2)

A decision of the Superintendent under subsection (1) shall be final.

(3)

Any permitted body which contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2.

(1)

Subject to subsection (3), a registered person shall not be supplied by a permitted body for employment in a ship unless his name appears in the crew department record kept in the permitted crew department maintained by the body.

(2)

After the Superintendent has given notice in writing to a permitted body under section 21(3)(a), 29(4)(b) or 30(3) that the registration of a person recorded by it in the crew department maintained by the body has been suspended or suspended for a further period, as the case may be, the permitted crew department maintained by the body shall not supply that person for employment in a ship while his registration continues to be suspended.

(3)

Where, in any case of emergency—

a permitted body may, notwithstanding that the name of the person does not appear in the crew department record kept in the permitted crew department maintained by the body, supply for employment in a sea-going or coastal-going ship a registered person who has been employed other than at or through the Office if the name of the person appears in Part I or Part II, as the case may be, of the register and whose registration is not for the time being suspended under this Ordinance, and any person who in any such case employs such person or supplies him to the body shall not thereby contravene section 40(1) or (2), as the case may be. (Amended 23 of 1998 s. 2)

(1)

A permitted body must keep in its permitted crew department a list of the registered persons contained in its crew department record who are available for employment—

(2)

The list of registered persons must be—

(3)

Any list kept under this section must contain in respect of each registered person whose name appears in the list such particulars as the Superintendent requires. (Amended 16 of 2013 s. 42)

(4)

Any permitted body which contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 2. (Amended 16 of 2013 s. 42)

(1)

Within 7 working days after the last day of each month during the whole or part of which a permit is in force, the permitted body shall deliver to the Superintendent a notice in the prescribed form, and signed by the person in charge of the permitted crew department, containing such particulars in relation to registered persons supplied by it for employment in sea-going ships or coastal-going ships during that month as are required by such form. (Amended 23 of 1998 s. 2)

(2)

Any permitted body which contravenes this section commits an offence and is liable on conviction to a fine at level 2.

(1)

Within 7 working days after the last day of each month, a permitted body shall deliver to the Superintendent a notice in the prescribed form and signed by the person in charge of the permitted crew department— (Amended 16 of 2013 s. 44)

(2)

Any permitted body which contravenes this section commits an offence and is liable on conviction to a fine at level 2.

(1)

Without prejudice to any other provision of this Ordinance, a permitted body must at all times cause to be displayed in a conspicuous position in a part of its permitted crew department to which registered persons have access— (Amended 16 of 2013 s. 46)

(2)

(Repealed 16 of 2013 s. 46)

(3)

The notice or notices displayed in a permitted crew department pursuant to subsection (1)(a) must be in such form as the Superintendent approves and the names of registered persons must be entered in such notice or notices in such manner as the Superintendent approves.

(4)

A notice displayed in a permitted crew department pursuant to subsection (1)(a) must specify— (Amended 16 of 2013 s. 46)

(5)

The notice or notices displayed in a permitted crew department pursuant to subsection (1)(a) are taken to contain the names of all registered persons who are available for employment in such ships as are referred to in that subsection— (Amended 16 of 2013 s. 46)

(6)

Any notice or other document displayed in a permitted crew department pursuant to subsection (1)(g) shall be in the English language and, if so required by the Superintendent, in the Chinese language.

(7)

Any permitted body which contravenes subsection (1), (3), (4) or (6) commits an offence and is liable on conviction to a fine at level 2.

(1)

Where an advance of wages is to be paid to a registered person supplied by a permitted company for employment in a ship, the whole of such advance of wages, without any deduction therefrom, shall be paid to such person personally by— (Amended 16 of 2013 s. 2)

(2)

Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 3 months.

(1)

The Superintendent’s approval is required for the method or methods used by a permitted company to pay to persons in whose favour allotments or remittances are made by registered persons who are selected by it for employment in ships that it owns, manages or charters. (Amended 16 of 2013 s. 47)

(2)

Without prejudice to any other provision of this Ordinance, a permitted company shall at all times cause to be displayed in a conspicuous position in a part of its permitted crew department to which registered persons have access and, where allotments and remittances are dealt with elsewhere than in the permitted crew department, in that part of the premises of the permitted company in which the same are dealt with— (Amended 16 of 2013 s. 47)

(3)

Every notice displayed in a permitted crew department pursuant to subsection (2) shall be in the English and Chinese languages.

(4)

Any permitted company which contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 2.

(1)

Any person employed by a permitted body who, by himself or by or in conjunction with any other person, corruptly solicits or receives, or agrees to receive, for himself or for any other person, any gift, loan, fee, reward or advantage as an inducement to, or reward for, or otherwise on account of any person employed by the permitted body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed, in which the permitted crew department maintained by such body is concerned commits an offence.

(2)

Any person who, by himself or by or in conjunction with any other person, corruptly gives, promises or offers any gift, loan, fee, reward or advantage to any person, whether for the benefit of that person or another person, as an inducement to or reward for or otherwise on account of any person employed by a permitted body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed, in which the permitted crew department maintained by the body is concerned commits an offence.

(3)

Any person who commits an offence under subsection (1) or (2) shall be liable—

(1)

The Secretary for Transport and Logistics may make regulations for all or any of the following matters— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

Any determinations made by the Authority pursuant to any regulations made under subsection (1)(g) shall be in writing and may be published in such manner as the Authority thinks fit and the Authority shall, upon payment of the prescribed fee, provide a copy of the determinations to any person who applies to him in that behalf.

