Hong Kong Ordinances

MERCHANT SHIPPING (SEAFARERS) ORDINANCE - SECT 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)