MERCHANT SHIPPING (ALIENS EMPLOYMENT) ORDINANCE

MERCHANT SHIPPING (ALIENS EMPLOYMENT) ORDINANCE

LAWS OF HONG KONG

MERCHANT SHIPPING (ALIENS EMPLOYMENT)
ORDINANCE

CHAPTER 80





CHAPTER 80

MERCHANT SHIPPING (ALIENS EMPLOYMENT)

To restrict the employment of aliens on certain British ships
registered in the Colony of Hong Kong.

(Amended, 4 of 1926, s. 2)

[24 March 1922.]

1. This Ordinance may be cited as the Merchant Shipping (Aliens
Employment) Ordinance

2. (1) Subject to subsection (1A), no alien shall act as master, chief
Officer or chief engineer of a British ship of over 60 tons net register
tonnage registered in the Colony: (Amended, 53 of 1982,s.2)

Provided that this prohibition shall not apply to any person who
holds a valid certificate of exemption granted by the Governor and who
complies with the conditions, if any, attached to such
exemption, or to any alien who has acted as a master, chief officer or
chief engineer of a British ship at any time during the war of 1914 to
1918 and who is certified by the Admiralty to have performed good
and faithful service in that capacity. (Amended, 33 of 1939, Supp.
Schedule, G.N. 840/40 and 4 of 1966, s. 2)

(1A) Subsection (1) shall not apply to any person who is a
Chinese resident as respects a ship engaged on a voyage within river
trade limits. (Added 53 of 1982, s. 2)

(1B) For the purposes of subsection (1A)

'Chinese resident' has the meaning assigned to it by section 2 of the
Immigration Ordinance'

'river trade limits' has the meaning assigned to it by section 2 of the
Merchant Ship Shipping Ordinance. (Added, 53 of 1982, s. 2)

(2) No alien shall act in any capacity on board a British ship of
over 300 tons net register tonnage registered in the Colony unless he
has produced to the officer before whom he is engaged satisfactory
proof of his nationality.
(Amended, 33 of of 1939, Supp. Schedule, G.N. 840/40, and 17 of 1965, Schedule)

3. Any person who engages an alien within the Colony for
employment on a British ship in contravention of the provisions of
this ordinance shall also be guilty of an offence, and where the person
guilty of an offence is a company, every director and officer of the
company shall be guilty of the like offence unless he proves that the act
constituting the offence took place without his consent or connivance.
(Amended 4 of 1926, s. 2, and 33 of 1939, Supp. Schedule, G.N. 840/40)





4. Any person who is guilty of an offence against this
Ordinance shall be liable on Summary conviction to a fine of $1,000
or to imprisonment for 6 months.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

5. A certificaite of exemption granted to any person by the
Governor in Council under the proviso to section 2(1) prior to 20
January 1966 (being the date of the commencement of the Merchant
Shipping (Aliens Employment) (Amendment) Ordinance 1966)
which continued to being force until the said 20 January 1966 shall be
deemed thereafter to have been granted by the Governor under the
proviso to section 2(1), subject to the conditions, if any, attached
thereto by the Govenor in Council. (Added, 4 of 1966, s. 3)
Originally 8 of 1922. (Cap. 80. 1950.) 4 of 1926. 33 of 1939. 17 of 1965. 4 of 1966. 53 of 1982. Short title. Employment of aliens in British ships. 1919 c. 92, s. 5. (Cap. 115.) (Cap. 281.) Persons engaging aliens for employment in contravention of the Ordinance. Penalties. Transitional provisions. (4 of 1966.)

Originally 8 of 1922. (Cap. 80. 1950.) 4 of 1926. 33 of 1939. 17 of 1965. 4 of 1966. 53 of 1982. Short title. Employment of aliens in British ships. 1919 c. 92, s. 5. (Cap. 115.) (Cap. 281.) Persons engaging aliens for employment in contravention of the Ordinance. Penalties. Transitional provisions. (4 of 1966.)

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