| An Ordinance to consolidate and amend the law relating to seafarers; to introduce new provisions relating to seafarers and to certain persons carried on but not employed in ships; and to provide for matters incidental thereto or connected therewith. (Enacted 1995) [2 September 1996] L.N. 342 of 1996 (Originally 44 of 1995) Cap 478 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Merchant Shipping (Seafarers) Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 478 s 2 Interpretation Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) In this Ordinance, unless the context otherwise requires- "A.B." (高级水手) means an able-bodied seaman, for which purpose "seaman" (水手) shall include seafarer; "Advisory Board" (谘询委员会) means the Seafarers' Advisory Board established by section 6(1); "Appeals Board" (上诉委员会) means the Seafarers' Appeals Board established by section 18(1); "Authority" (监督) means the Seafarers' Authority established by section 4(1); "autopsy" (尸体剖验) includes a post-mortem examination; "coastal-going ship" (沿岸船舶) means any ship employed exclusively in trading, or going, between any place or places situated within river trade limits; "company" (公司) means a company incorporated under the Companies Ordinance (Cap 32) or to which Part XI of that Ordinance applies; "company roster" (公司候船名册), in relation to a permitted company, means the list or lists kept in the company's permitted crew department pursuant to section 64(1) or (2), as the case may be; "crew agreement" (船员协议) has the meaning assigned to it by section 80(2); "crew department record" (船员部纪录), in relation to a permitted company, means the record kept in the company's permitted crew department pursuant to section 61(1); "dangerous drug" (危险药物) includes any drug which is a dangerous drug within the meaning of the Dangerous Drugs Ordinance (Cap 134); "direct trade entrant" (直接入职海员) means a seafarer whose seafaring avocation consists of an occupation approved by the Superintendent as an occupation the skills of which cannot normally be acquired by training on board a ship or at a pre-sea training establishment; "disciplinary inquiry" (纪律研讯) means a disciplinary inquiry conducted pursuant to section 22; "disciplinary offence" (违纪行为) means any misconduct by a seafarer on board a Hong Kong ship specified in regulations made under section 107(1) as a disciplinary offence; "employer" (雇主), in relation to- (a) a registered seafarer, means the person who has- (i) supplied that seafarer for employment; or (ii) employed that seafarer, in a ship, irrespective of whether that person- (A) owns, charters or manages; or (B) acts as an agent for another person who owns, charters or manages, that ship; and(b) any other seafarer, means the person who is, in accordance with the crew agreement or other agreement for employment entered into by the seafarer for employment as a seafarer, specified, either by name or by necessary implication, as the employer of that seafarer;"employment registration book" (雇用登记簿) means a registered seafarer's employment registration book issued or deemed to be issued under regulations made under section 17; "fishery research vessel" (渔业研究船) means a vessel primarily used for research into sea fishing and fish stocks; "fishing vessel" (渔船) means any vessel used for catching, otherwise than for sport, fish, whales, seals, walruses, or other living resources of the sea, and includes a fishery research vessel; "function" (职能) includes a duty; "Hong Kong ship" (香港船舶) means a ship registered in Hong Kong; "identity card" (身分证) means an identity card within the meaning of the Registration of Persons Ordinance (Cap 177); "inquest" (死因研讯) includes an inquiry into a death; "junk" (中式帆船) includes lorcha and any vessel of Chinese or other Asiatic build, construction or rig whether such vessel is of a sea-going type or not and howsoever propelled; "legal officer" (律政人员) has the meaning assigned to it by section 2 of the Legal Officers Ordinance (Cap 87); "licence" (执照) means a licence issued or deemed to be issued under regulations made under section 73; "lorcha" (西式中国帆船) includes any vessel- (a) of European build and construction, but of Chinese or other Asiatic rig; or (b) of Chinese or other Asiatic build and construction, but of European rig;"master" (船长) includes every person (except a pilot) having command or charge of any ship; "Office" (海管处) means the Mercantile Marine Office established by section 5(1)(a); "officer" (高级船员) means the holder of- (a) a certificate of competency or of service issued or deemed to be issued under regulations made under section 73 or a licence; or (b) a certificate of competency or of service recognized under those regulations as equivalent to a certificate referred to in paragraph (a);"panel" (委员团) means a panel appointed under section 18(2); |
