TNAG-0419-FCO40-465-Registration-of-merchant-shipping-in-Hong-Kong-1973 — Page 176

C.S. 41A

2600077

20.000-10/71-B94067

لسلس

inter mesubmit

شماس

تعمل

REF.

ECON 1/3231/70

Your ref HKK 21/2

ANNIE B REGISTRY No. 51 31 JAN1973

COLONIAL SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

HKK 21/2

22nd January, 1973

103

9

Dear Mark,

This is in reply to your letter of 29th December, addressed to Tony Hammond, about the Executive Council decision on the Merchant Shipping (Amendment) Bill 1972.

2.

As regards the IL Conventions you mention I can assure you that these have been looked into and it is not considered that anything in the amending Bill will infringe their provisions.

3.

On the question of the expression "lawfully discharged" the point is that the new section 14A will only operate in cases where the seaman in question has already been discharged in accordance with the terms of his agreement or the Merchant Shipping Ordinance (Cap. 281). The proper procedures for the discharge of a seaman are prescribed in section 12 of the Ordinance which provides substantial protection and safeguards against improper discharge. In these circumstances it is not felt that anything can be gained by attempting to define "lawful discharge".

4.

Finally, on your last point a seaman would only be suspended from the register for medical reasons when the results of a medical examination confirm that he is unfit for sea duties; and he cannot be suspended until the results of the examination are known. Furthermore, once he produces a certificate from a qualified medical practitioner certifying him fit to resume sea duties, the Superintendent is obliged to lift the suspension. The new section 17B in this regard is in fact better explained in para 9 of the Explanatory Memorandum to the Bill than in para 6 of the ExCo memorandum.

M.A. Goodfellow, Esq,

Hong Kong and Indian Ocean Department,

Foreign and Commonwealth Office,

King Charles Street,

London SW1A 2AH, England.

PA

Thave nomments

68 1/2/73 Miss Swan

Gib. + Gen Depr

Perhaps this your query

2.

Aut wars

18 below?

3. M+TD

man [31/1