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An Ordinance to consolidate and amend the law relating to seafarers; to introduce new provisions relating to seafarers and to certain persons carried on but not employed in ships; and to provide for matters incidental thereto or connected therewith. (Enacted 1995) [2 September 1996] L.N. 342 of 1996 (Originally 44 of 1995) Cap 478 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Merchant Shipping (Seafarers) Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 478 s 2 Interpretation Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) In this Ordinance, unless the context otherwise requires- "A.B." (高级水手) means an able-bodied seaman, for which purpose "seaman" (水手) shall include seafarer; "Advisory Board" (谘询委员会) means the Seafarers' Advisory Board established by section 6(1); "Appeals Board" (上诉委员会) means the Seafarers' Appeals Board established by section 18(1); "Authority" (监督) means the Seafarers' Authority established by section 4(1); "autopsy" (尸体剖验) 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 32) or to which Part XI of that Ordinance applies; "company roster" (公司候船名册), in relation to a permitted company, means the list or lists kept in the company's permitted crew department pursuant to section 64(1) or (2), as the case may be; "crew agreement" (船员协议) has the meaning assigned to it by section 80(2); "crew department record" (船员部纪录), in relation to a permitted company, means the record kept in the company's permitted crew department pursuant to section 61(1); "dangerous drug" (危险药物) includes any drug which is a dangerous drug within the meaning of the Dangerous Drugs Ordinance (Cap 134); "direct trade entrant" (直接入职海员) means a seafarer whose seafaring avocation consists of an occupation approved by the Superintendent as an occupation the skills of which cannot normally be acquired by training on board a ship or at a pre-sea training establishment; "disciplinary inquiry" (纪律研讯) means a disciplinary inquiry conducted pursuant to section 22; "disciplinary offence" (违纪行为) 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" (雇主), in relation to- (a) a registered seafarer, means the person who has- (i) supplied that seafarer for employment; or (ii) employed that seafarer, in a ship, irrespective of whether that person- (A) owns, charters or manages; or (B) acts as an agent for another person who owns, charters or manages, that ship; and(b) any other seafarer, means the person who is, in accordance with the crew agreement or other agreement for employment entered into by the seafarer for employment as a seafarer, specified, either by name or by necessary implication, as the employer of that seafarer;"employment registration book" (雇用登记簿) means a registered seafarer's employment registration book issued or deemed to be issued under regulations made under section 17; "fishery research vessel" (渔业研究船) means a vessel primarily used for research into sea fishing and fish stocks; "fishing vessel" (渔船) 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" (职能) includes a duty; "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "identity card" (身分证) means an identity card within the meaning of the Registration of Persons Ordinance (Cap 177); "inquest" (死因研讯) 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" (律政人员) has the meaning assigned to it by section 2 of the Legal Officers Ordinance (Cap 87); "licence" (执照) means a licence issued or deemed to be issued under regulations made under section 73; "lorcha" (西式中国帆船) 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;"master" (船长) includes every person (except a pilot) having command or charge of any ship; "Office" (海管处) means the Mercantile Marine Office established by section 5(1)(a); "officer" (高级船员) 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" (委员团) 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" (永久性居民身分证) means a permanent identity card within the meaning of the Registration of Persons Ordinance (Cap 177); "permit" (许可证) means a permit granted under section 52(1) to a company to maintain a company roster; "permitted company" (核准公司) means any company holding a valid permit; "permitted crew department" (核准船员部) means the crew department maintained by a permitted company; "pleasure vessel" (游乐船只) 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" (出港证) means port clearance under regulation 27 of the Shipping and Port Control Regulations (Cap 313 sub. leg.); "prescribed fee" (订明费用), in relation to any matter, means the fee prescribed in regulations made under section 133 in relation to that matter; "register" (注册纪录册) means the register kept pursuant to section 7; "registered address" (注册地址), in relation to a registered seafarer, means the address of the seafarer recorded pursuant to section 13(2)(a) in the register; "registered seafarer" (注册海员) means a person whose name is entered in the register; "Registrar" (登记官) means the Registrar within the meaning of section 2 of the Births and Deaths Registration Ordinance (Cap 174); "relief and maintenance" (济助及生活费) 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" (内河航限) means- (a) the waters within the vicinity of Hong Kong within the following boundaries- (i) to the east, meridian 114 degrees 30' east; (ii) to the south, parallel 22 degrees 09' north; and (iii) to the west, meridian 113 degrees 31' east; and(b) all inland waterways in the Guangdong Province and Guangxi Autonomous Region on the mainland of China to which access can be obtained by inland waterways from the area defined in paragraph (a);"seafarer" (海员)- (a) in relation to all the provisions of this Ordinance, means any person who is, or is to be, employed in a ship in any capacity other than- (i) that of master; (ii) that of officer; (iii) that of ship's medical practitioner; or (iv) that which the Authority, after consultation with the Advisory Board and subject to such conditions as he thinks fit, specifies in writing to the Superintendent; and(b) in relation to Parts VIII to XIV inclusive, includes any person who is, or is to be, employed in a ship in any capacity (including the capacities referred to in paragraph (a)(i), (ii), (iii) and (iv));"sea-going ship" (远洋船舶) 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" (总监) means the Superintendent of the Office specified in section 5(1)(b); "surveyor of ships" (验船师) 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). (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- (a) death due to drowning after falling overboard; (b) the death of a sick or injured person whilst being transported from the ship to a place outside the ship; (c) death in a ship's boat; (d) being lost from a ship or ship's boat; and (e) any other death occurring outside the ship which is reported to the master of the ship before the completion of the voyage.