(3)

The master of a Hong Kong ship, on signing the crew agreement together with the crew before the Superintendent, shall produce to the Superintendent the certificates of competency or of service, or the licences, and any other certificates or endorsements, which the master, officers and other seafarers on the ship are required to hold under this Ordinance.

(4)

The master of a Hong Kong ship who, without reasonable excuse, fails to comply with subsection (3) commits an offence and is liable on conviction to a fine at level 2.

(1)

The Secretary for Transport and Logistics may make regulations for all or any of the following matters— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

The Authority shall conduct the examinations prescribed by the regulations made under subsection (1) and, for that purpose—

(3)

Any determinations made by the Authority pursuant to any regulations made under subsection (1)(j) shall be in writing and may be published in such manner as the Authority thinks fit and the Authority shall, upon payment of the prescribed fee, provide a copy of the determinations to any person who applies to him in that behalf.

(1)

The Authority shall cause examinations to be conducted in respect of persons in the mercantile marine who wish to obtain certificates of competency as seafarers, other than officers, of the prescribed classes, and shall appoint examiners for that purpose and notify the appointments in the Gazette.

(2)

The Authority may make rules prescribing or providing for—

(3)

Rules made under subsection (2) in respect of the grant of certificates of competency as A.B. shall direct that no such certificate shall be granted to any person unless—

as are prescribed in those rules.

(1)

No person shall rate as an A.B. a seafarer employed to be entered in any Hong Kong ship unless the seafarer is the holder of a certificate of competency.

(2)

The Superintendent or other officer authorized by him before whom a seafarer is employed to be entered in any Hong Kong ship shall refuse to enter the seafarer as an A.B. on the crew agreement unless the seafarer produces a certificate of competency or such other proof that he is the holder of such a certificate as appears to the Superintendent or other officer authorized by him to be satisfactory.

(3) In this section certificate of competency (合格證書) means—(a)a certificate of competency as an A.B. granted in accordance with rules made under section 74; or(b)a qualification recognized under rules made under that section as equivalent to a certificate referred to in paragraph (a).

(4)

Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 3 months.

(1)

Subject to subsection (2), all the business within Hong Kong connected with the employment and discharge of seafarers in ships shall, unless otherwise approved by the Superintendent, be conducted before the Superintendent at—

(2)

Subsection (1) shall not apply where the ship concerned is not a Hong Kong ship and such ship is represented by a consular officer resident in Hong Kong.

(3)

Any person who conducts any business within Hong Kong connected with the employment or discharge of seafarers in ships in contravention of subsection (1) commits an offence and is liable on conviction—

(1)

Where any seafarer is employed or discharged in accordance with section 76(1), the employer concerned, or the agent of the employer, shall pay to the Superintendent—

as the case may be.

(2)

The Superintendent shall cause the fees referred to in subsection (1), together with a copy of this section, to be conspicuously exhibited in the Office, and may require the payment of the fee concerned before proceeding with any employment or discharge of a seafarer.

(1)

No master or employer, or agent of the employer, shall discharge in Hong Kong any seafarer from any ship without informing the Superintendent or the consular officer, if any, representing the ship, and unless due provision is made for the subsistence and maintenance of such seafarer to the satisfaction of—

and any master or employer, or agent of the employer, who discharges a seafarer in contravention of this subsection commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months:

Provided that no such provision shall be necessary in respect of any seafarer—(i)employed in Hong Kong; or(ii)discharged in accordance with the terms of his crew agreement.

(2)

Any seafarer who wilfully remains in Hong Kong after the departure of his ship commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 3 months.

(3)

Any master or any other person belonging to a Hong Kong ship, or belonging to any other ship not represented in Hong Kong by a consular officer, who forces on shore and wrongfully leaves behind, or otherwise wrongfully leaves behind in Hong Kong any seafarer belonging to such ship before the completion of the voyage for which the seafarer was employed, commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

(4)

Where a master or other person is convicted of an offence against subsection (3), the court may, in addition to any penalty it may impose in respect of the offence, order the offender to pay any costs incurred by the Government in transporting the seafarer in respect of whom the offence was committed to any place outside Hong Kong, and the amount so ordered to be paid may be recovered in the same manner as a fine.

(1)

If a seafarer employed in a ship has been lawfully discharged from the ship, the seafarer must not remain on the ship. (Replaced 16 of 2013 s. 48)

(1A)

Subsection (1) does not apply if the seafarer is permitted to remain on the ship by the master of the ship or the seafarer’s employer. (Added 16 of 2013 s. 48)

(2)

A seafarer who remains on a ship in contravention of subsection (1) may be removed from the ship by an authorized officer. (Amended 16 of 2013 s. 48)

(3) In this section, authorized officer (獲授權人員) means any police officer of the rank of inspector or above and any officer of the Marine Department above the rank of Marine Inspector I.

(1)

Subject to subsection (5), a written employment agreement must be entered into between—

(2)

The agreements made under this section with the seafarers employed in a ship shall be contained in one document (to be known as a crew agreement) except that in such cases as the Superintendent approves—

(3)

The provisions and form of a crew agreement shall be of a kind approved by the Superintendent, and different provisions and forms may be so approved for different circumstances.

