||Title:||MERCHANT SHIPPING (SEAFARERS) ORDINANCE||Gazette Number:|
|Section:||28||Heading:||Removal of seafarer's name from register||Version Date:||30/06/1997|
(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-
(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).
(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);
(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;
(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;
(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.
(3) The Superintendent shall remove from the register the name of a seafarer who-
(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) dies; or
(b) requests the removal of his name 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.
(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.
(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.