(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. (Enacted 1995) Cap 478 s 3 Application (1) This Ordinance shall not apply to- (a) any of Her Majesty's ships or other ships of war except, subject to section 141, a Royal Fleet Auxiliary ship; (b) any vessel required to be licensed under Part IV of the Shipping and Port Control Ordinance (Cap 313) except, subject to subsection (2), a pleasure vessel carrying fare-paying guests or passengers outside the waters of Hong Kong.(2) The application of this Ordinance to a pleasure vessel referred to in subsection (1)(b) shall be without prejudice to the application of the Merchant Shipping (Pleasure Vessels) Regulations (Cap 281 sub. leg.) to such vessel. (Enacted 1995) Cap 478 s 4 Establishment of Seafarers' Authority PART II ESTABLISHMENT OF SEAFARERS' AUTHORITY, MERCANTILE MARINE OFFICE AND SEAFARERS' ADVISORY BOARD (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. (Enacted 1995) Cap 478 s 5 Establishment of Mercantile Marine Office (1) For the purposes of this Ordinance, there- (a) is hereby established an office to be known as the Mercantile Marine Office; and (b) shall be a Superintendent of the Office.(2) The Secretary for Economic Development and Labour may appoint a place to be the Office. (Amended L.N. 106 of 2002) (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. (Enacted 1995) Cap 478 s 6 Establishment of Seafarers' Advisory Board (1) For the purposes of this Ordinance, there is hereby established a board to be known as the Seafarers' Advisory Board. (2) The function of the Advisory Board is to advise the Authority on all matters with respect to which it is consulted by the Authority relevant to this Ordinance. (3) The Advisory Board shall consist of- (a) the Authority, who shall be the chairman; (b) the Commissioner for Labour, the Deputy Commissioner for Labour, an Assistant Commissioner for Labour or the Chief Labour Officer; (c) the Superintendent; and (d) not more than 6 other members representative of seafarers' and employers' organizations.(4) The Secretary for Economic Development and Labour 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) (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 Economic Development and Labour specifies in his appointment. (Amended L.N. 106 of 2002) (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 Economic Development and Labour. (Amended L.N. 106 of 2002) (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- (a) not less than 1 member representative of seafarers' organizations; (b) not less than 1 member representative of employers' organizations; and (c) the same number of members representative of seafarers' organizations as the number of members representative of employers' organizations.(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 Authority in respect of any matter with respect to which it is consulted by 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. (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. (Enacted 1995) Cap 478 s 7 Register of seafarers Remarks: Amendments retroactively made - see 23 of 1998 s. 2 PART III REGISTRATION OF SEAFARERS (1) The Superintendent shall establish and maintain a register of seafarers who either- (a) are employed in sea-going ships or coastal-going ships; or (Amended 23 of 1998 s. 2) (b) desire to be employed in sea-going ships or coastal-going ships and in respect of whom the Superintendent is of the opinion that they will obtain their principal means of livelihood from employment in such ships. (Amended 23 of 1998 s. 2)(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- (a) Part I, containing the names of all seafarers who either- (i) are employed in sea-going ships; or (Amended 23 of 1998 s. 2) (ii) desire to be employed in sea-going ships and in respect of whom the Superintendent has the opinion referred to in subsection (1)(b); and (Amended 23 of 1998 s. 2)(b) Part II, containing the names of all seafarers who either- (i) are employed in coastal-going ships; or (ii) desire to be employed in coastal-going ships and in respect of whom the Superintendent has the opinion referred to in subsection (1)(b).(5) The Superintendent may remove from the register the name of any seafarer who has, subsequent to his registration, become employed in a ship in any capacity referred to in paragraph (a)(i), (ii), (iii) or (iv) of the definition of "seafarer" in section 2(1). (Enacted 1995) Cap 478 s 8 Part I of register Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (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- (a) he holds a permanent identity card; (b) he has attained the age of 17 years but has not attained the age of- (i) in the case of a seafarer who is a direct trade entrant, 60 years; and (ii) in any other case, 35 years;(c) he has passed such medical examination as to his fitness for employment in sea-going ships as the Authority specifies; (d) he- (i) has satisfactorily completed a course of training at a pre-sea training school, or other school or institution, approved by the Authority for the purposes of this Ordinance, or possesses such experience as the Superintendent considers sufficient for the purposes of employment in sea-going ships; (ii) possesses such experience of the operation and maintenance of machinery as the Superintendent considers sufficient for the purposes of employment in sea-going ships; or (iii) possesses such experience in the catering industry as the Superintendent considers sufficient for the purposes of employment in sea-going ships; and (e) he has not been convicted of an offence which, if he were registered, would be grounds for the removal or suspension of his name from the register unless the Authority, after consultation with the Advisory Board, otherwise approves.