(4)

Subject to subsections (5), (6) and (7), a crew agreement shall be carried in the ship to which it relates whenever the ship goes to sea.

(5)

The Secretary for Transport and Logistics may make regulations providing for exemptions from the requirements of this section, and the Authority may grant other exemptions from those requirements (whether with respect to particular seafarers or with respect to seafarers employed by a specified person or in a specified ship or in the ships of a specified person) in cases where the Authority is satisfied that the seafarers to be employed otherwise than under a crew agreement will be adequately protected. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(6)

Where, but for an exemption under subsection (5), a crew agreement would be required to be carried in a ship or a crew agreement carried in a ship would be required to contain an agreement with a person employed in the ship, the ship shall carry such document evidencing the exemption as the Authority directs.

(7)

Regulations made under this section may enable ships required under this section to carry a crew agreement to comply with the requirement by carrying a copy thereof, certified in such manner as is provided by the regulations.

(8)

Where a ship goes to sea or attempts to go to sea in contravention of a requirement of this section, the master of the ship, and also the employer or agent of the employer, if such employer or agent is party or privy to the offence, commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months and the ship, if within the waters of Hong Kong, may be detained by the Authority.

(9)

A provision of a crew agreement that purports to extinguish or reduce any right, benefit or protection conferred on the seafarers by this Ordinance is void. (Added 16 of 2013 s. 49)

(1)

The Secretary for Transport and Logistics may make regulations prescribing the procedure to be followed in connection with the discharge of seafarers from Hong Kong ships. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

Without prejudice to the generality of subsection (1), regulations made under this section may make provision—

(3)

Regulations made under this section may provide that in such cases as may be specified in the regulations, or except in such cases as may be specified in or determined under the regulations, a seafarer shall not be discharged outside Hong Kong from a Hong Kong ship without informing the Superintendent.

(1)

Except as provided by or under this Ordinance or any other enactment, the wages due to a seafarer under a crew agreement relating to a ship shall be paid to him in full at the time when he leaves the ship on being discharged therefrom (in this section and section 85 referred to as the time of discharge).

(2)

Where the amount shown in the account delivered to a seafarer under section 85(1) as being the amount payable to him under subsection (1) is replaced by an increased amount shown in a further account delivered to him under section 85(3), the balance shall be paid to him within 7 days of the time of discharge, and if the amount so shown in the account delivered to him under section 85(1) exceeds $1,500 and it is not practicable to pay the whole of it at the time of discharge, not less than $1,500 nor less than one-quarter of the amount so shown shall be paid to him at that time and the balance within 7 days of that time.

(3)

If any amount which, under subsection (1) or (2), is payable to a seafarer is not paid at the time at which it is so payable the seafarer shall be entitled to wages at the rate last payable under the crew agreement for every day on which it remains unpaid during the period of 56 days following the time of discharge, and if any such amount or any amount payable by virtue of this subsection remains unpaid after the end of that period it shall carry interest at the rate of 20% per annum.

(4)

Subsection (3) shall not apply if the failure to pay was due to a mistake, to a reasonable dispute as to liability or to the act or default of the seafarer or to any other cause, not being the wrongful act or default of the employers liable to pay his wages or of their servants or agents, and so much of that subsection as relates to interest on the amount due shall not apply if a court in proceedings for its recovery so directs.

(5)

Where a seafarer is employed under a crew agreement relating to more than one ship, subsections (1), (2), (3) and (4) shall have effect, in relation to wages due to him under the agreement, as if for any reference to the time of discharge, there were substituted a reference to the termination of his employment under the crew agreement.

(6)

Where a seafarer, pursuant to section 83, is discharged from a ship outside Hong Kong but returns to Hong Kong under arrangements made by the employer or agent of the employer, this section shall have effect, in relation to the wages due to him under a crew agreement relating to the ship, as if for the references in subsections (1), (2) and (3) to the time of discharge there were substituted references to the time of his return to Hong Kong, and subsection (5) were omitted.

(1)

Subject to subsection (4) and to regulations made under section 86, 96 or 104, if a seafarer employed in a Hong Kong ship under a crew agreement is to be discharged, the master of the ship or the employer of the seafarer must deliver to the seafarer an account of wages.

(2)

The account shall indicate that the amounts stated therein are subject to any later adjustment that may be found necessary and, subject to subsection (4), shall be delivered not later than 24 hours before the time of discharge or, where the seafarer is discharged without notice or at less than 24 hours’ notice, at the time of discharge.

(3)

Where the amounts stated in the account require adjustment, the employer or agent of the employer of the seafarer shall deliver to him a further account stating the adjusted amounts, and that account shall be delivered not later than the time at which the balance of his wages is payable to the seafarer.

(4)

Where a seafarer is employed under a crew agreement relating to more than one ship, the account of wages must be delivered to the seafarer by the employer of the seafarer on or before the termination of his employment under the crew agreement.

(5)

Where a person fails, without reasonable excuse, to comply with any of the provisions of this section, he commits an offence and is liable on conviction to a fine at level 1.

(1)

Any dispute relating to the amount payable to a seafarer employed under a crew agreement may be submitted by the parties to the Superintendent for decision, but the Superintendent shall not be bound to accept the submission or, if he has accepted it, to decide the dispute, if he is of opinion that the dispute, whether by reason of the amount involved or for any other reason, ought not to be decided by him.

