| (Cap 478 sections 80, 81, 82, 95, 119 and 134) [2 September 1996] (L.N. 602 of 1995) Cap 478L s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1995) Cap 478L s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "coastal voyage" (沿岸航程) means any voyage which is solely within river trade limits; "ship" (船、船舶) means a Hong Kong ship; "tons" (吨) and "tonnage" (吨位) mean tons and tonnage as calculated in accordance with the Merchant Shipping (Registration) (Tonnage) Regulations (Cap 415 sub. leg.). (2) In this Regulation, references to the gross or to the register tonnage of a ship are, in the case of a ship having alternative gross or alternative register tonnages, references to the larger of its gross tonnages or to the larger of its register tonnages, as the case may be. (Enacted 1995) Cap 478L s 3 Exemptions from requirements of section 80 of the Ordinance PART II CREW AGREEMENTS The requirements of section 80 of the Ordinance relating to crew agreements shall not apply to- (a) a ship of less than 80 register tons engaged solely on coastal voyages except any ship authorized by virtue of a passenger certificate and general safety certificate issued under Part II of the Merchant Shipping (Safety) Ordinance (Cap 369) to carry passengers within river trade limits; (b) a fishing vessel except a trawler to which Part XII of the Merchant Shipping Ordinance (Cap 281) applies; or (c) a person employed in a ship solely in connection with the construction, alteration, repair or testing of the ship, its machinery or equipment, and not directly in connection with the normal manning of the ship within the deck, engine room, catering or radio department. (Enacted 1995) Cap 478L s 4 Notice of intention to employ a seafarer under crew agreement (1) Except in the circumstances specified in subsection (4), any person, before employing a seafarer under a crew agreement made in Hong Kong, shall give prior notice to the Superintendent. (2) A notice under subsection (1) shall be given before the period of 24 hours ending with the time when the crew agreement is made or the agreement is added, as the case may be: Provided that, if it is not possible to give the notice before the beginning of that period, it shall be given as early as practicable within that period. (3) A notice under subsection (1) shall contain the following particulars- (a) the name of the ship (or, if the crew agreement relates to more than one ship, of each ship to which the agreement relates), its port of registry and official number; (b) whether a new crew agreement is to be made or whether an agreement with any seafarer is to be added to those contained in a crew agreement; (c) the date on which, and the place and time at which, the crew agreement is to be made or an agreement with any seafarer is to be added to those contained in the crew agreement; and (d) the capacity in which each seafarer to whom the notice relates is to be employed.(4) The circumstances in which no notice need be given under subsection (1) are where it is not practicable without unreasonably delaying the ship to give notice before employing the seafarer. (Enacted 1995) Cap 478L s 5 Carrying of copy of crew agreement in ships (1) A ship required under section 80 of the Ordinance to carry a crew agreement may, in the case of an agreement which relates both to that and to other ships and which is kept at an address ashore in Hong Kong, comply with that requirement by carrying a copy of the agreement certified in the manner provided by subsection (2). (2) A copy of a crew agreement carried in a ship in accordance with subsection (1) shall bear a certificate signed by the Superintendent certifying that it is a true copy of the crew agreement and specifying the address in Hong Kong at which the crew agreement is kept and the name of the person by whom it is so kept. (Enacted 1995) Cap 478L s 6 Delivery of crew agreement and copies (1) The employer shall, within 28 days of the date on which a crew agreement is made or any agreement is added to those contained in a crew agreement or, if it is not practicable within that period, as soon as practicable thereafter, deliver to the Superintendent a copy of the crew agreement and of any agreement so added. (2) The employer shall, within 28 days of the date when the last seafarer remaining employed under the crew agreement ceases to be employed under that agreement, deliver the crew agreement to the Superintendent. (3) No crew agreement shall be made or added to in Hong Kong except before the Superintendent unless otherwise permitted by the Superintendent. (4) Where a ship remains within the waters of Hong Kong for not less than 2 working days, the employer shall, within 2 working days of the ship's arrival in such waters, deliver the crew agreement to the Superintendent. (5) Where a crew agreement is delivered to the Superintendent under subsection (4), he shall- |