(3) Where at any time it appears to the Superintendent that the number of seafarers 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 seafarer- (a) whose name appears in Part II of the register and who is suitably qualified, by virtue of experience or otherwise, for employment in that post; and (b) who has passed to the satisfaction of the Superintendent such medical examination as to his fitness for employment in sea-going ships as the Authority specifies.(4) The Superintendent shall, in exercising the power conferred on him by subsection (3), give preference, so far as is practicable, to seafarers 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 seafarers as the Authority thinks fit. (Enacted 1995. Amended 23 of 1998 s. 2) Cap 478 s 9 Part II of register (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- (a) he holds a permanent identity card; (b) he has attained the age of 17 years but has not attained the age of- (i) in the case of a seafarer who is a direct trade entrant, 60 years; and (ii) in any other case, 35 years;(c) he has passed such medical examination as to his fitness for employment in coastal-going ships as the Authority specifies; (d) he- (i) has satisfactorily completed a course of training at a pre-sea training school, or other school or institution, approved by the Authority for the purposes of this Ordinance, or possesses such experience as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; (ii) possesses such experience of the operation and maintenance of machinery as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; or (iii) possesses such experience in the catering industry as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; and(e) he has not been convicted of an offence which, if he were registered, would be grounds for the removal or suspension of his name from the register unless the Authority, after consultation with the Advisory Board, otherwise approves. (Enacted 1995) Cap 478 s 10 Seafarers required to be registered and renewal of registration Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (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 seafarer shall, in any continuous 3 year period of registration, be employed as a seafarer for an aggregate of not less than 18 months. (4) Notwithstanding any other provision of this Ordinance, the registration of a seafarer 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- (a) before the expiration of that month, he submits to the Superintendent his employment registration book; and (b) the Superintendent- (i) being satisfied that the seafarer has complied with subsection (3); or (ii) not being satisfied that the seafarer has complied with subsection (3) but being of the opinion, after consultation with the Authority, that there is some good reason why the seafarer has not complied with that subsection, renews his registration by inserting a note to that effect in that book, in which case that renewal of registration shall be deemed to have taken effect immediately after the expiration of that 3 year period and this subsection shall next apply accordingly.(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- (a) in the case of an individual, to a fine at level 4 and to imprisonment for 2 years; and (b) in the case of a body corporate, to a fine at level 5. (Enacted 1995) Cap 478 s 11 Employment of persons who are not seafarers (1) A person shall not be employed in a ship in a capacity referred to in paragraph (a)(iv) of the definition of "seafarer" in section 2(1) unless- (a) the prescribed fee has been paid; and (b) a certificate in the prescribed form has been issued by the Superintendent,in respect of the person to be so employed. (2) Any person who, without reasonable excuse, employs a person in contravention of subsection (1) commits an offence and is liable on conviction to a fine at level 2. (Enacted 1995) Cap 478 s 12 Disqualification for entry of seafarer's name in register Subject to section 15 and except where- (a) the name of a seafarer is restored to the register pursuant to an application referred to in section 28(5); (b) the name of a seafarer is restored to the register pursuant to section 32(1)(a); (c) the name of a seafarer is restored to the register pursuant to section 36(2) or (3); (d) an appeal under section 38 by a seafarer is allowed and by reason thereof the name of the seafarer is restored to the register; or (e) the name of a seafarer is restored to the register pursuant to the directions of a judge on an appeal under section 38,a seafarer shall not be entitled to have his name entered in the register again where his name has previously been removed therefrom under section 28(1) or (2). (Enacted 1995) Cap 478 s 13 Particulars to be entered in register (1) Subject to this section, the register shall, depending on the part of the register in which the name of a seafarer appears, contain in relation to that seafarer such particulars as the Superintendent thinks fit. (2) Where a seafarer's name appears in the register, there shall be recorded against his name- (a) the address for the time being supplied by the seafarer to the Superintendent as the address to which any notice or other document required or permitted by this Ordinance to be served on the seafarer may be sent by post or to which any other notice or document sent to the seafarer for the purposes of this Ordinance may be addressed; (b) the telephone number, if any, for the time being supplied by the seafarer to the Superintendent as the telephone number in Hong Kong at which he may be contacted when in Hong Kong; (c) the rating, if any, of the seafarer; (d) any qualifications, endorsements or special training the seafarer has obtained or received