(2)

The decision of the Superintendent on a dispute submitted to him under this section shall be final.

(1)

Subject to this section, a seafarer may, by means of an allotment note issued in accordance with regulations made under this section by the Secretary for Transport and Logistics, allot to any person or persons all or a part of the wages to which he will become entitled in the course of his employment in a Hong Kong ship or Hong Kong ships. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 16 of 2013 s. 53)

(2)

A seafarer’s right to make an allotment under this section shall be subject to such limitations as may, by virtue of the following provisions of this section, be imposed by regulations made by the Secretary for Transport and Logistics. (Amended L.N. 106 of 2002; L.N. 130 of 2007)

(3)

Regulations made by the Secretary for Transport and Logistics for the purposes of this section may prescribe the form of allotment notes and— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(1)

A person to whom all or a part of a seafarer’s wages has been allotted by an allotment note issued in accordance with regulations made under section 89 shall have the right to recover the allotted wages in his own name and for that purpose shall have the same remedies as the seafarer has for the recovery of his wages.

(2)

In any proceedings brought by a person named in such an allotment note as the person to whom all or a part of a seafarer’s wages has been allotted, it shall be presumed, unless the contrary is shown, that the seafarer is entitled to the wages specified in the note and that the allotment has not been varied or cancelled.

(1)

Where a Hong Kong ship is wrecked or lost and a seafarer whose employment in the ship is thereby terminated, or a seafarer’s employment in a Hong Kong ship is terminated other than for disciplinary reasons, before the date contemplated in the crew agreement under which he is so employed he shall, subject to this section, be entitled to wages at the rate payable under that agreement at the date of the wreck, loss or termination of employment other than for disciplinary reasons, for every day on which he is unemployed in the 2 months following that date.

(2)

Where a Hong Kong ship is sold or ceases to be a Hong Kong ship and a seafarer’s employment in the ship is thereby terminated before the date contemplated in the crew agreement under which he is so employed, then he shall, subject to this section, be entitled to wages at the rate payable under that agreement at the date on which his employment is terminated for every day on which he is unemployed in the 2 months following that date.

(3)

A seafarer shall not be entitled to wages by virtue of subsection (1) or (2) for a day on which he was unemployed, if it is shown—

(1)

If a seafarer employed in a ship is discharged from the ship before the Superintendent in Hong Kong, the master of the ship or the seafarer’s employer must sign and deliver to the seafarer a written certificate of discharge.

(2)

The certificate of discharge—

(1)

Subject to subsection (2), a seafarer’s lien, his remedies for the recovery of his wages, his right to wages in case of the wreck or loss of his ship, and any right he may have or obtain in the nature of salvage shall not be capable of being renounced by any agreement.

(2)

Subsection (1) shall not affect such of the terms of any agreement made with the seafarer belonging to a ship which, in accordance with the agreement, is to be employed on salvage service, as provide for the remuneration to be paid to them for salvage services rendered by that ship.

(1)

Except as provided by regulations made under this section, the master of a Hong Kong ship shall make and maintain a list of the crew containing such particulars as are required by the regulations.

(2)

The Secretary for Transport and Logistics may make regulations for all or any of the following matters— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(3)

Regulations made under this section may enable a list of the crew to be contained in the same document as a crew agreement and may treat any particulars entered in the crew agreement as forming part of the particulars entered in the list.

(4)

Regulations made under this section may provide for the delivery to the Superintendent, in such circumstances as are specified in the regulations, of copies of the certificates of competency or of service, or licences, and any other certificates and endorsements, required by this Ordinance to be held by persons entered in a list of the crew.

(5)

Regulations made under this section may exempt from the requirements thereof such descriptions of ship as are specified in the regulations and may make different provision for different circumstances.

(1)

The Secretary for Transport and Logistics may make regulations— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

Without prejudice to the generality of subsection (1), regulations made under this section may, in particular, prescribe or provide for—

(1)

The Secretary for Transport and Logistics may make regulations with respect to the crew accommodation to be provided in Hong Kong ships. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

Without prejudice to the generality of subsection (1), regulations made under this section may, in particular—

(3)

The Authority may grant exemptions from all or any of the provisions of the regulations made under this section for classes of cases or individual cases on such conditions, if any, as he thinks fit and may, subject to giving reasonable notice, alter or cancel any such exemption.

(4)

Regulations made under this section may make different provision with respect to different descriptions of ships or with respect to ships which were registered in Hong Kong at different dates or the construction of which was begun at different dates and with respect to crew accommodation provided for seafarers of different descriptions.

(5)

Regulations made under this section may require the master of a ship or any officer authorized by him for the purpose to carry out such inspections of the crew accommodation as are specified in the regulations.

(6)

(Repealed 16 of 2013 s. 57)

(7) In this section crew accommodation (船員艙房) includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seafarers but does not include any accommodation which is also used by or provided for the use of passengers.

(1)

If a seafarer employed in a Hong Kong ship considers that the provisions or water provided for the seafarers employed in that ship are not in accordance with regulations made under section 96 (whether because of bad quality, unfitness for use or deficiency in quantity), the seafarer may complain to the master of the ship, who shall investigate the complaint.

