TNAG-2563-FCO40-3748-Future-of-Hong-Kong-localisation-of-laws-Merchant-Shipping--1992 — Page 53

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

OUSE HONG KONG.

FRI 13 MAR 92 11:18

PG.10

CONFIDENTIAL

).

5.

1.

3.

3.

of seafarers'

rights

and of remedies and of remedies in respect of remuneration,

Details masters' disbursement, etc.

(a)

The Bill will provide for the protection of a seafarer's lien in relation to his wages in case of wreck or loss of his ship and any right he may have in the nature of salvage will not be capable of being renounced by agreement.

(b) The Bill will also

provide that the master of a Hong Kong-registered ship will have the same lien for remuneration and disbursements or liabilities as a seafarer has for his wages.

Health, Safety and Welfare of Seafarers

The requirement in the Bill to safeguard the health, safety and welfare of seafarers on Hong Kong-registered ships and relating to the provision of water, crew accommodation, medical treatment, medical stores, etc. will apply to such ships wherever they are.

Repatriation of Seafarers

The Bill will make provision in respect of repatriation expenses and arrangements to deal with seafarers of other flag states left behind in Hong Kong and with Hong Kong seafarers left outside Hong Kong.

Disciplinary offences by,

and civil liability of seafarers

The Bill will empower masters of Hong Kong-registered ships to impose fines on seafarers committing disciplinary offences and will provide for complaints by seafarers who have committed such offences to the Superintendent, wherever the ship may be.

A seafarer employed on a Hong Kong-registered ship who has committed an act of smuggling, whether within or outside Hong Kong, will be liable to make good any loss or expense that the act has caused to any other person.

A seafarer contravening the immigration law of any other country, thereby causing a penalty imposed on his employer, will be liable to recovery of the penalty as special damages for breach of contract.

CONFIDENTIAL

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