which relate to his occupation as a seafarer; (e) particulars of any removal of his name from the register, or suspension under this Ordinance of the registration of the seafarer, and particulars of any disciplinary action taken under this Ordinance against the seafarer; and (f) particulars of his employment as a seafarer contained in his employment registration book and, if his registration has been renewed under section 10(4), the date on which that registration as renewed was deemed to take effect under that section. (Enacted 1995) Cap 478 s 14 Change of seafarer's rating (1) Where it comes to the notice of the Superintendent that a seafarer whose name appears in the register has been promoted to a rating higher than that recorded in relation to him in the register, the Superintendent shall cause the new rating to be recorded in the register instead of the seafarer's former rating 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 rating recorded in the register in relation to a seafarer has been reduced, the Superintendent shall cause the new rating to be recorded in the register instead of the seafarer's former rating unless, after such inquiry as he thinks fit, the Superintendent is of the opinion that the seafarer's rating was reduced 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, alter the seafarer's rating to a higher rating in the same grade or to a rating in a different grade. (Enacted 1995) Cap 478 s 15 Power of Authority to direct that name of seafarer be restored to register (1) At any time after the expiration of 5 years after the day on which- (a) the name of a seafarer is removed under this Ordinance from the register; or (b) the Appeals Board confirms under section 36(1) the removal of that name from the register,whichever is the later, the seafarer 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 seafarer for his name to be restored to the register, the Authority may, after consultation with the Advisory Board- (a) direct the Superintendent to restore the name of the seafarer to the register; or (b) refuse the application.(3) Where- (a) a seafarer has had his name removed from the register on a ground referred to in section 28(1)(b), (c) or (h); (b) the seafarer has made an application under subsection (1) for his name to be restored to the register; and (c) pursuant to that application, the Authority has under subsection (2)(a) directed the Superintendent to restore the name of the seafarer to the register,the Superintendent shall not restore the name of the seafarer to the register unless and until the Superintendent has received from the seafarer a signed letter of undertaking that the seafarer will be of good behaviour in the future. (Enacted 1995) Cap 478 s 16 Seafarer's employment registration book PART IV EMPLOYMENT REGISTRATION BOOKS Each registered seafarer shall hold an employment registration book. (Enacted 1995) Cap 478 s 17 Regulations in relation to employment registration books The Secretary for Economic Development and Labour may make regulations for all or any of the following matters- (Amended L.N. 106 of 2002) (a) the issue of employment registration books in such form and containing such particulars with respect to the holders thereof and such other particulars, if any, as are specified in the regulations, and requiring seafarers to apply for employment registration books; (b) requiring the holders of employment registration books to produce them to such persons and in such circumstances as are specified in the regulations; and (c) the surrender of employment registration books in such circumstances as are specified in the regulations. (Enacted 1995) Cap 478 s 18 Establishment of Seafarers' Appeals Board Remarks: Adaptation amendments retroactively made - see 64 of 1999 s. 3 PART V ESTABLISHMENT OF SEAFARERS' APPEALS BOARD AND REMOVAL OR SUSPENSION OF SEAFARERS FROM REGISTER (1) For the purposes of this Ordinance, there is hereby established a board to be known as the Seafarers' Appeals Board. (2) The Chief Executive may appoint- (a) such persons representative of seafarers' organizations as he thinks fit to be members of a panel; and (b) such persons representative of employers' organizations as he thinks fit to be members of a panel,which persons may be appointed under section 19(1)(c) to be members of the Appeals Board. (3) Any person appointed under subsection (2) to be a member of a panel may at any time resign his appointment by notice in writing signed by him and delivered to the Secretary for Economic Development and Labour, and the Chief Executive may at any time and for any reason terminate the appointment of any person as a member of a panel. (Amended L.N. 362 of 1997; L.N. 125 of 2004) (Enacted 1995. Amended 64 of 1999 s. 3) Cap 478 s 19 Members of Seafarers' Appeals Board (1) The Appeals Board shall consist of- (a) the Authority, the Deputy Director of Marine or an Assistant Director of Marine appointed by the Authority, who shall be the chairman; (b) a legal officer appointed by the Secretary for Justice; and (c) 4 other members appointed by the Secretary for Economic Development and Labour, of which- (i) 2 shall be drawn from the members of the panel referred to in section 18(2)(a); and (ii) 2 shall be drawn from the members of the panel referred to in section 18(2)(b). (Amended L.N. 362 of 1997; L.N. 125 of 2004)(2) The Superintendent shall not be a member of the Appeals Board. (3) The quorum at any meeting of the Appeals Board shall be the chairman and 2 other members except that any quorum shall have- (a) not less than 1 member representative of seafarers' organizations; (b) not less than 1 member representative of employers' organizations; and (c) the same number of members representative of seafarers' organizations as the number of members representative of employers' organizations. (Enacted 1995) Cap 478 s 20 Complaint against seafarer (1) The employer of a registered seafarer or the master of the ship in which the seafarer is employed may, by notice in writing, lodge with the Superintendent a complaint against the seafarer, which notice shall, where the