(2)

If a seafarer who has made a complaint referred to in subsection (1) is dissatisfied with the action taken by the master of the ship concerned as a result of the master’s investigation or with the master’s failure to take any action, the seafarer may state the dissatisfaction to the master and may claim to complain to the Superintendent, and the master, on receiving the claim, shall make adequate arrangements to enable the seafarer to do so as soon as practicable.

(2A)

Despite subsection (1), a seafarer employed in a Hong Kong ship may complain to the Superintendent directly on a subject matter referred to in that subsection. (Added 16 of 2013 s. 58)

(3)

The Superintendent upon receipt of a complaint under subsection (2) or (2A) shall investigate the complaint and may examine the provisions or water provided for seafarers in the ship concerned or cause them to be examined.

(4)

The master of a ship who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at level 2 and, where he has been notified in writing by the Superintendent after making an examination under subsection (3) that any provisions or water in that ship are found to be unfit for use or not of the quality required by regulations made under section 96, then—

(5)

This section does not affect the right of a seafarer employed in a Hong Kong ship to make a complaint on a subject matter referred to in subsection (1) in accordance with the procedures for handling complaints adopted on board the ship. (Added 16 of 2013 s. 58)

(1)

Where a seafarer employed in a Hong Kong ship considers that he has cause to complain about any other seafarer employed in the ship, any conditions on board the ship or anything relating to the seafarer’s employment, he may complain to the master of the ship.

(2)

Where a seafarer who has made a complaint referred to in subsection (1) is dissatisfied with the action taken by the master of the ship on the complaint or with the master’s failure to take any action, the seafarer may state the dissatisfaction to the master and may claim to complain to the Superintendent, and the master, on receiving the claim, shall make adequate arrangements to enable the seafarer to do so as soon as practicable.

(2A)

Despite subsection (1), a seafarer employed in a Hong Kong ship may complain to the Superintendent directly on a subject matter referred to in that subsection. (Added 16 of 2013 s. 59)

(3)

The Superintendent upon receipt of a complaint under subsection (2) or (2A) shall investigate the complaint.

(4)

The master of a ship who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at level 2.

(5)

This section does not affect the right of a seafarer employed in a Hong Kong ship to make a complaint on a subject matter referred to in subsection (1) in accordance with the procedures for handling complaints adopted on board the ship. (Added 16 of 2013 s. 59)

(1)

The Secretary for Transport and Logistics may make regulations requiring Hong Kong ships, or such descriptions of Hong Kong ships as are specified, to carry such medicines and other medical stores (including books containing instructions and advice) as are specified, and such regulations may make different provision for different circumstances. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

(Repealed 16 of 2013 s. 60)

(1)

Where a seafarer employed in a Hong Kong ship receives outside Hong Kong any surgical or medical treatment or such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency, the reasonable expenses thereof shall be borne by his employer and, if the seafarer dies while so employed and is buried or cremated outside Hong Kong, the expenses of his burial or cremation shall also be borne by his employer. (Amended 16 of 2013 s. 61)

(2)

Subsection (1) does not limit the responsibility of the employer of a seafarer employed in a Hong Kong ship to provide, under regulations made under this Ordinance, other medical care in respect of any sickness or injury suffered by the seafarer in the course of or arising from the seafarer’s employment. (Added 16 of 2013 s. 61)

(1)

The Secretary for Transport and Logistics may make regulations— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

Without prejudice to the generality of subsection (1), regulations made under that subsection may make provision for—

(3)

(Repealed 16 of 2013 s. 62)

(1)

Where any expenses are incurred in respect of any matter for which the employer of a seafarer is required to make provision by the regulations made under section 104, then— (Amended 16 of 2013 s. 64)

(2)

Where, in the case of any seafarer, expenses are incurred by the Government or are incurred by the government of any place outside Hong Kong and repaid to such government on behalf of the Government—

the Government may recover them from the seafarer (or, if he has died, from his personal representatives) as a civil debt. (Amended 16 of 2013 s. 64)

(1)

For the purpose of maintaining discipline on board Hong Kong ships, the Secretary for Transport and Logistics may make regulations specifying any misconduct on board a Hong Kong ship as a disciplinary offence and enabling the master of the ship, or such officer as may under such regulations be required or authorized to exercise the powers of the master, to impose fines on seafarers committing such disciplinary offences. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

A fine referred to in subsection (1) that may be imposed on a seafarer for a disciplinary offence shall be such as may be provided in the regulations made under this section by reference to his pay for such period as is specified in the regulations, calculated in such manner as is so specified, but, in any case, the period so specified shall not exceed 5 days.

(3)

Regulations made under this section shall prescribe the procedure to be followed in dealing with disciplinary offences.

(4)

Regulations made under this section shall enable the master of a ship to remit, in such circumstances as is specified in the regulations, the whole or part of any fine imposed thereunder.

(5)

Regulations made under this section may provide for a seafarer who has committed a disciplinary offence to make a complaint to the Superintendent and for the Superintendent to deal with that complaint in such manner as is specified in the regulations.

(6) In this section, seafarer (海員) does not include an officer.

(1)

The amount of a fine imposed on a seafarer for a disciplinary offence, so far as not remitted by the master of the ship concerned, may be deducted from his wages or otherwise recovered by his employer and shall be paid by his employer (whether or not it has been so deducted or otherwise recovered) to the Superintendent.

