布政司署
教育統籌科
香港下亞厘畢道
本署檔號 OUR REF.:
(30) in EMB CR 7/5683/74 IV
ASUS ERBE Your Peri
LA-2117
LKK 175/
RECEIVED IN REGISTRY
13 JAN1986
DESK OFFICER
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REGISTRY
Action Taken
1)ec HKD)
29
EDUCATION AND MANPOWER BRANCH
2) Miss Marwell for action ple
Mr. Adrian Smith
International Labour Adviser,
Asio
Foreign and Commonwealth Office, London SW1A 2AH.
GOVERNMENT SECRETARIAT,
-Lower Albert Road.
LAC
Hong Kong. 21/19
RECEIVED IN RECOTRY No. 55
23 DECI
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"December 1985
er 1985
ire chich
рису
py. Mack
асвар
C&
RI
PIROR will '85
Dear Mr. Smith,
18
NIT.
I refer to your letter of 18th September to His Excellency the Governor, and have been asked to reply on His Excellency's behalf. As you rightly point out, Sections 221 to 225 of the Merchant Shipping Act 1894 continue to apply to Hong Kong, and there is thus the possibility in theory of a breach of IL Convention No. 105, Abolition of Forced Labour Convention, 1957, on which a declaration of "applied without modification" in respect of Hong Kong has been registered with the ILO.
In
practice
the
these sections
of provisions have, as far as we can ascertain, never been invoked in Hong Kong, nor have provisions in Sections 15 and 16 of Hong Kong's Merchant Shipping Ordinance (Chapter 281 of the Laws of Hong Kong) which specify imprisonment as a penalty for desertion and certain other disciplinary offences. Such cases in Hong Kong are dealt with under the Merchant Shipping (Recruiting of Seamen)
of Seamen) Ordinance (Chapter 135 of the Laws). This Ordinance applies to all Hong Kong registered seamen sailing under any flag and the relevant penalty is the suspension of the seaman's registration.
The theoretical possibility of a breach of
of IL Convention No. 105 will be removed with the enactment of the Merchant Shipping (Seafarers) Ordinance, which is now being drafted. The Bill incorporates provisions of the Merchant Shipping Act 1970 insofar as these provisions can be applied to Hong Kong merchant shipping, and will follow
that the practice of
Act by substituting a fine for imprisonment as the penalty for a disciplinary offence.
The enactment of this Ordinance will enable Sections 15 and 16 of the Merchant Shipping Ordinance and Sections 221 to 225 of the Merchant Shipping Act 1894,
Shipping Act 1894, as applied to Hong Kong, to be repealed.
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