TNAG-2563-FCO40-3748-Future-of-Hong-Kong-localisation-of-laws-Merchant-Shipping--1992 — Page 48

GOVERMENT HOUSE HONG KONG.

1

FRI 13 MAB 92 11:04

PG.05

Item

UK Enactment

7

MSA 1894, SS.198 & 199

1

8

MSA 1894, S.211

CONFIDENTIAL

Current

UK Authority

(a) Commanding officer of British warship, British consular officer, a superintendent of a mercantile marine office, or a chief officer of customs and excise

(b) Minister of Transport

: (a) Justices of the

Peace

(b) Commanding officers of British warships

(c) British consular officers

9

MSA 1906, SS.40, 41, (a) Minister of 45. 47, 48 & 49

Transport

(b) British consular officers; British merchants; a superintendent of a mercantile marine office; and a chief officer of customs

Power/Function

To receive and investigate complaints about provisions or water

(a), (b) and (c) to receive complaints by seamen about master or any other

crew

(a) To make regulations governing repatriation of seafarers

(b) To undertake the return of seamen

Proposed

HK Authority

The Bill will provide for

complaints to be made to the

Superintendent* who shall investigate them. But if ship

is outside AK waters, role is to be performed by a person exercising powers similar to that of the Superintendent

The Bill will provide for complaints (including

complaints about conditions on board ship) to be made to the master in the first instance; but if a seafarer is dissatisfied with the master's action thereupon, the Superintendent*, or (where the ship is outside HK waters) a

person exercising

similar powers

shall entertain the

complaint and investigate it

The Bill will confer on the Governor in Council power to make regulations governing the procedure for repatriation of seafarers which will place responsibility on the

Superintendent* fat carrying out those procedures.

CONFIDENTIAL