1986 Ed.]
Merchant Shipping
[CAP. 281
13
Provided that--
(a) such agreement may be made for a voyage or, if the voyages of the ship average less than 6 months in duration, may be made to extend over 2 or more voyages, and an agreement so made to extend over 2 or more voyages shall be referred to as a running agreement; and
(b) a running agreement shall not be for a longer period than 6 months or the first arrival of the ship at her port of destination in the Colony after the expiration of that period, or the discharge of cargo consequent on that arrival.
(2) The master of any such ship who carries any seaman to sea without entering into an agreement with him in accordance with this section shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months. (Amended, 17 of 1965, s. 6 and 73 of 1974, s. 12)
11. (1) The Governor in Council may by regulation prescribe the fees which shall be payable upon all engagements and discharges.
(2) The Superintendent shall cause a scale of such fees together with a copy of this section, to be conspicuously exhibited in the Mercantile Marine Office, and may require the payment of such fees before proceeding with any engagement or discharge.
(3) The master of a ship engaging or discharging any seaman at the Mercantile Marine Office shall pay to the Superintendent the whole of the requisite fees.
12. (1) No master shall discharge in the Colony any seaman from any ship, British or foreign, without the sanction of the Director or of the consular officer, if any, representing the nation to which such ship belongs, and unless due provision is made for the subsistence and maintenance of such seaman to the satisfaction of the Director in the case of a British ship or of a foreign ship whose flag is not represented in the Colony by a consular officer or to the satisfaction of such consular officer in the case of a foreign ship whose flag is so represented, and any master who discharges a seaman in contravention of this subsection shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months: (Amended, 17 of 1965, s. 7 and 73 of 1974, s. 12)
Provided that no such provision shall be necessary in respect of any seaman who was engaged in the Colony, or any seaman who being a native of Hong Kong or South China is discharged in accordance with the terms of his agreement.
(2) Any seaman who wilfully or negligently remains in the Colony after the departure of his ship shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 3 months. (Amended, 17 of 1965, s. 7 and 73 of 1974, s. 12)
Fees upon engagement and discharge.
Procedure upon discharge, and provision for seamen left behind or remaining in Hong Kong