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

93. Protection of certain rights and remedies
(1) Subject to subsection (2), a seafarer’s lien, his remedies for the recovery of his wages, his right to wages in case of the wreck or loss of his ship, and any right he may have or obtain in the nature of salvage shall not be capable of being renounced by any agreement.
(2) Subsection (1) shall not affect such of the terms of any agreement made with the seafarer belonging to a ship which, in accordance with the agreement, is to be employed on salvage service, as provide for the remuneration to be paid to them for salvage services rendered by that ship.

95. Lists of crew
(1) Except as provided by regulations made under this section, the master of a Hong Kong ship shall make and maintain a list of the crew containing such particulars as are required by the regulations.
(2) 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) specifying the particulars to be entered in a list of the crew;
(b) limiting the time for which a list of the crew shall remain in force;
(c) providing for the maintenance by such persons and either in such place as is specified in the regulations or, if it is so specified, in the ship of a copy or copies of each list of a crew, and for the notification to such persons of any changes therein;
(d) for the production of a list of the crew to such persons, in such circumstances and within such time as are specified in the regulations; and
(e) for the delivery to the Superintendent, in such circumstances as are specified in the regulations, of a list of the crew or a copy thereof maintained under the regulations and for the notification to him of any changes in such a list.
(3) Regulations made under this section may enable a list of the crew to be contained in the same document as a crew agreement and may treat any particulars entered in the crew agreement as forming part of the particulars entered in the list.
(4) Regulations made under this section may provide for the delivery to the Superintendent, in such circumstances as are specified in the regulations, of copies of the certificates of competency or of service, or licences, and any other certificates and endorsements, required by this Ordinance to be held by persons entered in a list of the crew.
(5) Regulations made under this section may exempt from the requirements thereof such descriptions of ship as are specified in the regulations and may make different provision for different circumstances.

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

96. Regulations relating to health, safety and welfare of seafarers
(1) The Secretary for Transport and Logistics may make regulations— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) for securing the health, safety and welfare of seafarers employed in, or persons carried on board—
(i) any Hong Kong ship; or
(ii) any other ship while it is within the waters of Hong Kong; and
(b) for giving effect to any provisions of any international agreement applicable to Hong Kong so far as the agreement relates to the health, safety or welfare of seafarers or persons referred to in paragraph (a).
(2) Without prejudice to the generality of subsection (1), regulations made under this section may, in particular, prescribe or provide for—
(a) the maintenance of safe working conditions and safe means of access for seafarers employed in ships;
(b) the investigation and reporting of accidents and dangerous occurrences on board, and of injuries sustained by seafarers employed in, ships;
(c) the carriage on board ships of copies of such regulations, directions or other information as are specified;
(d) the medical standards to be met by seafarers employed in ships, the grant or refusal of certificates in respect of such standards and the hearing of appeals relating to such grants or refusals;
(e) the employment in ships of persons qualified to attend to the health and safety of seafarers and other persons on such ships;
(f) the furnishing of information;
(g) the maximum number of hours for which seafarers are required or permitted to work continuously in specified operations or in specified circumstances in ships;
(h) the issue of guidelines by the Superintendent in respect of provisions and water to be provided on ships.

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

97. Regulations relating to crew accommodation
(1) The Secretary for Transport and Logistics may make regulations with respect to the crew accommodation to be provided in 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, in particular—
(a) prescribe the minimum space per man which must be provided by way of sleeping accommodation for crew and the maximum number of persons by whom a specified part of such sleeping accommodation may be used;
(b) regulate the position in the ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation;
(c) require the submission to a surveyor of ships of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of crew accommodation and authorize the surveyor to inspect any such works; and
(d) provide for the maintenance and repair of crew accommodation and prohibit or restrict the use of any such accommodation for purposes other than those for which it is designed.
(3) The Authority may grant exemptions from all or any of the provisions of the regulations made under this section for classes of cases or individual cases on such conditions, if any, as he thinks fit and may, subject to giving reasonable notice, alter or cancel any such exemption.
(4) Regulations made under this section may make different provision with respect to different descriptions of ships or with respect to ships which were registered in Hong Kong at different dates or the construction of which was begun at different dates and with respect to crew accommodation provided for seafarers of different descriptions.
(5) Regulations made under this section may require the master of a ship or any officer authorized by him for the purpose to carry out such inspections of the crew accommodation as are specified in the regulations.
(6) (Repealed 16 of 2013 s. 57)(7) In this section crew accommodation (船員艙房) includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seafarers but does not include any accommodation which is also used by or provided for the use of passengers.