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

57. Permitted body may supply registered persons for employment in certain ships only
A permitted body may only supply registered persons for employment—
(a) if the body is a company, in ships that it owns, manages or charters; or
(b) if the body is a seafarers’ organization, in Hong Kong ships.
(Replaced 16 of 2013 s. 38)

58. Changes in staff of permitted crew department to be notified to Superintendent
(1) Where—
(a) any person in relation to whom particulars were not supplied to the Superintendent, in accordance with section 53(1)(b), at the time of the application for the grant of a permit commences to be employed in a permitted crew department; or
(b) any person in relation to whom particulars were supplied to the Superintendent, in accordance with section 53(1)(b), at the time of the application for the grant of a permit ceases to be employed in the permitted crew department,
the permitted body shall give notice in writing of the commencement or cessation of employment to the Superintendent without delay and, where such notice is given in relation to a person referred to in paragraph (a), the body shall supply to the Superintendent such particulars in relation to that person as the Superintendent requires on receipt of such notice.
(2) A notice under subsection (1) shall be signed by the person in charge of the permitted crew department.
(3) Any permitted body which contravenes subsection (1) or any person in charge of a permitted crew department who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.
(Amended 16 of 2013 s. 39)

59. Display of names of crew department staff
(1) A permitted body shall cause the names of the members of the staff of its permitted crew department to be displayed in the English and Chinese languages in a conspicuous position in the place where such members are discharging their duties.
(2) Any permitted body which contravenes this section commits an offence and is liable on conviction to a fine at level 2.
(Amended 16 of 2013 s. 2)

60. Appeal against certain decisions of Superintendent
(1) A company or seafarers’ organization may appeal to the Administrative Appeals Board if it is aggrieved by a decision of the Superintendent—
(a) to refuse to grant it a permit;
(b) to impose a condition on it under section 52(3); or
(c) to cancel its permit under section 56(1).
(2) The company or seafarers’ organization must lodge the appeal within 28 days after receiving notice of the decision.
(Replaced 16 of 2013 s. 40)

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

61. Permitted crew department records
(1) A permitted body shall keep in its permitted crew department, in such form and manner as the Superintendent approves, a record containing the names of all registered persons whose names for the time being appear in the register in respect of the permitted body.
(2) A permitted body shall not enter the name of a registered person in the crew department record kept in its permitted crew department unless his name appears in the register in respect of the permitted body and his employment registration book is endorsed accordingly.
(3) If a permitted body receives a notice from a registered person that the person wishes to have the person’s name removed from the crew department record kept in its permitted crew department, the body must so remove the person’s name. (Replaced 16 of 2013 s. 41)
(4) A permitted body may at any time remove the name of a registered person from the crew department record kept in the permitted crew department maintained by the body where— (Amended 16 of 2013 s. 41)
(a) the person has received 4 or more adverse reports from masters of ships on which the person has been employed, or employers by whom the person has been employed as a seafarer, in the 3 years immediately preceding such removal; or
(b) there are grounds, other than the ground specified in paragraph (a), acceptable to the Superintendent for such removal.
(5) Where, under subsection (3) or (4), the name of a registered person is removed from the crew department record, the permitted body concerned shall give notice of the removal to the Superintendent without delay, together with a statement of the ground on which it was removed.
(6) Where the Superintendent has given notice in writing to a permitted body under section 28(4)(b), 29(4)(b) or 30(3) that the name of a person recorded by it in the permitted crew department maintained by the body has been removed or suspended from the register, the body shall, without delay, remove the name of the person from the crew department record kept in the permitted crew department.
(7) Any permitted body which contravenes subsection (1), (2), (5) or (6) commits an offence and is liable on conviction to a fine at level 2.
(Amended 16 of 2013 s. 41)

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

62. Superintendent may require registered person’s name to be restored to crew department record
(Amended 16 of 2013 s. 2)(1) Where the Superintendent, after such inquiry as he thinks fit, considers that the name of a registered person was removed under section 61(4) from the crew department record without any or any sufficient cause, the permitted body concerned shall, if so required by the Superintendent, restore the name of the person to the crew department record.
(2) A decision of the Superintendent under subsection (1) shall be final.
(3) Any permitted body which contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2.
(Amended 16 of 2013 s. 2)

63. Restriction on supply of registered persons by permitted body
(Amended 16 of 2013 s. 2)(1) Subject to subsection (3), a registered person shall not be supplied by a permitted body for employment in a ship unless his name appears in the crew department record kept in the permitted crew department maintained by the body.
(2) After the Superintendent has given notice in writing to a permitted body under section 21(3)(a), 29(4)(b) or 30(3) that the registration of a person recorded by it in the crew department maintained by the body has been suspended or suspended for a further period, as the case may be, the permitted crew department maintained by the body shall not supply that person for employment in a ship while his registration continues to be suspended.
(3) Where, in any case of emergency—
(a) a suitable registered person whose name appears in the crew department record kept in the permitted crew department is not available;
(b) the Office is closed at the time the registered person comes to be supplied; or
(c) the ship would be delayed if the supply or employment of the registered person were postponed until the time when registered persons may next be supplied or employed at or through the Office,
a permitted body may, notwithstanding that the name of the person does not appear in the crew department record kept in the permitted crew department maintained by the body, supply for employment in a sea-going or coastal-going ship a registered person who has been employed other than at or through the Office if the name of the person appears in Part I or Part II, as the case may be, of the register and whose registration is not for the time being suspended under this Ordinance, and any person who in any such case employs such person or supplies him to the body shall not thereby contravene section 40(1) or (2), as the case may be. (Amended 23 of 1998 s. 2)
(Amended 16 of 2013 s. 2)