Main Provisions
Application in Hong Kong
Article 4
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The expenses of repatriation shall not be a charge on the seaman if he has been left behind by reason of
(a) injury sustained in the service of
the vessel, or
(b) shipwreck, or
(c) illness not due to his own wilful
act or default, or
(a) discharge for any canse for which
he cannot be held responsible.
J
The standard clauses and terms of service attached to the Articles of Agreement of a Hong Kong seama in a ship registered in Hong Kong provide that in the event that a seaman has to be repatriated consequent upon an injury arising out of or in the course of his employment on board or from an illness or injury which was not dun to his serious and wilful misconduct, the employer shall bear the full cost of repatriation.
Sections 191 and 193 of the Merchant Shipping Act 1894 provide that the charge for repatriating a seaman left behind by any reason including shipwreck shall be borne by the ship to which the seamen belonred.
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