(2)

Where the wages or part of the wages of a seafarer on whom a fine is imposed for a disciplinary offence are paid by the master of the ship concerned on behalf of the seafarer’s employer or where the master is the employer of the seafarer, the amount referred to in subsection (1) of the fine shall be paid at the time when the seafarer leaves the ship at the end of the voyage or, if earlier, when his employment in the ship is terminated; and, in any other case, the master of the ship concerned shall at that time notify such amount to the seafarer’s employer and the employer shall pay it when the next payment in respect of the seafarer’s wages falls to be made by the employer.

(3)

Any amount paid under this section to the Superintendent shall be transmitted by him to the Government and any amount required to be so paid but remaining unpaid shall be recoverable by the Government as a civil debt.

(4)

Where the master of a ship or an employer fails without reasonable cause to pay any fine as required by this section, he shall for each offence be liable on conviction to a fine not exceeding 6 times the amount of the fine not so paid.

(1)

This section shall apply where, at a time when a Hong Kong ship is in the national or territorial waters of any place outside Hong Kong, a seafarer employed in the ship is absent without leave and present in that place in contravention of that place’s law.

(2)

Where, by reason of a contravention referred to in subsection (1) by a seafarer, a penalty is incurred under the laws of the place where that contravention occurred by the employer of the seafarer, the penalty shall be treated as being attributable to the seafarer’s absence without leave and may, unless the seafarer proves that his absence was due to an accident or mistake beyond his control and that he took all reasonable precautions to avoid being absent, be recovered from the seafarer as special damages for breach of contract.

(3)

Where, by reason of a contravention referred to in subsection (1) by a seafarer, a penalty is incurred under the laws of the place where that contravention occurred by any other person, the amount of such penalty, or, if that amount exceeds $20,000, $20,000 may be recovered by that person from the seafarer.

(1)

Where it appears to the Authority that an officer—

the Authority may cause an inquiry to be held and may, if he thinks fit, suspend, pending the outcome of the inquiry, any certificate or licence issued to the officer and require the officer to deliver it to him.

(2)

Where an inquiry is to be held under this section—

(3)

The persons holding an inquiry under this section and the assessors assisting them shall be remunerated at a rate which shall take account of the amount of work and time occupied by them upon the business of the inquiry and such remuneration shall be determined by the Chief Executive either generally from time to time or specifically in any particular case: (Amended 64 of 1999 s. 3) Provided that nothing in this subsection shall be construed to authorize the payment of remuneration to any person employed full time in any office of emolument under the Government.

(4)

The persons holding an inquiry under this section into the fitness or conduct of an officer—

(5)

Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from him by the Authority.

(1)

The persons holding an inquiry under section 112 may—

(2)

A person shall be obliged to answer questions put to him under this section by the persons holding the inquiry, but if the answers might tend to incriminate him, and he so claims before answering the question, neither the question nor the answer shall be admissible in evidence against him in criminal proceedings other than proceedings for an offence under section 116 or under section 36 of the Crimes Ordinance (Cap. 200), or for perjury, in respect of the answer, and the persons holding the inquiry shall, before asking any question under this section, inform the person concerned of the limitation imposed by this subsection in respect of the admissibility in evidence of the question and any answer given.

(1)

Where an inquiry has been held under section 112, the Authority may, on application by any person or otherwise, order the whole or part of the case to be re-heard, and shall do so—

(2)

Where a re-hearing is to be held under this section—

(3)

Where the persons holding the inquiry have decided to cancel or suspend the certificate or licence of any person or have found any person at fault, then, if no application for an order under subsection (1) has been made or such an application has been refused, that person or any other person who—

may appeal to the Court of First Instance.

(4)

Where the persons holding a re-hearing under this section have—

then, in either case, that person or any other person who—

may appeal to the Court of First Instance.

(5)

If on an appeal under subsection (3) or (4) the Court of First Instance is of the opinion that the decision or finding of the persons holding the inquiry or re-hearing was erroneous in point of law, the court may—

(1)

The Chief Justice may make rules for the conduct of inquiries under section 112 and for the conduct of any re-hearing under section 114.

(2)

Without prejudice to the generality of subsection (1), rules made under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.

(1)

Except as provided by regulations made under this section, an official log book in the prescribed form shall be kept in every Hong Kong ship.

(2)

The Secretary for Transport and Logistics may make regulations prescribing the particulars to be entered in official log books, the persons by whom such entries are to be made, signed or witnessed, the procedure to be followed in the making of such entries and in their amendment or cancellation, and remedial action that may be taken by the Superintendent in respect of any matters the subject of any entries which have been amended or cancelled. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(3)

Regulations made under this section may require the production or delivery of official log books to such persons, in such circumstances and within such times as are specified in the regulations.

(4)

Regulations made under this section may exempt ships of any description from any requirements of the regulations, either generally or in such circumstances as are specified in the regulations.

(5)

Where a person, without lawful authority, wilfully destroys or mutilates or renders illegible any entry in an official log book, he commits an offence and is liable on conviction to a fine at level 3.

(1)

The Secretary for Transport and Logistics may make regulations requiring— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

Regulations made under this section may contain provisions authorizing the reporting of a death outside Hong Kong of a person who holds an identity card where—

(3)

Regulations made under this section may—

(4)

(Repealed 8 of 2006 s. 48)

(5)

Sections 22, 24, 25 and 28 of the Births and Deaths Registration Ordinance (Cap. 174) shall have effect as if— (Replaced 80 of 1997 s. 72. Amended 8 of 2006 s. 48)

(1)

The Registrar shall maintain a register called the Marine Register of Births and Deaths.