Superintendent so requests, be accompanied by a statutory declaration verifying the complaint. (2) The Superintendent shall consider a complaint lodged under subsection (1) as soon as practicable. (Enacted 1995) Cap 478 s 21 Suspension of registration of seafarer prior to disciplinary inquiry (1) The Superintendent shall forthwith suspend a seafarer's registration where the Superintendent has reasonable grounds for believing, whether on a complaint under section 20(1) or otherwise (including any information provided to the Superintendent by any public officer or court), that the seafarer has and, in the case of any of paragraphs (a), (b), (c), (d), (g), (h) and (i), whether in Hong Kong or elsewhere- (a) been convicted of any offence involving the import, export, sale or other dealing in or with, or possession of, any dangerous drug; (b) deserted his ship; (c) neglected, or refused without reasonable cause, to join his ship or to proceed to sea in his ship; (d) been addicted to any dangerous drug or refused treatment for such addiction; (e) been convicted- (i) of an offence against section 71(2); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201) in respect of any matter or transaction, actual or proposed, in which the Office was concerned;(f) after having signed off a ship whilst the ship was outside Hong Kong, refused or failed to accept repatriation to Hong Kong; (g) been convicted of any offence of such a nature as to render it desirable that he be suspended temporarily from employment in ships or should cease to be employed in ships; (h) whilst in employment in ships, been guilty of misconduct of such a serious nature as to render it desirable that he be suspended temporarily from employment in, or should cease to be employed in, ships, whether or not such misconduct constituted an offence, and, if the misconduct did constitute an offence, whether or not the seafarer has been convicted of that offence; (i) without reasonable excuse, failed to comply with any order, direction, requirement or request made, given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer; or (j) after having signed off a ship, refused or failed, without reasonable excuse, to report to the Office within 30 days after- (i) where the ship was in Hong Kong at the time of signing off, such discharge; and (ii) in any other case, his first return to Hong Kong after such discharge.(2) Where a seafarer's registration is suspended under subsection (1), the Superintendent shall, as soon as it is practicable to do so, by notice in writing served on the seafarer, inform him- (a) of the ground on which his registration is so suspended; (b) of the date (being a date not later than 2 months after the service of the notice), time and place at which the seafarer may appear before the Superintendent at the disciplinary inquiry to be held for the purpose of inquiring into the matter for which the seafarer's registration was so suspended; and (c) that if the Superintendent fails to take action under section 28(1) or 29(1) or (3) within 30 days after holding the disciplinary inquiry referred to in paragraph (b) of this subsection, the suspension of the seafarer's registration shall be withdrawn by the Superintendent.(3) Where the Superintendent has suspended under subsection (1) a seafarer's registration, the Superintendent shall- (a) forthwith give notice in writing of that suspension to the seafarer's employer; and (b) if he fails to take action under section 28(1) or 29(1) or (3) within 30 days after holding the disciplinary inquiry referred to in subsection (2)(b), forthwith- (i) withdraw that suspension; and (ii) give notice in writing of that withdrawal of suspension to the seafarer's employer.(4) Subject to subsection (3)(b), a suspension under subsection (1) of a seafarer's registration shall continue in effect until the Superintendent exercises in relation to that seafarer any of the powers conferred under section 28(1) or 29(1) or (3) upon the Superintendent. (Enacted 1995) Cap 478 s 22 Disciplinary inquiry to be held Where a seafarer's registration has been suspended under section 21(1), the Superintendent shall not take action under section 28(1) or 29(1) or (3) in respect of that seafarer unless he has held a disciplinary inquiry into the matter for which that registration was so suspended. (Enacted 1995) Cap 478 s 23 Conduct of disciplinary inquiry (1) Subject to this section and sections 24, 25 and 26, the procedure at a disciplinary inquiry shall be determined by the Superintendent. (2) In conducting a disciplinary inquiry, the Superintendent shall not be bound by the rules relating to admission of evidence in courts of law. (3) The seafarer who is the subject of the disciplinary inquiry may- (a) cross-examine any witness who gives evidence against him; (b) call a witness to give evidence for him; and (c) give evidence and address the Superintendent on his own behalf. (Enacted 1995) Cap 478 s 24 Summons (1) The Superintendent may, in relation to a disciplinary inquiry, by notice in writing served on a person, require- (a) the attendance of the person before the Superintendent; or (b) the production to the Superintendent of documents- (i) specified in the notice which are in the possession or under the control of the person; and (ii) which the Superintendent reasonably believes or suspects contains, or is likely to contain, information relevant to the inquiry.(2) Any person who contravenes a notice served under subsection (1) on him commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Enacted 1995) Cap 478 s 25 Representation (1) The seafarer who is the subject of a disciplinary inquiry may be represented at the inquiry by- (a) a counsel or solicitor; or (b) an agent, including an official of any union of which the seafarer is a member by virtue of being a seafarer.