Hong Kong: Government Proposes Legislative Amendments to Implement MLC

The Government will gazette on Friday (April 5) the Merchant Shipping (Seafarers) (Amendment) Bill 2013, which aims to implement the requirements of the Maritime Labour Convention, 2006 (MLC).

The MLC was adopted by the United Nations International Labour Organization (ILO) to protect seafarers’ rights to decent employment. It contains a comprehensive set of global standards governing the working and living conditions of seafarers on board ocean-going ships in 14 areas including minimum age, medical certification, qualifications, hours of work and rest, accommodation and food.

The MLC will come into force on August 20, 2013, in jurisdictions of those ILO member states that have ratified it.

In Hong Kong, working standards and employment conditions for seafarers are specified in the Merchant Shipping (Seafarers) Ordinance (Cap.478) (the Ordinance) and its subsidiary legislation.

A spokesman for the Transport and Housing Bureau said today (April 3), “It is important for Hong Kong, as an international maritime centre with the world’s third largest shipping register, to comply with up-to-date international standards on maritime matters, including those stipulated under the MLC.”

The Bill mainly seeks to align existing definitions and provisions under the Ordinance with the MLC.

The major amendments proposed in the Bill include amending the definition of “seafarer”, allowing seafarers’ organisations to provide recruitment and placement services, and to adopt the “direct reference approach” in making subsidiary legislation under the Ordinance for implementing the requirements of international agreements applicable to Hong Kong.

There are also some miscellaneous amendments, including the removal of a provision which allows a company engaged in the supply of seafarers to recover from seafarers part of the prescribed fee paid to the Government for their employment, as well as the removal of a restriction that persons aged 35 years or above cannot be registered with the Marine Department for employment as seafarers.

“In preparing the legislative proposal, we have consulted shipowners’ and seafarers’ organisations. They are supportive of the proposals for implementing the MLC,” the spokesman said.

The Bill will be introduced into the Legislative Council on April 24.