| (Cap 478 sections 86, 104, 119 and 134) [2 September 1996] (L.N. 607 of 1995) Cap 478Q s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 478Q s 2 Interpretation In this Regulation, unless the context otherwise requires- "employer" (雇主), in relation to a seafarer, means the last employer of the seafarer before the seafarer was left behind or shipwrecked; "master" (船长), in relation to a seafarer, means the master of the ship in which the seafarer was last employed immediately before he was left behind or shipwrecked; "ship" (船、船舶) means a Hong Kong ship. (Enacted 1995) Cap 478Q s 3 Application (1) Subject to subsection (2), this Regulation shall apply to every seafarer employed under a crew agreement who- (a) is left behind in any place outside Hong Kong or is taken to such a place on being shipwrecked; or (b) became so employed outside Hong Kong and who is left behind in Hong Kong or is taken to Hong Kong on being shipwrecked.(2) Sections 12 and 13 shall also apply to any seafarer who became employed under a crew agreement entered into in Hong Kong and who leaves his ship in Hong Kong, otherwise than on being discharged therefrom. (Enacted 1995) Cap 478Q s 4 Return and relief of seafarers left behind or shipwrecked (1) The employer of a seafarer shall, if his obligation to return the seafarer has arisen under subsection (2)- (a) as soon as practicable after the seafarer is left behind or brought ashore after shipwreck, make such provision as is necessary for his return to a place ascertained under section 7; and (b) from the time when the seafarer is left behind or brought ashore after shipwreck and until he is returned or until the employer's obligation to return him ceases in accordance with subsection (3), make such provision for the seafarer's food and lodging and such other relief and maintenance as may be necessary having regard to the personal circumstances of the seafarer and of any requirement special to him:Provided that the employer shall not be under any obligation to return or make provision for any seafarer who is absent for a period of more than 3 months from the date when he was left behind if, during that period, the employer did not know and could not reasonably have known of the seafarer's whereabouts. (2) The obligation of the employer to return a seafarer under subsection (1)(a) shall arise- (a) as soon as the seafarer is available for return; (b) as soon as the seafarer informs his employer, his employer's agent or the Superintendent of his whereabouts and asks to be returned by his employer; or (c) if the seafarer is unable by reason of illness, incapacity or other cause beyond his control so to inform any of the persons referred to in paragraph (b), as soon as one of those persons obtains from him confirmation that he wishes to be returned by his employer.(3) The obligation to return a seafarer under subsection (1)(a) shall cease if the seafarer- (a) being fit and able to undertake employment in a ship, fails to comply with a reasonable request made of him by his employer that he should enter into a crew agreement for employment in any ship in which he is, in accordance with provision made by his employer, to be carried in the course of his return; (b) without reasonable cause, fails to comply with any other reasonable arrangement made for him by his employer in relation to the provision for his return; or (c) informs his employer in writing that he does not wish to be returned by him.(4) In deciding whether the seafarer is to be returned by land, sea or air (or by which combination of any of those means), his employer shall have regard to all the circumstances including the personal circumstances of the seafarer and of any requirement special to him. (5) Without prejudice to the generality of subsection (1)(b), the provision for relief and maintenance to be made in accordance with that subsection shall include- (a) clothing; (b) toilet and other personal necessaries; (c) surgical or medical treatment and such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency; (d) in cases where the seafarer is not entitled to legal aid, or legal aid is insufficient, reasonable costs for the defence of the seafarer in any criminal proceedings in respect of any act or omission within the scope of his employment, being proceedings where neither the employer nor the employer's agent is a party to the prosecution; and (e) sufficient money to meet any minor ancillary expenses necessarily incurred or likely to be so incurred by the seafarer for his relief and maintenance.(6) The provisions to be made by an employer in accordance with this section shall include- (a) the repayment of expenses incurred in bringing a shipwrecked seafarer ashore and maintaining him until he is brought ashore; and (b) the payment of the expenses of the burial or cremation of a seafarer who dies before he can be returned to a place ascertained under section 7.(7) An employer who fails to comply with an obligation imposed on him under subsection (1) commits an offence and is liable on conviction to a fine at level 2. |
