TNAG-0358-FCO40-394-Registration-of-merchant-shipping-in-Hong-Kong-1972 — Page 33

2600224 C.S. 84

RESTRICTED

For discussion

on 5th December 1972

XCR (72) 244

Copy No.......

MEMORANDUM FOR EXECUTIVE COUNCIL

MERCHANT SHIPPING (AMENDMENT) BILL 1972

Annexed for the consideration of Honourable Members is the Merchant Shipping (Amendment) Bill 1972, which amends the Merchant Shipping Ordinance in a number of respects, the most im- portant of which can be grouped under the headings of Discipline and Pollution.

Discipline: Removal of Seamen

2

Clause 2 provides authority for authorised public officers, i, e. Police Officers of the rank of inspector or above, and officers of the Marine Department of the rank of Assistant Marine Officer or above, to remove from a vessel a seaman who has been lawfully discharged and refuses to leave the ship when requested by the master to do so.

3

The Director of Marine considers that it is imperative, in the interest of operational efficiency in the port, that such powers should be provided as there is a tendency for Hong Kong seamen to attempt to coerce the master of their ship into accepting demands by striking en masse or by refusing to leave ship when they have been lawfully discharged. The Director advises that there is evidence to indicate that this type of incident can be politically motivated. Since the economics of the shipping industry require vessels to turn round and set sail as quickly as possible, crew demands in such circumstances have usually been met rather than delay the ship.

4

Common law provides that the master of a vessel can treat a seaman who has been lawfully discharged as a trespasser and thus seek to have him removed from the ship using, in so doing, no more force than is reasonable. If the trespasser becomes violent, it is open to the master to call for police assistance. The Director of Marine considers that a seaman should be under a statutory obligation to leave a ship on the termination of his contract and that he should not be allowed to remain on ship to hamper the free movement of trade in the port. The provisions contained in clause 2 are therefore required:

(a)

(b)

to prevent a seaman who has been lawfully discharged from delaying a ship from sailing by refusing to leave the vessel;

because of the likelihood of serious damage

to the economy of the port resulting from the tendency of crews to refuse to leave their vessels after discharge as a means of coercing the masters of the vessels into accepting their terms; and

RESTRICTED