(2)

The Marine Register of Births and Deaths shall be compiled from the certified copies sent to the Registrar under regulations made under section 121(3)(c), which are recorded in the form of a digital image in accordance with this section.

(3)

The Registrar shall, on receipt of a certified copy of any record sent to him under regulations made under section 121(3)(c), cause—

(4)

The Registrar shall, on receipt of a certified copy of any corrected or amended entry sent to him under regulations made under section 121(3)(c), cause—

(5)

Where the Registrar is aware of a clerical error in the particulars stored in the database referred to in subsection (3)(b), he shall cause the error to be corrected as soon as possible.

(6)

The certified copies filed in the Marine Register Book of Births and Deaths shall, on the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006), form part of the Marine Register of Births and Deaths and be recorded in the form of a digital image by the Registrar.

(7)

The Registrar shall cause the particulars contained in the certified copies referred to in subsection (6) to be stored in the manner described in subsection (3)(b).

(1)

Subject to subsection (5), where any person dies in a Hong Kong ship—

(2)

The Superintendent holding an inquiry referred to in subsection (1) shall for the purpose of the inquiry be empowered to exercise the powers contained in section 115 of the Merchant Shipping (Safety) Ordinance (Cap. 369), and section 116 of that Ordinance shall apply accordingly.

(3)

The Superintendent holding an inquiry referred to in subsection (1) shall make a report of his findings.

(4)

The Superintendent shall make a copy of a report referred to in subsection (3) available—

(5)

No inquiry referred to in subsection (1) shall be held in respect of a death which is, or is to be, the subject of an inquest held by a coroner in Hong Kong.

(1)

Where a warrant has been issued under subsection (2) in respect of any place, or subsection (3) applies in respect of any place, a prescribed officer may—

(2)

Where a magistrate is satisfied by information upon oath that there are reasonable grounds for believing that—

he may issue a warrant authorizing any prescribed officer to enter such place.

(3)

A prescribed officer may exercise any of the powers conferred under subsection (1) on a prescribed officer without a warrant issued under subsection (2)—

(4)

For the purposes of ascertaining whether the provisions of this Ordinance are being complied with, a prescribed officer may—

(5)

This section shall be without prejudice to any powers of entry and search conferred on police officers under any other law.

(6)

In this section—

domestic premises (住宅處所) means any premises used wholly or mainly for residential purposes and constituting a separate household unit; enter (進入) includes board; place (地方) includes premises and ship; prescribed officer (訂明人員) means— (a)the Authority; (b)the Superintendent; (c)any public officer authorized in writing for the purposes of this section by the Superintendent either generally or in any particular case; (d)any police officer.

(1)

Subject to any rules made under section 74(2)(e) or any regulations made under section 134(4)(e), the Authority may prescribe the form of any notice or document required by or under this Ordinance to be in the prescribed form and the form of such other notices or documents required for the purposes of this Ordinance as he thinks fit.

(2)

For the avoidance of doubt, it is hereby declared that a form prescribed under this section is not subsidiary legislation.

(1)

Subject to subsection (2), where under this Ordinance a function is imposed or a power is conferred upon the Authority or the Superintendent, then the person upon whom such function is imposed or power is conferred may delegate in writing to any public officer to perform on his behalf such function, or to exercise on his behalf such power, as the case may be.

(2)

No delegation shall be made under subsection (1) in respect of any function imposed, or power conferred, upon the Authority or the Superintendent, as the case may be, under—

(3)

A delegate of the Authority or the Superintendent—

(4)

The Secretary for Transport and Logistics may, by notice in the Gazette, amend Schedule 1. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(1)

Any notice or document required or permitted by this Ordinance to be served on a registered person shall be deemed to have been served if it is— (Amended 16 of 2013 s. 2)

(2)

Where, for the purposes of this Ordinance, any notice or document is required or permitted to be served on a person (other than a registered person), it shall be deemed to have been served if it is— (Amended 16 of 2013 s. 2)

(3)

Any person who obstructs the service under this Ordinance of any notice or document on the master of a ship commits an offence and is liable on conviction to a fine at level 2.

(4)

Any owner, agent of the owner or master of a ship who is party or privy to an offence against subsection (3) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.

(5) For the purposes of this section, notice or document (通知或文件) includes a copy of a notice or document.

(1)

Any person who in any form required by, under or for the purposes of this Ordinance, or in any notice or document given, issued or made pursuant to or for the purposes of this Ordinance, makes any statement or furnishes any information which he knows or reasonably ought to know to be false in a material particular commits an offence.

(2)

Any person who supplies any particulars or information required to be supplied under section 53 or 66(1), which he knows or reasonably ought to know to be false in a material particular commits an offence. (Amended 16 of 2013 s. 65)

(3)

Any person who signs any form required by, under or for the purposes of this Ordinance, or any notice or document given, issued or made pursuant to or for the purposes of this Ordinance, in which any statement or information which he knows or reasonably ought to know to be false in a material particular is made or furnished commits an offence.

(4)

Any person who commits an offence against this section shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.

(5) For the purposes of this section, Ordinance (條例) does not include any regulations made under Part VIII or section 119.

(1)

Any person who—

commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.

(2) In this section, certificate of competency (合格證書) means a certificate of competency or of service other than one issued or deemed to be issued under any regulations made under section 73.

