### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

78. Procedure upon discharge, and provision for seafarer left behind or remaining in Hong Kong
(1) No master or employer, or agent of the employer, shall discharge in Hong Kong any seafarer from any ship without informing the Superintendent or the consular officer, if any, representing the ship, and unless due provision is made for the subsistence and maintenance of such seafarer to the satisfaction of—
(a) in the case of a Hong Kong ship or of any other ship not represented in Hong Kong by a consular officer, the Superintendent;
(b) in the case of a ship so represented, such consular officer,
and any master or employer, or agent of the employer, who discharges a seafarer in contravention of this subsection commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months:
Provided that no such provision shall be necessary in respect of any seafarer—
(i) employed in Hong Kong; or
(ii) discharged in accordance with the terms of his crew agreement.
(2) Any seafarer who wilfully remains in Hong Kong after the departure of his ship commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 3 months.
(3) Any master or any other person belonging to a Hong Kong ship, or belonging to any other ship not represented in Hong Kong by a consular officer, who forces on shore and wrongfully leaves behind, or otherwise wrongfully leaves behind in Hong Kong any seafarer belonging to such ship before the completion of the voyage for which the seafarer was employed, commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(4) Where a master or other person is convicted of an offence against subsection (3), the court may, in addition to any penalty it may impose in respect of the offence, order the offender to pay any costs incurred by the Government in transporting the seafarer in respect of whom the offence was committed to any place outside Hong Kong, and the amount so ordered to be paid may be recovered in the same manner as a fine.

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

79. Removal of discharged seafarers
(1) If a seafarer employed in a ship has been lawfully discharged from the ship, the seafarer must not remain on the ship. (Replaced 16 of 2013 s. 48)
(1A) Subsection (1) does not apply if the seafarer is permitted to remain on the ship by the master of the ship or the seafarer’s employer. (Added 16 of 2013 s. 48)
(2) A seafarer who remains on a ship in contravention of subsection (1) may be removed from the ship by an authorized officer. (Amended 16 of 2013 s. 48)
(3) In this section, authorized officer (獲授權人員) means any police officer of the rank of inspector or above and any officer of the Marine Department above the rank of Marine Inspector I.

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

81. Regulations relating to crew agreements
The Secretary for Transport and Logistics may make regulations for all or any of the following matters— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) requiring such notice as is specified in the regulations to be given to the Superintendent, except in such circumstances as are so specified, before a crew agreement is made or an agreement with any person is added to those contained in a crew agreement;
(b) providing for the delivery to the Superintendent of crew agreements and agreements added to those contained in a crew agreement and of copies of crew agreements and of agreements so added;
(c) requiring the posting in ships of copies of or extracts from crew agreements;
(d) requiring copies of or extracts from crew agreements to be supplied to members of the crew demanding them and requiring copies of or extracts from documents referred to in crew agreements to be made available, in such circumstances as are specified in the regulations, for inspection by members of the crew; and
(e) requiring any document carried in a ship pursuant to section 80 to be produced on demand to the Superintendent.

82. Discharge of seafarers
(1) The Secretary for Transport and Logistics may make regulations prescribing the procedure to be followed in connection with the discharge of seafarers from Hong Kong ships. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(2) Without prejudice to the generality of subsection (1), regulations made under this section may make provision—
(a) requiring notice of such a discharge to be given at such time as is specified in the regulations to the Superintendent at a place specified in or determined under the regulations; and
(b) requiring such a discharge to be recorded, whether by entries in the crew agreement and employment registration book or equivalent document, and requiring copies of any such entry to be given to the Superintendent.
(3) Regulations made under this section may provide that in such cases as may be specified in the regulations, or except in such cases as may be specified in or determined under the regulations, a seafarer shall not be discharged outside Hong Kong from a Hong Kong ship without informing the Superintendent.

83. Discharge of seafarers when ship ceases to be registered in Hong Kong
Where a ship registered in Hong Kong ceases to be so registered, any seafarer employed in the ship shall be discharged from the ship unless he consents in writing to continue his employment in the ship, and sections 84 to 87 inclusive shall apply to his wages as if the ship had remained registered in Hong Kong. 

### Merchant Shipping (Seafarers) Ordinance 《商船(海員)條例》

85. Account of wages for seafarers to be discharged
(Amended 16 of 2013 s. 51)(1) Subject to subsection (4) and to regulations made under section 86, 96 or 104, if a seafarer employed in a Hong Kong ship under a crew agreement is to be discharged, the master of the ship or the employer of the seafarer must deliver to the seafarer an account of wages.
(2) The account shall indicate that the amounts stated therein are subject to any later adjustment that may be found necessary and, subject to subsection (4), shall be delivered not later than 24 hours before the time of discharge or, where the seafarer is discharged without notice or at less than 24 hours’ notice, at the time of discharge.
(3) Where the amounts stated in the account require adjustment, the employer or agent of the employer of the seafarer shall deliver to him a further account stating the adjusted amounts, and that account shall be delivered not later than the time at which the balance of his wages is payable to the seafarer.
(4) Where a seafarer is employed under a crew agreement relating to more than one ship, the account of wages must be delivered to the seafarer by the employer of the seafarer on or before the termination of his employment under the crew agreement.
(5) Where a person fails, without reasonable excuse, to comply with any of the provisions of this section, he commits an offence and is liable on conviction to a fine at level 1.
(Amended 16 of 2013 s. 51)