TNAG-2563-FCO40-3748-Future-of-Hong-Kong-localisation-of-laws-Merchant-Shipping--1992 — Page 46

GOVERMENT HOUSE HONG KONG.

FRI 13 MAR 92 11:02

PG.03

CONFIDENTIAL

Provisions in the Proposed Merchant Shipping (Seafarers) Bill which involve transfer of authority

Annex A

The provisions in the Merchant Shipping (Seafarers) Bill which involve transfer

of authority from a UK authority to a Hong Kong authority are

!

Item

UK Enactment

1

MSA 1894, S.114

Current UK Authority

Minister of Transport (originally the Board of Trade)

Power/Function

Approval of form and content of crew agreements

Proposed HK Authority

The Bill will confer a similar power on the Superintendent*

2

MSA 1894, S.115

(a) Superintendent of a mercantile marine office (an official appointed by the Minister of Transport under S.246 of the MSA 1894)

(b) Minister of Transport (formerly ¦ Board of Trade)

(c) The Registrar General of Shipping and Seamen (an official appointed by the said Minister under $.251 of the MSA 1894)

:

(a) To explain crew agreement to each seaman engaged in a foreign-going ship; ascertain that he understands it;

attest his signature to it; and retain a copy thereof

(b) To direct a superintendent of a mercantile marine office either to retain or transmit to the Registrar General of Shipping and Seamen a copy of any "running agreement" with a crew member, i.e.

one extending over two or more voyages

(c) To receive a copy of any running agreement required to be transmitted to him by a superintendent of a mercantile marine office

In place of (a), (b) and (c) a new system of supervision will be introduced by the Bill. The supervisory authority will be the Director of Marine (as the "Seafarers

Authority"); power to make regulations governing the supervisory system will be conferred on the Governor in Council

CONFIDENTIAL