但如總監在該日期之後的30日內沒有採取上述任何行動,則第21(3) (b)條須據此適用。
" 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) 如總監在紀律研訊程序的任何階段認為─
(2) Where at any stage of the proceedings of a disciplinary inquiry the Superintendent is of the opinion that-
(a) 在該研訊中所提出的證據不足,或完全沒有證據;或
" (a) the evidence brought forward at the inquiry is insufficient, or that there is no evidence; or"
(b) 有人違反根據第24(1)條送達予他的通知書的規定,因而將會造成 證據不足或完全沒有證據情況,以致總監沒有充分理由進而根據第28(1) 或29(1)或(3)條對身為查訊對象的海員採取行動,
" (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,"
總監可拒絕繼續進行研訊,如他這樣做的話,他須隨即撤回他根據第 21(1)條對該海員的註冊的暫時吊銷。
" 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."
(1) 如某海員的註冊根據第21(1)條被暫時吊銷,在就該海員進行紀律 研訊後的30日內,如總監信納該海員有以下情況(就(a)、(b)、(c)、(d) 、(f)、(g)及(h)段其中任何一段而言,則指不論在香港或其他地方有以 下情況),總監可將該海員從註冊紀錄冊除名─
" (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) 被裁定犯了任何涉及輸入、輸出、售賣、管有或以其他方式處理 危險藥物,或涉及其他危險藥物交易的罪行;
" (a) been convicted of any offence involving the import, export, sale or other dealing in or with, or possession of, any dangerous drug;"
(ii) 違反《防止賄賂條例》(第201章)第Ⅱ部的罪行,而該罪行所關 乎的事情、實際交易或擬進行的交易是涉及海管處的;
" (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) 於船舶在香港以外的地方時解約離船後,拒絕或沒有接受遣返香 港的安排,而無合理辯解;
" (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;"
(h) 於受僱在船舶上工作期間,犯有不當行為,而行為的性質嚴重至 不論它是否構成罪行(而如構成罪行,則不論該海員有否被裁定犯了該罪 行),均應終止該海員在船舶上的僱用。
" (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) 總監可將違反第10(3)條的海員從註冊紀錄冊除名,並須將其註冊 根據第10(4)條屆滿的海員從註冊紀錄冊除名。
(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) 總監須將以下海員從註冊紀錄冊除名─
(3) The Superintendent shall remove from the register the name of a seafarer who-
(b) 自己要求從註冊紀錄冊除名的海員。
(b) requests the removal of his name from the register.
(4) 凡有海員根據第(1)、(2)或(3)(b)款從註冊紀錄冊除名,總監須 隨即─
" (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) 向該海員送達書面通知,告知已將他從註冊紀錄冊除名,並附上 一項說明將他除名的理由的陳述;及
" (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) 向該海員的僱主(如有的話)送達書面通知,告知已將該海員從註 冊紀錄冊除名。
" (b) the seafarer's employer, if any, a notice in writing that the seafarer's name has been so removed from the register."
(5) 凡有海員根據第(2)款從註冊紀錄冊除名,在總監的除名決定通知 書根據第(4)(a)款送達予他後的1個月內,或在總監就個別情況容許延長 的期間(如有的話)內,該海員可根據第Ⅲ部申請重新註冊為海員。
" (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) 根據第(2)款從註冊紀錄冊被除名的海員,如提出第(5)款所提述 的申請,以重新註冊為海員,便不得根據第31條就總監所作的如此除名的 決定提出上訴;如他提出這樣的上訴,則不論是在該申請之前或之後提出 ,均屬無效,而且該上訴為所有用意及目的均須當作從未提出過。
" (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) 凡有海員根據第(3)(b)款從註冊紀錄冊除名,他可在除名通知書 根據第(4)(a)款送達予他後的6個月屆滿後,根據第Ⅲ部申請重新註冊為 海員,而本條例的條文須據此適用。
" (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."
(1) 總監對根據第21(1)條被暫時吊銷註冊的海員進行紀律研訊後,如 覺得該海員有以下情況(就(a)、(b)及(c)段其中任何一段而言,則指不論 在香港或其他地方有以下情況)─
" (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-"
(b) 於受僱在船舶上工作期間,犯有不當行為,而行為的性質嚴重至 不論它是否構成罪行(而如構成罪行,則不論該海員有否被裁定犯了該罪 行),均應暫停該海員在船舶上的僱用;
" (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) 不遵從總監或其他公職人員根據本條例或為本條例的施行所作出 或發出的命令、指示、規定或要求,而無合理辯解;或
" (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) 在解約離船後,拒絕或沒有在以下時間後的30日內向海管處報到 ─
" (d) after having signed off a ship, refused or failed to report to the Office within 30 days after-"
(i) (如船舶在他解約離船時在香港)他解約之時;
" (i) where the ship was in Hong Kong at the time of signing off, such discharge; and"