CONFIDENTIAL
170257 MOLIAN 1431
5. AS REGARDS MATTERS RELATING TO RECRUITMENT AND REGISTRATION OF SEAFARERS, THESE ARE AT PRESENT COVERED BY THE MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE (CAP. 135).
6.
THE BRITISH SIDE HAS CONCLUDED THAT WHAT IS NOW REQUIRED IS A BILL TO CONSOLIDATE THE EXISTING HONG KONG LAW RELATING TO SEAFARERS, INCLUDING THE MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE, TO REPEAL THE 1936 ORDER AND TO LOCALISE THE UK ENACTMENTS LISTED IN ANNEX A, TO PROVIDE POWERS TO MAKE IN HONG KONG REGULATIONS EQUIVALENT TO THOSE IN PART (III) OF THE 1986 LIST (WITH ONE EXCEPTION) AND GENERALLY TO MODERNISE AND RATIONALISE THE LAW RELATING TO SEAFARERS SO THAT IT BECOMES FULLY COMPLEMENTARY TO THE MERCHANT SHIPPING (REGISTRATION) ORDINANCE, WHICH ESTABLISHED THE NEW HONG KONG SHIPPING REGISTER.
7.
THE ONE CASE IN WHICH IT IS NOT INTENDED TO MAKE REGULATIONS EQUIVALENT TO THOSE IN PART (III) OF THE 1986 LIST IS THAT OF ITEM 25, THE MERCHANT SHIPPING (CERTIFICTION OF SHIPS' COOKS) REGULATIONS 1981, WHICH WERE INTRODUCED IN THE UK TO IMPLEMENT INTERNATIONAL LABOUR CONVENTION NO. 69. THE CONVENTION DOES NOT APPLY TO HONG KONG. IF AND WHEN IT BECOMES APPROPRIATE FOR IT TO APPLY, THE CHINESE SIDE WOULD BE CONSULTED IN RESPECT OF THE INTERNATIONAL RIGHTS AND OBLIGATIONS ARISING OUT OF IT.
THE PROPOSAL
8.
-
THE BRITISH SIDE PROPOSES TO INTRODUCE INTO THE HONG KONG LEGISLATURE A BILL THE MERCHANT SHIPPING (SEAFARERS BILL WHICH WILL PROVIDE A COMPREHENSIVE BODY OF LAWS RELATING TO
SEAFARERS.
9. THE BILL WILL REGULATE THE QUALIFICATIONS AND EMPLOYMENT OF SEAFARERS SERVING ON HONG KONG SHIPS, THE NUMBER OF CERTIFICATED OFFICERS REQUIRED ON SUCH SHIPS AND STANDARDS OF SAFETY, HEALTH, WELFARE AND HOURS OF WORK ON SUCH SHIPS AND WILL PROVIDE PENALTIES FOR DISCIPLINARY OFFENCES. AS REGARDS HONG KONG SEAFARERS SERVING ON SHIPS WHEREVER REGISTERED, IT WILL PROVIDE FOR THEIR REGISTRATION AND FOR DISCIPLINARY INQUIRIES IN HONG KONG AND WILL REGULATE THEIR RECRUITMENT, EMPLOYMENT AND CONDITIONS OF WORK BY SPECIFYING THE RECRUITMENT PROCEDURES AND TERMS OF EMPLOYMENT TO BE ADOPTED BY THEIR HONG KONG-BASED EMPLOYERS. THE BILL WILL PROVIDE ENABLING POWERS UNDER WHICH REGULATIONS ON THESE MATTERS CAN BE MADE BY THE GOVERNOR IN COUNCIL. WHERE REGULATIONS HAVE ALREADY BEEN MADE UNDER EXISTING
3
PAGE CONFIDENTIAL
No comments yet.
Private notes are available after approval.