TNAG-2299-FCO40-3327-Hong-Kong-international-labour-conventions-1991 — Page 52

Article 1

Losition paper zn Blie application in Hong Kong of tuber und rom! Labour

Convention No. 23 on Llie Repatriation of Seamen

Main Provisions

Date : da'

1986

Annex A

September

tor dated)

Application in Hong Kong

1.

This Convention shall apply to all sea-going vessels registered in the country of any Member ratifying this Convention, and to the owners, masters and scamen of such vessels.

2.

Article 2

It shall not apply to

(a) ships of war,

() Governsent vessels not engaged in trade, (c) vessels engaged in the coasting trade,

(d) pleasure yachts,

(e)

Indian country craft,

() fishing vessels,

(4) vessels of less than 100 tons gross registered

tommage or 300 cubic metres, nor to vessels engaged in the home trade below the tonnage limit prescribed by national Jaw for the special regulation of this trade at the date of the passing ●f this Convention.

For the purpose of this Convention the following expressions have the meanings hereby assigned to them viz. :

(a)

the term "vessel" includes any ship or bont of any nature whatsoever, whether publicly or privately owned, ordinarily engaged in maritime navigation;

"Bea-going vessel" is covered by the definition of "foreign-going ship" (i.c. a ship engaged in a voyage not confined to river trade limits) under section 2 of the Merchant Shipping (Certification of officers) Regulations made under the Merchant Shipping Ordinance, Cap. 281. Under section 2 of the same ordinance, "river trade limits" are defined as the waters in the vicinity of Hong Kong within certain boundaries and all inland waterways in the provinces of Kwangtung and Kwangsi on the mainland of China to which access can be obtained by water from the area within thone boundaries. "Foreign-going ship" is also defined under section 2 of the Herchant Shipping (Recruiting of Seamon) Ordinance, Cap. 135. Definitions under both ordinances have substantially the same effect.

Under section 2 of the Herchant Shipping

Ordinance, Cap. 281.

(a)

"vessel" includes

(i)

any ship or boat or junk or any other description of vessel used in navigation; and