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With regard to the application of the Merchant Shipping (Certification of Officers) Regulations in relation to the provisions of Article 3(2) of this convention, exemptions which may be permitted by the Director of Marine under regulation 3(2) are always subject to the conditions set forth in regulation 14 which are conditions of force majeure.
corresponding
to
Seamen's Articles of Agreement Convention, 1926 (No. 22)
Convention No. 22 has been ratified by the United Kingdom and is applied without
without modification in Hong Kong by sections 113-124 of the United Kingdom Merchant Shipping Act 1894 which has been extended to Hong Kong. The last report on the application of this convention was submitted in 1990.
tion
Repatriation of Seamen Convention, 1926 (No. 23)
The United Kingdom ratified this convention on 3 June 1985. Consideration is being given to its application in Hong Kong. In fact, sections 32, 40-42 and 45-48 of the United Kingdom Merchant Shipping Act 1906, which have
have been extended Hong Kong, require the master of a British ship
ship (including a Hong Kong registered ship) who leaves a seaman behind abroad on termination of service or for other reasons to make adequate provision for his maintenance and repatriation to his proper return port. These provisions also place upon the proper authority the responsibility for supervising the repatriation. Clauses 17 and 18 of the Terms of Service of the Articles of Agreement also provide for repatriation arrangements.
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
This convention has been applied with modifications in Hong Kong by the provisions of Part IVA of the Employment Ordinance, Chapter 57. The last report on the application of this convention was submitted in 1990.
With
regard to the Direct Request made by the Committee of Experts, the Hong Kong Government would like to report that Article 18 of Section 8 of the Hong Kong Bill of Rights Ordinance 1991, passed in June 1991, stipulates that everyone, regardless of whether he is land-based or otherwise, enjoys the right to freedom of association with others.
The modification in respect of Articles 3, 5 and 6 of Convention No. 37 is considered necessary in the context of Hong Kong. The aim of the modification is to promote the formation of federation with members sharing common or identical interests and not with members of diversified interests from different trades, industries or occupations.