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Seafarers are usually engaged on a casual labour basis. Although a small number of seafarers, mainly officers, are permanently employed, the majority are engaged on a voyage basis. Cases of hardship, if any, may be referred to the Social Security Branch of the Social Welfare Department for applying for Public Assistance.
Shipowners' liability in respect of sick and injured seamen is covered by section 34 of the United Kingdom Merchant Shipping Act 1906, which has been extended to Hong Kong, and by clauses 4 to 8 of the Terms of Service of the Articles of
of Agreement. These provisions are substantially equivalent
equivalent to those of Conventions Nos. 55 and 130 referred to in the Appendix of this convention. Clause 23 of the Terms of Service also provides for the payment of two months' salary in the case of premature termination of
of employment. Clause 17 covers repatriation. Shipowners
required to insure against their liabilities in respect of their employees under the Employees' Compensation Ordinance, Chapter 282. Seafarers are specifically covered by sections 29 and 30 of this ordinance.
The following list indicates the manner in which the provisions of the said
said ordinances and regulations are made substantially equivalent to the provisions of conventions or articles of the conventions mentioned in the Appendix to this convention :
Minimum Age Convention, 1973 (No.138), or Minimum Age (Sea) Convention
(Revised) 1936 (No. 58), or Minimum Age (Sea) Convention, 1920 (No. 7)
Convention No. 138 has
and is not applied to Hong Kong.
is
not been ratified by the United Kingdom
Convention No. 58 has not been ratified by. the United Kingdom but applied without modification in
in Hong Kong. The last report on the application of this convention was submitted in 1988.
Convention No.
No. 7 is applied without modification in Hong Kong. The last report on the application of this convention was submitted in 1988.
The following two ordinances give effect to Conventions 7 and 58 in Hong Kong. The Employment of Young Persons and Children at Sea Ordinance, Chapter 58, prohibits the employment of children under 15 years of age as a member of the crew of any vessel other than one upon which only members of
of the same family are employed. The Merchant Shipping (Recruiting of Seamen) Ordinance specifies a minimum age of 17 for registration of seamen for service on foreign-going ships.