(2) A counsel, solicitor or agent appearing before the Superintendent at a disciplinary inquiry shall have the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the District Court. (Enacted 1995) Cap 478 s 26 Evidence (1) A person appearing before the Superintendent to give evidence at a disciplinary inquiry shall, where required by the Superintendent to give sworn evidence, take an oath. (2) The Superintendent may- (a) administer an oath to a person appearing before him to give evidence at a disciplinary inquiry; and (b) require a person appearing before him to give evidence at a disciplinary inquiry to answer any question.(3) Subject to subsection (4), any person who contravenes subsection (1) or (2)(b) commits an offence and is liable on conviction to a fine at level 2. (4) A witness appearing at a disciplinary inquiry shall have the same liabilities, protection and immunity as a witness has in proceedings before the District Court. (Enacted 1995) Cap 478 s 27 Abandonment of disciplinary inquiry (1) Where at the date, time and place set down for holding a disciplinary inquiry the seafarer the subject of the inquiry does not appear before the Superintendent, the Superintendent may refuse to hold the inquiry and proceed to take action under section 28(1) or 29(1) or (3) against the seafarer as if, for the purposes of those sections and sections 22 and 29(2), the inquiry had been held on that date: Provided that, if the Superintendent fails to take any such action within 30 days after that date, section 21(3)(b) shall apply accordingly. (2) Where at any stage of the proceedings of a disciplinary inquiry the Superintendent is of the opinion that- (a) the evidence brought forward at the inquiry is insufficient, or that there is no evidence; or (b) a person's contravention of a notice served under section 24(1) on him means that there will be insufficient evidence, or no evidence, to justify him to proceed to take action under section 28(1) or 29(1) or (3) against the seafarer the subject of the inquiry,the Superintendent may refuse to continue the inquiry and, if so, shall forthwith withdraw the suspension under section 21(1) of the seafarer's registration. (Enacted 1995) Cap 478 s 28 Removal of seafarer's name from register (1) The Superintendent may, not later than 30 days after holding a disciplinary inquiry in respect of a seafarer whose registration has been suspended under section 21(1), remove the name of the seafarer from the register where the Superintendent is satisfied that the seafarer has and, in the case of any of paragraphs (a), (b), (c), (d), (f), (g) and (h), whether in Hong Kong or elsewher- (a) been convicted of any offence involving the import, export, sale or other dealing in or with, or possession of, any dangerous drug; (b) deserted his ship; (c) neglected, or refused without reasonable cause, to join his ship or to proceed to sea in his ship; (d) been addicted to any dangerous drug or refused treatment for such addiction; (e) been convicted- (i) of an offence against section 71(2); (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201) in respect of any matter or transaction, actual or proposed, in which the Office was concerned;(f) after having signed off a ship whilst the ship was outside Hong Kong, refused or failed, without reasonable excuse, to accept repatriation to Hong Kong; (g) been convicted of any offence of such a nature as to render it desirable that he should cease to be employed in ships; or (h) whilst in employment in ships, been guilty of misconduct of such a serious nature as to render it desirable that he should cease to be employed in ships, whether or not such misconduct constituted an offence, and, if the misconduct did constitute an offence, whether or not the seafarer has been convicted of that offence.(2) The Superintendent may remove from the register the name of a seafarer who has contravened section 10(3) and shall remove from the register the name of a seafarer whose registration has expired under section 10(4). (3) The Superintendent shall remove from the register the name of a seafarer who- (a) dies; or (b) requests the removal of his name from the register.(4) Where, under subsection (1), (2) or (3)(b), a seafarer's name has been removed from the register, the Superintendent shall forthwith serve on- (a) the seafarer, a notice in writing that his name has been so removed from the register, together with a statement of the ground on which it was so removed; and (b) the seafarer's employer, if any, a notice in writing that the seafarer's name has been so removed from the register.(5) Where a seafarer 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 again be registered as a seafarer. (6) Where a seafarer who has had his name removed from the register under subsection (2) makes an application referred to in subsection (5) to again be registered as a seafarer, 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 seafarer 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 again be registered as a seafarer, and the provisions of this Ordinance shall apply accordingly. (Enacted 1995) Cap 478 s 29 Suspension of registration of seafarer after disciplinary inquiry (1) Where, after holding a disciplinary inquiry in respect of a seafarer whose registration has been suspended under section 21(1), it appears to the Superintendent that the seafarer has and, in the case of any of paragraphs (a), (b) and (c), whether in Hong Kong or elsewhere- (a) been convicted of any offence of such a nature as to render it desirable that he be suspended temporarily from employment in ships; (b) whilst in employment in ships, been guilty of misconduct of such a serious nature as to render it desirable that he be suspended temporarily from employment in ships, whether or not such misconduct constituted an offence, and, if the misconduct did constitute an offence, whether or not the seafarer has been convicted of that offence; (c) without reasonable excuse, failed to comply with any order, direction, requirement or request made, given or issued under or for the purposes of this Ordinance by the Superintendent or any other public officer; or (d) after having signed off a ship, refused or failed to report to the Office within 30 days after- (i) where the ship was in Hong Kong at the time of signing off, such discharge; and (ii) in any other case, his first return to Hong