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

32. Provision where hearing of appeal not commenced within prescribed period
(1) Subject to subsection (2), where the hearing of an appeal made under section 31 by a person is not commenced within 3 months after the notice of appeal was delivered in accordance with that section to the Authority and— (Amended 16 of 2013 s. 24)
(a) the appeal is in respect of the removal of the person’s name from the register, the Superintendent shall, unless the Authority has previously directed otherwise, restore the person’s name to the register without delay;
(b) the appeal is in respect of the suspension of the person’s registration and the period of suspension has not then expired, the Superintendent shall, unless the Authority has previously directed otherwise, withdraw the suspension of the person’s registration without delay.
(2) Where the hearing of an appeal made under section 31 is not commenced within the period specified in subsection (1) and the Authority is satisfied that the failure to commence the hearing within that period was—
(a) caused by failure to serve notice under section 31(4) on the person by whom the appeal is made, despite reasonable attempts to do so; or
(b) the result of an adjournment or postponement of the hearing at the request of or due in any way to the person by whom the appeal is made,
the Authority may extend, and may further extend, the period within which the hearing shall be commenced for such period as he thinks fit.
(Amended 16 of 2013 s. 24)

33. Hearing of appeal in absence of appellant
Where at the date, time and place set down for the hearing of an appeal made under section 31 the person by whom the appeal is made does not appear before the Appeals Board, the Appeals Board may proceed with the hearing where it is satisfied that— (Amended 16 of 2013 s. 2)
(a) the notice required under section 31(4) has been served on the person; and
(b) the person, or counsel or a solicitor or agent representing the person at the hearing, has provided no good reason for the person’s absence,
but, where the Appeals Board is not so satisfied, it may adjourn, or re-adjourn, the hearing of the appeal.
(Amended 16 of 2013 s. 2)

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

35. Majority decision
The decision of the Appeals Board on an appeal made under section 31 shall be that of the majority of the members except that, in the event of an equality of votes, the chairman of the Appeals Board shall have a casting as well as a deliberative vote.

36. Determination of appeal
(1) Subject to subsection (3), where, on hearing of an appeal made under section 31, the Appeals Board by majority vote affirms the Superintendent’s decision the subject of the appeal, the Appeals Board shall dismiss that appeal.
(2) Where, on the hearing of an appeal made under section 31, the Appeals Board by majority vote does not affirm the decision of the Superintendent the subject of the appeal, the Appeals Board shall direct the Superintendent to—
(a) restore to the register the name of the person by whom the appeal is made; or
(b) withdraw the suspension of the registration of the person by whom the appeal is made,
as the case requires.
(3) The Appeals Board may, by majority vote, instead of affirming the decision of the Superintendent the subject of an appeal made under section 31 by a person— (Amended 16 of 2013 s. 2)
(a) direct that the person’s name be restored to the register but that his registration be suspended for a period not exceeding 36 months;
(b) direct that the person’s registration be suspended for such shorter period, or for such longer period, not exceeding 36 months, as it thinks fit; or
(c) direct the Superintendent to restore the name of the person to the register, or withdraw the suspension of the person’s registration, and serve the person with a caution in writing to be of good behaviour in the future.
(Amended 16 of 2013 s. 2)

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

37. Notice of decision of Appeals Board
(Amended 16 of 2013 s. 26)(1) The Authority shall, as soon as practicable after a decision has been made under section 36 in respect of an appeal made under section 31, notify in writing the person by whom the appeal was made of— (Amended 16 of 2013 s. 26)
(a) that decision; and
(b) the findings of facts, and evidence in support of the findings, relied on by the Appeals Board in coming to that decision. (Amended 16 of 2013 s. 26)
(2) If the Superintendent restores the name of a person to the register or withdraws the suspension of registration of a person in accordance with a direction given under section 36(2), the Superintendent must, if the person is employed as a seafarer, give notice in writing of the restoration or withdrawal to the person’s employer as soon as practicable. (Replaced 16 of 2013 s. 26)
(3) If the Appeals Board directs that a person’s registration be suspended for a shorter period under section 36(3), the Superintendent must, if the person is employed as a seafarer, give notice in writing of that direction to the person’s employer as soon as practicable. (Replaced 16 of 2013 s. 26)

38. Appeal to judge of District Court on point of law
(1) Where a person whose appeal is referred under section 31(4) to the Appeals Board is dissatisfied in point of law with a decision of the Appeals Board on the appeal, he may, not later than 30 days after the notification under section 37(1) is served on him, appeal to a judge of the District Court. (Amended 16 of 2013 s. 2)
(2) A judge of the District Court hearing an appeal under subsection (1) may, where he is of the opinion that the decision of the Appeals Board to which that appeal relates was erroneous in point of law—
(a) allow the appeal and give such directions in the matter as he thinks fit; or
(b) remit the matter to the Appeals Board for determination in accordance with the judge’s decision on the point of law.
(3) The Chief Justice may make rules providing for the practice and procedure on any appeal under subsection (1).
(4) Subject to any rules made under subsection (3), the practice and procedure on an appeal under subsection (1) shall be such as the judge hearing it determines.

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

39. Notice to employer of result of appeal
(1) This section applies if, by reason of an appeal under section 38 by a person employed as a seafarer, the Superintendent—
(a) restores the name of the person to the register; or
(b) withdraws the suspension of registration of the person.
(2) The Superintendent must give notice in writing of the restoration or withdrawal to the person’s employer as soon as practicable.
(Replaced 16 of 2013 s. 27)