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

2A. Who is a seafarer
(1) In this Ordinance—
seafarer (海員) means a person who works on board a ship in any capacity on the business of the ship, but does not include a person specified in Schedule 1A.
(2) The Secretary for Transport and Logistics may, after consultation with the Advisory Board, by notice published in the Gazette, amend Schedule 1A. (Amended L.N. 144 of 2022)
(Added 16 of 2013 s. 4)

3. Application
(1) This Ordinance shall not apply to—
(a) any ship of war of the Chinese People’s Liberation Army, any other ship of war or any ship belonging to the Central People’s Government; (Replaced 2 of 2012 s. 3)
(b) any vessel required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548) except a pleasure vessel carrying fare-paying guests or passengers outside the waters of Hong Kong. (Amended 43 of 1999 s. 91)
(2) (Repealed 43 of 1999 s. 91)

4. Establishment of Seafarers’ Authority
(1) For the purposes of this Ordinance, there is hereby established an authority to be known as the Seafarers’ Authority.
(2) The Director of Marine shall be the Authority.

5. Establishment of Mercantile Marine Office
(1) For the purposes of this Ordinance, there—
(a) is hereby established an office to be known as the Mercantile Marine Office; and
(b) shall be a Superintendent of the Office.
(2) The Secretary for Transport and Logistics may appoint a place to be the Office. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(3) The Authority may appoint any public officer to be the Superintendent.
(4) Subject to subsection (5), the Superintendent shall be responsible for the administration of the Office.
(5) Where, under this Ordinance, a power is conferred on the Authority to give directions to the Superintendent in relation to the exercise or performance of a particular power or function conferred or imposed under this Ordinance on the Superintendent, and the Authority, pursuant to that power, gives such a direction, the Superintendent shall comply with that direction accordingly.
(6) The Authority shall not give any directions to the Superintendent in relation to the exercise or performance of a particular power or function conferred or imposed under this Ordinance on the Superintendent unless there is a power expressly conferred under this Ordinance on the Authority so to do.

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

7. Register of persons employed as seafarers and of persons desirous to be employed as seafarers
(Replaced 16 of 2013 s. 7)(1) The Superintendent shall establish and maintain a register of persons who either— (Amended 16 of 2013 s. 7)
(a) are employed in sea-going ships or coastal-going ships as seafarers; or (Amended 23 of 1998 s. 2)
(b) desire to be employed in sea-going ships or coastal-going ships as seafarers and in respect of whom the Superintendent is of the opinion that they will obtain their principal means of livelihood from employment in such ships. (Amended 23 of 1998 s. 2; 16 of 2013 s. 7)
(2) The register shall be kept in the Office.
(3) Subject to subsection (4), the register shall be kept in such form and manner as the Superintendent thinks fit.
(4) The register shall be kept in 2 parts, being—
(a) Part I, containing the names of all persons who either— (Amended 16 of 2013 s. 7)
(i) are employed in sea-going ships as seafarers; or (Amended 23 of 1998 s. 2)
(ii) desire to be employed in sea-going ships as seafarers and in respect of whom the Superintendent has the opinion referred to in subsection (1)(b); and (Amended 23 of 1998 s. 2)
(b) Part II, containing the names of all persons who either— (Amended 16 of 2013 s. 7)
(i) are employed in coastal-going ships as seafarers; or
(ii) desire to be employed in coastal-going ships as seafarers and in respect of whom the Superintendent has the opinion referred to in subsection (1)(b). (Amended 16 of 2013 s. 7)
(5) (Repealed 16 of 2013 s. 7)

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

9. Part II of register
(1) Subject to section 12, Part II of the register shall contain only the names of those persons who are qualified under subsection (2) to have their names entered therein and, in the case of persons who desire to be employed in coastal-going ships, in respect of whom the Superintendent has the opinion referred to in section 7(1)(b).
(2) A person is qualified to have his name entered in Part II of the register where—
(a) he holds a permanent identity card;
(b) he has attained the age of 17 years; (Amended 16 of 2013 s. 9)
(c) he has passed such medical examination as to his fitness for employment in coastal-going ships as the Authority specifies;
(d) he—
(i) has satisfactorily completed a course of training at a pre-sea training school, or other school or institution, approved by the Authority for the purposes of this Ordinance, or possesses such experience as the Superintendent considers sufficient for the purposes of employment in coastal-going ships;
(ii) possesses such experience of the operation and maintenance of machinery as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; or
(iii) possesses such experience in the catering industry as the Superintendent considers sufficient for the purposes of employment in coastal-going ships; and
(e) he has not been convicted of an offence which, if he were registered, would be grounds for the removal or suspension of his name from the register unless the Authority, after consultation with the Advisory Board, otherwise approves.