Kong after such discharge,the Superintendent may, not later than 30 days after that disciplinary inquiry was so held, suspend the seafarer's registration for any period not exceeding 36 months. (2) The period during which a seafarer'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 seafarer 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 seafarer, instead of exercising the power conferred on him by that subsection, issue the seafarer with a caution in writing to be of good behaviour in the future. (4) Where, under subsection (1), a seafarer's registration has been suspended, the Superintendent shall forthwith serve on- (a) the seafarer, a notice in writing that his registration has been suspended and of the period for which it is suspended, together with a statement of the ground on which it is so suspended; and (b) the seafarer's employer, if any, a notice in writing that the seafarer's registration has been suspended and of the period for which it is so suspended. (Enacted 1995) Cap 478 s 30 Suspension on medical grounds (1) The Superintendent may require any seafarer 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 seafarer 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 seafarer whose name appears in the register, forthwith give notice in writing thereof to the seafarer's employer, if any. (4) The suspension under subsection (2) of a seafarer'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 seafarer whose registration is suspended under this section produces to the Superintendent a certificate referred to in subsection (4), the Superintendent shall forthwith give notice in writing thereof to the employer to whom he gave the notice under subsection (3) in respect of that seafarer. (Enacted 1995) Cap 478 s 31 Appeals (1) Subject to section 28(6), a seafarer- (a) whose name has been removed under section 28(1) or (2) from the register; or (b) whose registration has been suspended under section 29(1),may appeal to the Authority on the grounds specified in subsection (2). (2) The grounds upon which a seafarer may appeal under this section are- (a) in the case of the removal of the name of the seafarer from the register, that he disputes the ground on which his name was so removed; and (b) in the case of the suspension of the seafarer's registration- (i) that he disputes the ground on which his registration was so suspended; (ii) that the period for which his registration was so suspended is excessive; or (iii) both of such grounds.(3) A seafarer 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 seafarer by whom the appeal is made a notice stating the date, time and place at which the appeal will be heard. (Enacted 1995) Cap 478 s 32 Provision where hearing of appeal not commenced within prescribed period (1) Subject to subsection (2), where the hearing of an appeal made under section 31 by a seafarer is not commenced within 3 months after the notice of appeal was delivered in accordance with that section to the Authority and- (a) the appeal is in respect of the removal of the seafarer's name from the register, the Superintendent shall, unless the Authority has previously directed otherwise, forthwith restore the seafarer's name to the register; (b) the appeal is in respect of the suspension of the seafarer's registration and the period of suspension has not then expired, the Superintendent shall, unless the Authority has previously directed otherwise, forthwith withdraw the suspension of the seafarer's registration.(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- (a) caused by failure to serve notice under section 31(4) on the seafarer by whom the appeal is made, despite reasonable attempts to do so; or (b) the result of an adjournment or postponement of the hearing at the request of or due in any way to the seafarer by whom the appeal is made,the Authority may extend, and may further extend, the period within which the hearing shall be commenced for such period as he thinks fit. (Enacted 1995) Cap 478 s 33 Hearing of appeal in absence of appellant Where at the date, time and place set down for the hearing of an appeal made under section 31 the seafarer by whom the appeal is made does not appear before the Appeals Board, the Appeals Board may proceed with the hearing where it is satisfied that - (a) the notice required under section 31(4) has been served on the seafarer; and (b) the seafarer, or counsel or a solicitor or agent representing the seafarer at the hearing, has provided no good reason for the seafarer's absence,but, where the Appeals Board is not so satisfied, it may adjourn, or re-adjourn, the hearing of the appeal. (Enacted 1995) Cap 478 s 34 Practice and procedure upon hearing of appeal (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 seafarer on the ground that the period for which his registration was suspended is excessive shall be such as the Appeals Board thinks fit. (2) The practice and procedure on the hearing by the Appeals Board of an appeal made under section 31 by a seafarer 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- (a) the burden of proof shall be on the Superintendent; (b) the Superintendent may address the Appeals Board and adduce evidence in support of his case; (c) the seafarer shall be entitled to put questions to any witness called by the Superintendent; (d) where all the evidence that the Superintendent wishes to adduce has been adduced, the seafarer may give evidence himself and adduce other evidence in support of his case and may then address the Appeals Board; (e) the Superintendent shall be entitled to put questions to the seafarer if he gives evidence and to any witness called by the seafarer; and (f) the Appeals Board may call any witness whom it considers necessary, but the Superintendent and the seafarer shall be entitled to put questions to any such witness and, where any such witness is called after the seafarer has addressed the Appeals Board pursuant to paragraph (d) the seafarer shall be entitled to address the Appeals Board again on any matter arising from the evidence given by such witness.