(3)

Where a person is convicted of an offence under subsection (1) or of the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) in relation to a certificate of competency, or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a certificate of competency, the Authority may cancel, or suspend for any period, the certificate of competency held by such person. (Amended 45 of 1999 s. 8)

(1)

Where a person ceases to be the master of a Hong Kong ship during a voyage of the ship he shall deliver to his successor the documents relating to the ship or its crew which are in his custody and, where he does so, shall make an entry in the ship’s official log book to the effect that he has done so.

(2)

Any person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 2.

(1)

Where under this Ordinance a ship is to be detained, if the ship, after such detention or after service on the master of the ship of any notice of or order for such detention, proceeds or attempts to proceed to sea before having been released by the Authority or a person authorized by the Authority for that purpose, the master, and also the owner or agent, and any person who sends the ship to sea, if such owner, agent or person is party or privy to the offence, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 2 years.

(2)

Where a ship proceeds to sea in contravention of subsection (1) whilst having on board a public officer who is acting in the execution of his duty, the master and owner of the ship—

and all such expenses may be recovered in the same manner as a fine.

(1)

The Financial Secretary may by regulation prescribe or provide for—

(2)

Any fees prescribed under this section may be fixed at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government or other authority in relation generally to the administration, regulation and control of the matters to which this Ordinance relates, and shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter.

(1)

Any regulations made under this Ordinance may empower the Authority or the Superintendent to—

(2)

Any instructions, directions or codes of practice referred to in subsection (1)(c) and any amendment thereof shall be published in such manner as is specified in the regulations or, if not so specified, in such manner as the person issuing them thinks fit, and such publication shall be notified in the Gazette together with advice as to where copies may be obtained.

(3)

Any regulations made under this Ordinance and any notice or other instrument made or issued under the regulations may provide for the adoption, for the purposes of the regulations, of standards, specifications or codes of practice issued by the International Maritime Organization or other appropriate authority.

(3A)

Any regulations made under this Ordinance for giving effect (whether in whole or in part) to a provision of an international agreement that is applicable to Hong Kong and amended from time to time may—

(4)

Any regulations made under this Ordinance may—

(5)

Without prejudice to section 23 of the Interpretation and General Clauses Ordinance (Cap. 1), any regulations made under this Ordinance may include regulations which provide for transitional or savings provisions in respect of any of the enactments repealed or amended under Part XV.

(6)

Any regulations made under this Ordinance may prescribe offences in respect of contraventions of the regulations, and may provide for the imposition in respect of any such offence of a fine not exceeding level 6 and of imprisonment for a period not exceeding 2 years.

(7) For the purposes of subsection (6), regulations (規例) shall not include rules.

(1)

There may be paid out of the general revenue to any officer or person appointed under this Ordinance, or to any assessor, such remuneration as this Ordinance directs, or in so far as this Ordinance does not extend as the Chief Executive may direct.

(2)

There may be paid out of the general revenue all costs and compensation payable by the Chief Executive or the Government pursuant to this Ordinance.

(3)

The fees prescribed by the Financial Secretary under section 133 are hereby declared to be payable to the Superintendent, and the same and all other fees payable under this Ordinance may be recovered in the District Court as a civil debt.

(1)

Subject to this section, a seaman who was, immediately before the commencement of this Ordinance, registered under the repealed Ordinance shall be deemed to be a seafarer registered under this Ordinance as if—

(2)

Subsection (1) shall cease to apply to a seaman immediately upon—

unless the seaman has, before the expiration of the relevant period, made an application to the Superintendent to be registered under this Ordinance, in which case that subsection shall cease to apply to that seaman immediately upon the determination of that application by the Superintendent.

(3)

Where any act, matter or thing has been done under a provision of Part IV of the repealed Ordinance to or in relation to a seaman (and irrespective of whether subsection (1) applies to that seaman) then, to the extent that but for the enactment of this Ordinance that act, matter or thing would on or after the commencement of this Ordinance have had any force or effect or been in operation, then that act, matter or thing shall, in the like manner, be deemed to have been done under the corresponding provision of Part V to or in relation to the seaman as if—

and the provisions of this Ordinance shall apply accordingly.

(1)

Subject to this section, a person, other than a seaman to whom section 138(1) applies, who was, immediately before the commencement of this Ordinance, employed as a seaman in any coastal-going ship shall be deemed to be a seafarer registered under this Ordinance as if his name were entered in Part II of the register.

(2)

Subsection (1) shall cease to apply to a person immediately upon the expiration of 12 months immediately following the commencement of this Ordinance unless that person has, before the expiration of that period, made an application to the Superintendent to be registered, in which case that subsection shall cease to apply to that person immediately upon the determination of that application by the Superintendent.

(1)

The provisions of the Merchant Shipping Acts as applied in or extended to Hong Kong immediately before the commencement of this Ordinance—

(2)

The Merchant Shipping (Hong Kong) Order 1936 (App. III, p. Y1) is repealed.

(3)

Sections 23, 24 and 25 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply in relation to the repeal of a provision of an United Kingdom enactment effected by this section as they apply in relation to the repeal of a provision of an Ordinance.

(4) In this section, Merchant Shipping Acts (《商船法令》) means the Merchant Shipping Acts 1894 to 1979 of the United Kingdom and any regulations made thereunder.