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

15. Power of Authority to direct that name of person be restored to register
(Amended 16 of 2013 s. 2)(1) At any time after the expiration of 5 years after the day on which—
(a) the name of a person is removed under this Ordinance from the register; or
(b) the Appeals Board confirms under section 36(1) the removal of that name from the register,
whichever is the later, the person may make an application to the Authority for a direction that his name be restored to the register.
(2) Subject to subsection (3), where the Authority receives an application under subsection (1) from a person for his name to be restored to the register, the Authority may, after consultation with the Advisory Board— (Amended 16 of 2013 s. 2)
(a) direct the Superintendent to restore the name of the person to the register; or
(b) refuse the application.
(3) Where—
(a) a person has had his name removed from the register on a ground referred to in section 28(1)(b), (c) or (h);
(b) the person has made an application under subsection (1) for his name to be restored to the register; and
(c) pursuant to that application, the Authority has under subsection (2)(a) directed the Superintendent to restore the name of the person to the register,
the Superintendent shall not restore the name of the person to the register unless and until the Superintendent has received from the person a signed letter of undertaking that the person will be of good behaviour in the future.
(Amended 16 of 2013 s. 2)

16. Employment registration book
(Amended 16 of 2013 s. 14)Each registered person shall hold an employment registration book.
(Amended 16 of 2013 s. 14)

17. Regulations in relation to employment registration books
The Secretary for Transport and Logistics may make regulations for all or any of the following matters— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) the issue of employment registration books in such form and containing such particulars with respect to their holders and such other particulars, if any, as are specified in the regulations, and requiring registered persons to apply for employment registration books; (Amended 16 of 2013 s. 15)
(b) requiring the holders of employment registration books to produce them to such persons and in such circumstances as are specified in the regulations; and
(c) the surrender of employment registration books in such circumstances as are specified in the regulations.

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

18. Establishment of Seafarers’ Appeals Board
(1) For the purposes of this Ordinance, there is hereby established a board to be known as the “Seafarers’ Appeals Board”. (Amended E.R. 5 of 2021)
(2) The Chief Executive may appoint—
(a) such persons representative of seafarers’ organizations as he thinks fit to be members of a panel; and
(b) such persons representative of employers’ organizations as he thinks fit to be members of a panel,
which persons may be appointed under section 19(1)(c) to be members of the Appeals Board.
(3) Any person appointed under subsection (2) to be a member of a panel may at any time resign his appointment by notice in writing signed by him and delivered to the Secretary for Transport and Logistics, and the Chief Executive may at any time and for any reason terminate the appointment of any person as a member of a panel. (Amended L.N. 362 of 1997; L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)
(Amended 64 of 1999 s. 3)

19. Members of Seafarers’ Appeals Board
(1) The Appeals Board shall consist of—
(a) the Authority, the Deputy Director of Marine or an Assistant Director of Marine appointed by the Authority, who shall be the chairman;
(b) a legal officer appointed by the Secretary for Justice; and
(c) 4 other members appointed by the Secretary for Transport and Logistics, of which— (Amended L.N. 125 of 2004; L.N. 130 of 2007; L.N. 144 of 2022)
(i) 2 shall be drawn from the members of the panel referred to in section 18(2)(a); and
(ii) 2 shall be drawn from the members of the panel referred to in section 18(2)(b). (Amended L.N. 362 of 1997)
(2) The Superintendent shall not be a member of the Appeals Board.
(3) The quorum at any meeting of the Appeals Board shall be the chairman and 2 other members except that any quorum shall have—
(a) not less than 1 member representative of seafarers’ organizations;
(b) not less than 1 member representative of employers’ organizations; and
(c) the same number of members representative of seafarers’ organizations as the number of members representative of employers’ organizations.

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

20. Complaint against seafarer
(1) The employer of a seafarer whose name is entered in the register or the master of the ship in which the seafarer is employed may, by notice in writing, lodge with the Superintendent a complaint against the seafarer, which notice shall, where the Superintendent so requests, be accompanied by a statutory declaration verifying the complaint. (Amended 16 of 2013 s. 17)
(2) The Superintendent shall consider a complaint lodged under subsection (1) as soon as practicable.

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

22. Disciplinary inquiry to be held
Where a person’s registration has been suspended under section 21(1), the Superintendent shall not take action under section 28(1) or 29(1) or (3) in respect of that person unless he has held a disciplinary inquiry into the matter for which that registration was so suspended.
(Amended 16 of 2013 s. 2)

23. Conduct of disciplinary inquiry
(1) Subject to this section and sections 24, 25 and 26, the procedure at a disciplinary inquiry shall be determined by the Superintendent.
(2) In conducting a disciplinary inquiry, the Superintendent shall not be bound by the rules relating to admission of evidence in courts of law.
(3) The registered person who is the subject of the disciplinary inquiry may— (Amended 16 of 2013 s. 2)
(a) cross-examine any witness who gives evidence against him;
(b) call a witness to give evidence for him; and
(c) give evidence and address the Superintendent on his own behalf.

24. Summons
(1) The Superintendent may, in relation to a disciplinary inquiry, by notice in writing served on a person, require—
(a) the attendance of the person before the Superintendent; or
(b) the production to the Superintendent of documents—
(i) specified in the notice which are in the possession or under the control of the person; and
(ii) which the Superintendent reasonably believes or suspects contains, or is likely to contain, information relevant to the inquiry.
(2) Any person who contravenes a notice served under subsection (1) on him commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

25. Representation
(1) The registered person who is the subject of a disciplinary inquiry may be represented at the inquiry by— (Amended 16 of 2013 s. 19)
(a) a counsel or solicitor; or
(b) an agent, including an official of any union of which the person is a member by being a seafarer or being desirous to be employed as a seafarer. (Amended 16 of 2013 s. 19)
(2) A counsel, solicitor or agent appearing before the Superintendent at a disciplinary inquiry shall have the same liabilities, protection and immunity as a legal practitioner has in appearing for a party in proceedings before the District Court.