RESTRICTED
?
Ref.: ECON 15/5061/62
(22 Vine
R+iniz. (1)
En
COLONIAL SECRETARIAT,
HONG KONG,
1월
3rd February, 1971.
Deen Michael
Are
22
Thank you for your letters of 14 October 1970 and 8 January 1971 concerning Mr. Y.K. Pao's enquiries about the employment of aliens as officers on British ships registered in Hong Kong. We had consulted the Director of Marine and our legal advisers and I was about to reply to the first when the second arrived.
In
The legal position in Hong Kong is similar to that in Britain since our merchant shipping legislation generally follows yours. All British ships (and certain specified foreign ships) are required to be provided with duly certificated officers when leaving the Colony. order to obtain a British certificate as a Master, Mate, Chief Engineer or Second Engineer it is necessary that a candidate for examination be a British or Commonwealth subject. The relevant laws in Hong Kong - section 5 of the Merchant Shipping Ordinance (Chapter 281) and section 2(1) of the Merchant Shipping (Aliens Employment) Ordinance (Chapter 80) are based directly on the United Kingdom laws section 92 of
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the Merchant Shipping Act, 1894, and section 5(1) of the Alien Restriction (Amendment) Act, 1919, respectively. However, under section 118 of Chapter 281 and the proviso to section 2(1) of Chapter 80 there are powers of exemption vested in the Governor. These are based on section 78 of the Merchant Shipping Act, 1906 and the proviso to section 5(1) of the Alien Restriction (Amendment) Act, 1919, respectively. In Hong Kong these powers are delegated to the Director of Marine and are exercised frequently in respect of officers (other than masters) on board ships leaving Hong Kong, including ships under the ownership of Mr. Y.K. Pao. It is true that these exemptions are not permanent and whenever the ship in question leaves a British port (which expression includes many Commonwealth ports) a fresh exemption is required. The Director, rightly in my view, does not grant exemptions for aliens to be employed as Masters of British registered vessels.
/At the present
E.O. Laird, Esq., C.M.G., M.B.E.,
Hong Kong Department,
Foreign & Commonwealth Office, LONDON S.W.1,
England.
IN
* 1
HEK21/6
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