Hong Kong Regulations

MERCHANT SHIPPING (SEAFARERS) (CERTIFICATION OF OFFICERS) REGULATION - SECT 17

Offences and penalties

Caution: This is a past version. See the current version here.

PART IX

MISCELLANEOUS

(1) Any person who, in connection with an application for or the issue of a
certificate of competency or in connection with the endorsement, or extension
of the validity, of a certificate of competency or certificate of service-

   (a)  makes a false pretence; or

   (b)  supplies false information, knowing it to be false or not believing it
        to be true commits an offence and is liable on conviction to a fine at
        level 5 and to imprisonment for 2 years.

(2) Any person who-

   (a)  permits any other person to use a certificate of competency or of
        service to which that other person is not entitled; or

   (b)  falsely pretends to be entitled to a certificate of competency or of
        service, commits an offence and is liable on conviction to a fine at
        level 5 and to imprisonment for 2 years.

(3) Where any person is convicted of an offence under subsection

(1) or (2) or of a conspiracy to commit such an offence or of a conspiracy to
defraud in relation to a certificate of competency or a certificate of
service, the Authority may cancel, or suspend for any period, the certificate
of competency or certificate of service held by such person.

(4) The owner or the master of any ship who authorizes or permits the ship to
proceed to sea in contravention of section 13, as read with any determinations
made by the Authority under section 15, whether or not the ship so proceeds,
commits an offence and is liable-

   (a)  on conviction upon indictment, to a fine at level 6 and to
        imprisonment for 2 years; or

   (b)  on summary conviction, to a fine at level 3 and to imprisonment for 2
        years.

(5) Any person who contravenes section 16 commits an offence and is liable-

   (a)  on conviction upon indictment, to a fine at level 6 and to
        imprisonment for 2 years; or

   (b)  on summary conviction, to a fine at level 3 and to imprisonment for 2
        years. (Enacted 1995)