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

47. Emergency employment procedures
(1) Where a registered person is to be accepted for employment or employed in a ship pursuant to section 40(6), the employer concerned shall complete in respect of that person an emergency employment card in the prescribed form so as to contain the particulars required thereby.
(2) Where a registered person referred to in subsection (1) signs the articles of agreement for employment in the ship referred to in that subsection or enters into any other agreement for employment in that ship, the person’s employment registration book and the emergency employment card referred to in that subsection shall be produced, at the time he so signs—
(a) to the Superintendent or the consular officer; or
(b) where the articles of agreement or other agreement for employment are not signed in the presence of the Superintendent or the consular officer, to the master of the ship.
(3) Where a registered person has under this section been employed in a ship, the employer concerned shall, not later than 2 working days after the employment commenced, and at the same time— (Amended 16 of 2013 s. 31)
(a) deliver to the Superintendent—
(i) the emergency employment card completed in respect of the person pursuant to subsection (1); and
(ii) a notice in the prescribed form containing such particulars with respect to the employment of the person as is required by the form and a statement of the reason for the employment of the person pursuant to section 40(6); and
(b) pay in respect of the person— (Amended 16 of 2013 s. 31)
(i) the prescribed fee for employing the person pursuant to section 40(6); and
(ii) the prescribed fee for employing the person.
(4) A notice delivered to the Superintendent pursuant to subsection (3)(a)(ii) may relate to more than one registered person.
(5) Where a registered person who is being accepted for employment or employed in a ship pursuant to section 40(6) signs the articles of agreement for employment in that ship or enters into any other agreement for employment in that ship, and the emergency employment card and the person’s employment registration book are not at the time he so signs produced to the Superintendent or the consular officer or the master of the ship in accordance with subsection (2), then the employer concerned commits an offence and is liable on conviction to a fine at level 2.
(6) Where there is a contravention of subsection (1) or (3), the employer concerned commits an offence and is liable on conviction to a fine at level 2.
(Amended 16 of 2013 s. 31)

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

48. Re-employment of registered persons
(Amended 16 of 2013 s. 2)(1) Where, at any time before a registered person, including a registered person listed and employed by a permitted company, is discharged from a ship on the termination of his employment agreement, the employer concerned has notified the Superintendent, by delivering to him, together with the prescribed fee, a re-employment card in the prescribed form containing such particulars as are required thereby, that the person is to be re-employed in that ship, then, not later than 30 days after his discharge from that ship, the person may be re-employed therein otherwise than at or through the Office, and without payment of any other fee, if, at the time he is re-employed, he is registered and his registration is not for the time being suspended under this Ordinance and, in the case of a person employed by a permitted company, his name is listed with that company.
(2) Where a re-employment card is delivered to the Superintendent pursuant to subsection (1), the Superintendent shall enter therein the date on which he received it and return it to the employer who delivered it to him.
(3) Where a registered person who is being re-employed in a ship pursuant to subsection (1) signs the articles of agreement for employment in that ship or enters into any other agreement for employment therein, there shall be produced to the Superintendent or the consular officer at the time the person so signs— (Amended 16 of 2013 s. 2)
(a) the re-employment card delivered to the Superintendent pursuant to subsection (1); and
(b) the person’s employment registration book.
(4) Where a registered person who is being re-employed in a ship pursuant to subsection (1) signs the articles of agreement for employment in that ship or enters into any other agreement for employment therein, and the re-employment card and the person’s employment registration book are not at the time he so signs produced to the Superintendent or the consular officer in accordance with subsection (3), the master of the ship and the employer concerned each commits an offence and is liable on conviction to a fine at level 2.
(5) In proceedings for an offence under this section, it shall be a defence for the defendant to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence or, in the case of the master of the ship concerned, that he was not present at the time the articles of agreement or other agreement concerned were or was signed.
(Amended 16 of 2013 s. 2)

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

49. Return of employment and re-employment cards to Superintendent
(1) Where all the registered persons who have been selected for employment in a ship in accordance with this Part have been employed or re-employed, the employer concerned shall, not later than 7 working days after the last day of the month during which the employment or re-employment commenced, and at the same time, deliver to the Superintendent— (Amended 16 of 2013 s. 2)
(a) the employment card issued under section 44(1) or 45(2) in respect of each registered person selected or employed in that ship;
(b) the re-employment card delivered to the Superintendent pursuant to section 48(1) in respect of each registered person re-employed in that ship, which shall contain, in addition to the particulars entered therein pursuant to that section, particulars of the date on which the person was so re-employed; and
(c) a notice in the prescribed form specifying the total number of registered persons employed or re-employed in that ship and containing such other particulars as are required thereby. (Amended 16 of 2013 s. 2)
(2) Where there is a contravention of subsection (1), the employer concerned commits an offence and is liable on conviction to a fine at level 2.