### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

26. Evidence
(1) A person appearing before the Superintendent to give evidence at a disciplinary inquiry shall, where required by the Superintendent to give sworn evidence, take an oath.
(2) The Superintendent may—
(a) administer an oath to a person appearing before him to give evidence at a disciplinary inquiry; and
(b) require a person appearing before him to give evidence at a disciplinary inquiry to answer any question.
(3) Subject to subsection (4), any person who contravenes subsection (1) or (2)(b) commits an offence and is liable on conviction to a fine at level 2.
(4) A witness appearing at a disciplinary inquiry shall have the same liabilities, protection and immunity as a witness has in proceedings before the District Court.

27. Abandonment of disciplinary inquiry
(1) Where at the date, time and place set down for holding a disciplinary inquiry, the registered person who is the subject of the inquiry does not appear before the Superintendent, the Superintendent may refuse to hold the inquiry and proceed to take action under section 28(1) or 29(1) or (3) against the person as if, for the purposes of those sections and sections 22 and 29(2), the inquiry had been held on that date. (Amended 16 of 2013 s. 20)
(2) If the Superintendent refuses to hold a disciplinary inquiry under subsection (1), but fails to take any action permitted by that subsection against the registered person within 30 days after the date set down for holding the inquiry, the Superintendent must, without delay—
(a) withdraw the suspension under section 21(1) of the person’s registration; and
(b) if the person is employed as a seafarer, give notice in writing of the withdrawal to the person’s employer. (Replaced 16 of 2013 s. 20)
(3) If at any stage of the proceedings of a disciplinary inquiry, the Superintendent is of the opinion that there is insufficient evidence, or no evidence, to justify the Superintendent taking the action under section 28(1) or 29(1) or (3) against the registered person, the Superintendent—
(a) may refuse to continue the inquiry; and
(b) after so refusing, must withdraw the suspension under section 21(1) of the person’s registration without delay. (Added 16 of 2013 s. 20)

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

29. Suspension of registration after disciplinary inquiry
(Amended 16 of 2013 s. 22)(1) Where, after holding a disciplinary inquiry in respect of a person whose registration has been suspended under section 21(1), it appears to the Superintendent that the person has and, in the case of any of paragraphs (a), (b) and (c), whether in Hong Kong or elsewhere— (Amended 16 of 2013 s. 22)
(a) been convicted of any offence of such a nature as to render it desirable that he be suspended temporarily from employment in ships;
(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 person has been convicted of that offence;
(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) after having signed off a ship, refused or failed 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,
the Superintendent may, not later than 30 days after that disciplinary inquiry was so held, suspend the person’s registration for any period not exceeding 36 months.
(2) The period during which a person’s registration is suspended under subsection (1) shall begin to run from and including the day on which the disciplinary inquiry in respect of that person was first held.
(3) Notwithstanding subsection (1), the Superintendent may, not later than 30 days after a disciplinary inquiry referred to in that subsection has been held in respect of a person, instead of exercising the power conferred on him by that subsection, issue the person with a caution in writing to be of good behaviour in the future.
(4) Where, under subsection (1), a person’s registration has been suspended, the Superintendent shall, without delay— (Amended 16 of 2013 s. 22)
(a) serve on the person a notice in writing that his registration has been suspended and of the period for which it is suspended, together with a statement of the ground on which it is so suspended; and
(b) if the person is employed as a seafarer, serve on the person’s employer a notice in writing that the person’s registration has been suspended and of the period for which it is so suspended.
(Amended 16 of 2013 s. 22)

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

30. Suspension on medical grounds
(1) The Superintendent may require any person whose name appears on the register, and whose registration is not for the time being suspended for any other reason, to undergo, within a specified period, such medical examinations (including medical examinations as to mental health) as to his fitness for employment in ships as the Authority may, after consultation with the Advisory Board, specify in general directions to the Superintendent.
(2) The Superintendent may suspend the registration of any person who, having been required under subsection (1) to undergo a medical examination, fails to pass such examination within the period specified.
(3) The Superintendent shall, where he has suspended under subsection (2) the registration of a person who is employed as a seafarer, give notice in writing of the suspension to the person’s employer without delay.
(4) The suspension under subsection (2) of a person’s registration shall continue in effect until he produces to the Superintendent the certificate of a medical practitioner stating that he is fit for employment in ships.
(5) Where a person whose registration is suspended under this section produces to the Superintendent a certificate referred to in subsection (4), the Superintendent shall, without delay, give notice in writing of the certificate to the employer to whom he gave the notice under subsection (3) in respect of that person.
(Amended 16 of 2013 s. 23)

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

31. Appeals
(1) Subject to section 28(6), a person— (Amended 16 of 2013 s. 2)
(a) whose name has been removed under section 28(1) or (2) from the register; or
(b) whose registration has been suspended under section 29(1),
may appeal to the Authority on the grounds specified in subsection (2).
(2) The grounds upon which a person may appeal under this section are— (Amended 16 of 2013 s. 2)
(a) in the case of the removal of the name of the person from the register, that he disputes the ground on which his name was so removed; and
(b) in the case of the suspension of the person’s registration— (Amended 16 of 2013 s. 2)
(i) that he disputes the ground on which his registration was so suspended;
(ii) that the period for which his registration was so suspended is excessive; or
(iii) both of such grounds.
(3) A person may make an appeal under this section by delivering to the Authority, not later than 30 days after notice of the Superintendent’s decision was served under section 28(4)(a) or 29(4)(a) on him, or within such further period, if any, as the Authority may allow in any particular case, a notice in writing setting forth the ground or grounds of appeal.
(4) The Authority shall refer every appeal made under this section to the Appeals Board and shall serve on the person by whom the appeal is made a notice stating the date, time and place at which the appeal will be heard.
(Amended 16 of 2013 s. 2)