Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 17

Inquiry into fitness or conduct of holder of local certificate of competency

(Past version on 02/01/2007).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) Where it appears to the Director that the holder of a local 
certificate of competency-

   (a)  is unfit to discharge his duties, whether by reason of incompetence or
        misconduct or for any other reason; or

   (b)  has been seriously negligent in the discharge of his duties, the
        Director may cause an inquiry to be held and may, if he thinks fit,
        suspend, pending the outcome of the inquiry, the certificate and
        require the holder to deliver it to him.

(2) Where an inquiry is to be held under this section-

   (a)  the inquiry shall be-

        (i)    held by one or more persons appointed by the Chief Justice; and

        (ii)   conducted in accordance with rules made under section 20

(which rules shall require the persons holding the inquiry to hold it with the
assistance of one or more assessors); and

(b) the persons holding the inquiry shall for the purpose of the inquiry have
the powers given by section 18(1).

(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 Secretary for Transport and
Housing either generally from time to time or specifically in any particular
case: (Amended L.N. 106 of 2002; L.N. 130 of 2007) 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 the holder of a local certificate of competency-

   (a)  may, if satisfied of any of the matters specified in subsection

(1)(a) or (b), cancel or suspend the certificate or censure him;

   (b)  may make such order with regard to the costs of the inquiry or any
        part thereof (including witnesses' costs) as they think just, and such
        order shall be enforced by them in the same way as an order for costs
        under the Magistrates Ordinance ( Cap 227); and

   (c)  shall make a report on the case to the Director, and, if the
        certificate is cancelled or suspended, the holder, unless he has
        delivered it to the Director pursuant to subsection (1), shall deliver
        it forthwith to the persons holding the inquiry or to the Director.

(5) Any costs which a person is ordered to pay under subsection

(4)(b) may be recovered from him by the Director.