Cap. 478A 《商船(海員)(家屬糧)規例》Merchant Shipping (Seafarers) (Allotments) Regulation

生效中

版本日期: 2020-03-19

Cap. 478

Cap. 478B

Merchant Shipping (Seafarers) (Allotments) Regulation

(Cap. 478, sections 89 and 134)

(Enacting provision omitted—E.R. 2 of 2020)

[2 September 1996] L.N. 342 of 1996

(Format changes—E.R. 2 of 2020)

1.

(Omitted as spent—E.R. 2 of 2020)

2. Interpretation

In this Regulation, unless the context otherwise requires—

ship (船舶) means a Hong Kong ship.

3. Application

This Regulation shall apply to every seafarer employed under a crew agreement.

4. Circumstances in which a seafarer may make an allotment

Subject to section 5, a seafarer employed under a crew agreement relating to one or more ships who— (L.N. 70 of 2016)

(a)

is not exempted from the requirements of section 80 of the Ordinance by regulations made under that section; or

(b)

is employed in a ship which is not exempted from those requirements by those regulations,

may at any time while he is so employed, by means of an allotment note issued in accordance with this Regulation, allot all or a part of his wages to any person or persons. (L.N. 70 of 2016)

5. Limitation on issue of allotment notes

(1)

Unless the seafarer’s employer or the master otherwise agrees, a seafarer employed to work on board a coastal-going ship shall not— (L.N. 70 of 2016)

(a)

allot more than one half of his wages; or

(b)

allot that part of his wages to more than 2 persons.

(2)

For the purposes of calculating the proportion of a seafarer’s wages specified in subsection (1)(a), the wages of the seafarer shall be taken to be his wages calculated at the rate stipulated in the crew agreement under which he is employed without any addition (including overtime payments) or deduction.

6. Times and intervals of payments under allotment notes

Unless the seafarer’s employer or the master otherwise agrees—

(a)

the first sum payable under an allotment note shall be payable not less than 1 month from the date on which the allotment note is issued and subsequent sums shall become payable at regular intervals of not less than 1 month reckoned from the date when the first sum is payable; and

(b)

no sum shall be payable under an allotment note before the seafarer has earned any of the wages allotted by it.

7. Form of allotment notes

(1)

An allotment note shall be in the form prescribed in the Schedule.

(2)

The Authority may, by notice published in the Gazette, amend the Schedule.

Schedule — Form of Allotment Note

[s. 7]

MERCHANT SHIPPING (SEAFARERS) ORDINANCE
(Cap. 478)MERCHANT SHIPPING (SEAFARERS) (ALLOTMENTS) REGULATIONSEAFARER’S ALLOTMENT NOTE(A separate form must be used for each allotment)

I,					, employed in
(name of seafarer)


(name of ship, its port of registry and official number)

require you
(name and address of employer)

to pay to
(names and addresses of persons to whom


the allotment is made)

the sum of	on
(amount of each payment)	(date of first payment)

and at intervals of
(intervals at which payments are to be made)

thereafter until				payments have been
(number of payments*)

made or until the crew agreement under which I am now employed is terminated or until 7 days after I have given notice in writing of revocation of this allotment note to you or to the master of my ship, whichever shall be the earlier.
		Signed:
			(Signature of seafarer)

		Date:

Acknowledgement by employer or master I acknowledge receipt of this allotment note. **My agreement to its issue is not required under the Regulation.
**I agree to its issue.
		Signed:
			(Signature of master or of other person on behalf of the employer of the seafarer)

		Date: