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

135. Payment of remuneration to certain persons
(1) There may be paid out of the general revenue to any officer or person appointed under this Ordinance, or to any assessor, such remuneration as this Ordinance directs, or in so far as this Ordinance does not extend as the Chief Executive may direct.
(2) There may be paid out of the general revenue all costs and compensation payable by the Chief Executive or the Government pursuant to this Ordinance.
(3) The fees prescribed by the Financial Secretary under section 133 are hereby declared to be payable to the Superintendent, and the same and all other fees payable under this Ordinance may be recovered in the District Court as a civil debt.
(Amended 64 of 1999 s. 3)

136. Interpretation
In this Part, unless the context otherwise requires—

former permit (先前的許可證) means a permit which was—
(a) granted under section 34(1) of the repealed Ordinance; and
(b) in force immediately before the commencement* of this Ordinance;

former permitted company (先前的核准公司) means a company holding a former permit;
former permitted crew department (先前的核准船員部), in relation to a former permitted company, means the permitted crew department maintained by the company as such permitted crew department was constituted immediately before the commencement of this Ordinance;
former permitted crew department list (先前的核准船員部名冊), in relation to a former permitted company, means the record kept in the company’s former permitted crew department pursuant to the conditions endorsed on its former permit as such record was in force immediately before the commencement of this Ordinance;
former register (先前的登記冊) means the register kept pursuant to section 6 of the repealed Ordinance;
repealed Ordinance (已廢除條例) means the Merchant Shipping (Recruiting of Seamen) Ordinance (Cap. 135) repealed by this Ordinance;
seaman (海員) means a seaman within the meaning of section 2(1) of the repealed Ordinance.

Editorial Note:
* Commencement date: 2 September 1996.

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

137. Place appointed to be the Office
The place which was, immediately before the commencement* of this Ordinance, called the Mercantile Marine Office pursuant to section 9(1) of the Merchant Shipping Ordinance (Cap. 281) shall, on and from that commencement, be deemed to be the Office as if, on that commencement, the Secretary for Economic Services had appointed that place to be the Office pursuant to section 5(2), and the provisions of this Ordinance, and of any other enactment which refers to the Mercantile Marine Office of Hong Kong (and whether or not the words “of Hong Kong” or the Chinese characters “香港” are used), shall apply accordingly.

Editorial Note:
* Commencement date: 2 September 1996.

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

138. Registered seamen deemed to be registered seafarers, etc.
(1) Subject to this section, a seaman who was, immediately before the commencement* of this Ordinance, registered under the repealed Ordinance shall be deemed to be a seafarer registered under this Ordinance as if—
(a) in the case of a seaman whose name was entered in Part I of the former register, his name were entered in Part I of the register; and
(b) in the case of a seaman whose name was entered in Part IV of the former register, his name were entered in Part I of the register.
(2) Subsection (1) shall cease to apply to a seaman immediately upon—
(a) in the case of a seaman who is employed as a seaman in a ship on the commencement of this Ordinance, the expiration of one month immediately following the seaman’s first return to Hong Kong after ceasing to be so employed in that ship; and
(b) in any other case, the expiration of 12 months immediately following that commencement,
unless the seaman has, before the expiration of the relevant period, made an application to the Superintendent to be registered under this Ordinance, in which case that subsection shall cease to apply to that seaman immediately upon the determination of that application by the Superintendent.
(3) Where any act, matter or thing has been done under a provision of Part IV of the repealed Ordinance to or in relation to a seaman (and irrespective of whether subsection (1) applies to that seaman) then, to the extent that but for the enactment of this Ordinance that act, matter or thing would on or after the commencement of this Ordinance have had any force or effect or been in operation, then that act, matter or thing shall, in the like manner, be deemed to have been done under the corresponding provision of Part V to or in relation to the seaman as if—
(a) any reference in that corresponding provision to a seafarer were a reference to that seaman; and
(b) that act, matter or thing were, to that extent, done under that corresponding provision to or in relation to that seaman,
and the provisions of this Ordinance shall apply accordingly.

Editorial Note:
* Commencement date: 2 September 1996.

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

139. Certain unregistered seamen deemed to be registered seafarers
(1) Subject to this section, a person, other than a seaman to whom section 138(1) applies, who was, immediately before the commencement* of this Ordinance, employed as a seaman in any coastal-going ship shall be deemed to be a seafarer registered under this Ordinance as if his name were entered in Part II of the register.
(2) Subsection (1) shall cease to apply to a person immediately upon the expiration of 12 months immediately following the commencement of this Ordinance unless that person has, before the expiration of that period, made an application to the Superintendent to be registered, in which case that subsection shall cease to apply to that person immediately upon the determination of that application by the Superintendent.

Editorial Note:
* Commencement date: 2 September 1996.

140. Former permitted companies deemed to be permitted companies, etc.
Subject to section 56, a former permitted company shall be deemed to be a permitted company—
(a) for the unexpired portion of the period of validity of its former permit remaining immediately before the commencement* of this Ordinance; or
(b) until it is granted a permit,
whichever first occurs, and, for that purpose and for that period or until it is granted a permit, as the case may be—
(i) the company’s former permit shall be deemed to be a permit;
(ii) any conditions endorsed upon the company’s former permit and in force immediately before the commencement of this Ordinance shall be deemed to be conditions imposed under section 52(3) upon the company;
(iii) the company’s former permitted crew department shall be deemed to be its permitted crew department; and
(iv) the company’s former permitted crew department list shall be deemed to be its crew department record,
and the provisions of this Ordinance shall apply accordingly.

Editorial Note:
* Commencement date: 2 September 1996.