2600224 C.S. 84
RESTRICTED
For discussion
on 5th December 1972
XCR(72)243 Copy No...!...
MEMORANDUM FOR EXECUTIVE COUNCIL
MERCHANT SHIPPING (RECRUITING OF SEAMEN)
(AMENDMENT) BILL 1972
Annexed for the consideration of Honourable Members
is the Merchant Shipping (Recruitment of Seamen) (Amendment) Bill 1972.
2
In the past, seamen were employed by ship's masters and owners through intermediaries, who demanded payment from the seamen. To prevent such malpractices, the Merchant Shipping (Recruiting of Seamen) Ordinance was enacted in June 1966 to protect seamen from exploitation by intermediaries and to regulate the re- cruitment and engagement of seamen for service aboard foreign-going ships. It was envisaged in the Seamen's Recruitment Committee's Final Report 1963/64 that, some time after the Seamen's Recruiting Office had been in operation and had acquired the necessary experience, the legislation would be re-examined. Since the opening of the Sea- men's Recruiting Office on 27th June 1966, the effectiveness of the legislation has been reviewed. The Director has now advised that the Merchant Shipping (Recruiting of Seamen) Ordinance should be amended to eliminate some of the deficiencies which have come to light with experience of its working.
3
The reasons for the numerous amendments are des- cribed fully in the Explanatory Memorandum to the attached bill. However, some of the more salient features are summarised below.
Definition of Seaman
4
The present definition of seaman excludes the profes- sional complement of a vessel (i, e. master, mate, engineer, radio officer, doctor and pilot) and some miscellaneous persons, such as musicians, compradors and tallymen who do not require any special qualifications. The exclusion of this miscellaneous category of em- ployees has in practice enabled men to join ships through interme- diaries, at exorbitant fees, ostensibly as tallymen and compradors etc, while they actively work as deckhand, cook or engine-room donkeyman. To eliminate this abuse the definition of seaman is amended by clause 2 to include all persons comprising the complement of a foreign-going ship other than master, certificated mate, certifi- cated engineer or persons serving in capacities excluded by the Sea- men's Recruiting Authority after consultation with the Seamen's Re- cruiting Advisory Board.
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