(3) On the hearing of an appeal made under section 31 by a seafarer, the seafarer may be represented by a counsel or solicitor or an agent (including an official of any union of which the seafarer is a member by virtue of being a seafarer) and the Superintendent may be represented by a legal officer. (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- (a) if, at the time, the person by whom the deposition was made is not, or cannot be found, in Hong Kong; and (b) if the deposition is authenticated by the signature of the magistrate or other person, or of the accredited consular officer, before whom it was made.(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- (a) the Superintendent; (b) an accredited consular officer; (c) a port authority; (d) a notary public; or (e) a commissioner for oaths,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. (Enacted 1995) Cap 478 s 35 Majority decision The decision of the Appeals Board on an appeal made under section 31 shall be that of the majority of the members except that, in the event of an equality of votes, the chairman of the Appeals Board shall have a casting as well as a deliberative vote. (Enacted 1995) Cap 478 s 36 Determination of appeal (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- (a) restore to the register the name of the seafarer by whom the appeal is made; or (b) withdraw the suspension of the registration of the seafarer by whom the appeal is made,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 seafarer- (a) direct that the seafarer's name be restored to the register but that his registration be suspended for a period not exceeding 36 months; (b) direct that the seafarer's registration be suspended for such shorter period, or for such longer period, not exceeding 36 months, as it thinks fit; or (c) direct the Superintendent to restore the name of the seafarer to the register, or withdraw the suspension of the seafarer's registration, and serve the seafarer with a caution in writing to be of good behaviour in the future. (Enacted 1995) Cap 478 s 37 Seafarer, etc. to be given notice of decision of Appeals Board (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 seafarer by whom the appeal was made of- (a) that decision; and (b) the findings of facts, and evidence in support thereof, by the Appeals Board in coming to that decision.(2) Where pursuant to a direction given under section 36(2) the Superintendent restores the name of a seafarer to the register or withdraws the suspension of registration of a seafarer, he shall forthwith give notice in writing thereof to the seafarer's employer, if any. (3) Where under section 36(3) the Appeals Board directs that a seafarer's registration be suspended for a shorter period, the Superintendent shall give notice in writing of that decision to the seafarer's employer, if any. (Enacted 1995) Cap 478 s 38 Appeal to judge of District Court on point of law (1) Where a seafarer 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. (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- (a) allow the appeal and give such directions in the matter as he thinks fit; or (b) remit the matter to the Appeals Board for determination in accordance with the judge's decision on the 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. (Enacted 1995) Cap 478 s 39 Notice to employer of result of appeal Where- (a) by reason of a successful appeal under section 38; or (b) pursuant to the directions of a judge on an appeal under section 38,the Superintendent- (i) restores the name of a seafarer to the register; or (ii) withdraws the suspension of the registration of a seafarer,the Superintendent shall, as soon as practicable after taking that action, give notice in writing thereof to the seafarer's employer, if any. (Enacted 1995) Cap 478 s 40 Control of listing, supply and employment of registered seafarers PART VI CONTROL OF THE SUPPLY, SELECTION, EMPLOYMENT AND DISCHARGE OF REGISTERED SEAFARERS (1) Except as provided by section 46 or 48(1), or subsection (6), or with the permission of the Superintendent, no person shall- (a) list for prospective employment in a ship any registered seafarer; or (b) supply for employment in a ship any registered seafarer other than a registered seafarer supplied in accordance with this Ordinance by a permitted company,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 company and upon payment of the prescribed fee, shall supply for employment in a ship any registered seafarer. (3) No person shall accept or receive for employment in a ship any registered seafarer 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 seafarer 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 seafarer who, having joined the ship, has been supplied for employment or employed otherwise than at or through the Office, other than- (a) a registered seafarer who has been supplied for employment or employed pursuant to and in accordance with subsection (6); (b) a registered seafarer who has been re-employed under and in accordance with section 48; or (c) a registered seafarer who has been supplied for employment in accordance with this Ordinance by a permitted company.(6) Where there is an emergency, a registered seafarer 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- (a) no suitable, registered seafarer listed with the crew department of a permitted company is available for employment and no registered seafarer can be supplied by the Office for employment as provided in subsection (1); (b) the Office is closed at the time the registered seafarer comes to be supplied for employment or accepted for employment or employed; or (c) the ship would be delayed if the supply for employment or acceptance for employment or employment of the registered seafarer were postponed until the time when registered seafarers could next be supplied for employment or employed at or through the Office.(7) Any person who contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction- (a) in the case of an individual, to a fine at level 4 and to imprisonment for 2 years; and (b) in the case of a body corporate, to a fine at level 5.(8) Where there is a contrave