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Accommodation of Crews Convention (Revised), 1949 (No. 92) - Macau Special Administrative Region (RATIFICATION: 1999)

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The Committee notes the Government’s report on the application of Conventions Nos 92 and 108. In order to provide an overview of the issues to be addressed in relation to the application of maritime labour Conventions, the Committee considers it appropriate to examine these instruments in a single comment, as set out below.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Article 1 of the Convention. Scope of application. The Committee notes the information provided by the Government that, according to the report of the Maritime and Water Affairs Bureau, there are no ships applicable to this Convention among those registered in the Macau Special Administrative Region (SAR). It also notes that the Government refers to the Guide for the Inspection of Local Vessels (hereinafter, the Guide) for the inspection of local merchant and auxiliary vessels with a length of 20 meters or more, which was published through Notification No.4/2016 of the Maritime and Water Affairs Bureau in the Bulletin of Macau SAR Gazette on 23 November 2016. The Government specifies that Chapter 6 “Equipment of Crew Cabin” of the Guide applies to motor merchant vessels of 500 gross tonnage or more, merchant and auxiliary vessels of 1,000 gross tonnage or more as well as, where applicable, merchant vessels, auxiliary vessels and tugboats of 200 gross tonnage or more. The Government further informs that the Guide incorporates the specific technical requirements of the Convention and that no new constructed vessel which would be covered by the Guide was registered during the reporting period. Noting the adoption of the above-mentioned “Guide for the inspection of local vessels”, the Committee requests the Government to provide information concerning any new developments that would bring to bear the application of the Convention and to indicate the number of ships of 200 tons and above registered in the Macau SAR.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 3. Continuous possession of seafarer’s identity document. The Committee previously requested the Government to indicate how it gives effect to this Article of the Convention. It notes the Government’s reference to section 2, paragraph 3, of Decree No. 12/99 /M of 22 March 1999, which stipulates that the identity document must be held by the seafarer and shall be presented upon request by the maritime, consular or police authority. The Committee takes note of this information which addresses its previous request.

Article 4(2), (3) and (6). Form and content. The Committee requested the Government in its previous comment to revise the standard seafarer’s identity document in order to include the place of issue, the holder’s place of birth and physical characteristics, as required under the Convention. It notes the Government’s indication that there are no developments in this regard. The Committee requests the Government to take the necessary measures as soon as possible to ensure full conformity with this Article of the Convention. The Committee further requests the Government to provide, once revised, a copy of the new identity document.

Article 5(2). Readmission to the territory. The Committee previously requested the Government to take the necessary action to ensure that seafarers be readmitted into the Macau SAR at least for one year after the expiration date of their identity document. The Committee notes the Government’s indication that, although there is no formal legislation explicitly addressing this matter, the security police station responsible for the entry and exit of the SAR follows the provisions of the present Convention, thus permitting seafarers holding an identity document to enter the territory at least one year after its expiration. The Committee observes however that, in the absence of a legal framework, consistent compliance with this requirement of the Convention cannot be ensured. The Committee therefore requests the Government once again to adopt the necessary measures in order to comply in law and in practice with this provision of the Convention.

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In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Article 1. Scope of application. The Committee recalls its previous comment, which noted the Government’s indication that the vessels registered in the Macau Special Administrative Region do not fall within the scope of the Convention because they operate locally or along the coast, are mostly fishing vessels and auxiliary vessels and do not exceed 500 gross tonnes. The Committee notes the Government’s indication in its report that the vessels registered in its territory continue to fall outside the scope of the Convention, but that it would continue to inform the Committee of any updates in this respect. The Committee also notes the Government’s information that, in 2013, it overhauled the Maritime Administration and renamed it the Marine and Water Bureau (DSAMA), in accordance with Administrative Regulation No. 14/2013. The Committee notes that, under the regulations, the DSAMA is mandated to exercise maritime authority, promote the development of maritime activities and ensure compliance with international documents, laws and regulations in relation to maritime and port activities and maritime safety. The Committee requests the Government to provide updated information concerning any new developments that would have a bearing on the application of the Convention, as well as to provide updated information with regards to developments under the DSAMA.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 3. Continuous possession of seafarer’s identity document. The Committee recalls that Article 3 of the Convention requires that the seafarer’s identity document must remain in the seafarer’s possession at all times. The Committee requests the Government to indicate the measures taken or envisaged in order to ensure conformity with this Article of the Convention.

Article 4(2), (3) and (6). Form and content. Consultation. The Committee requested the Government in its previous comment to revise the standard seafarer’s identity document in order to include the place of issue, the holder’s place of birth and physical characteristics, as required under the Convention. It notes the Government’s indication that it will take into consideration the points raised by the Committee when the standard identity document is revised in the future. The Committee requests the Government to take the necessary measures as soon as possible in consultation with the shipowners’ and seafarers’ organizations concerned, as required by this Article of the Convention. The Government is requested to continue to provide information on any progress made in this regard, and, once revised, a copy of the new identity document.

Article 5(2). Readmission to the territory. The Committee requested in its previous comments to clarify legal provisions that would allow seafarers to be readmitted into the Macau Special Administrative Region (MSAR) at least for one year after the expiration date of their identity document. It notes the Government’s reply in its report that there are currently no legal provisions providing for this matter. The Committee requests the Government to take the necessary action to include legal provisions implementing this Article of the Convention.

Application of the Convention. Competent Authority. The Committee notes the information provided by the Government that, by virtue of Administrative Regulation No. 14/2013 regarding the Organization and Operation of Marine and Water Bureau, the DSAMA is now the competent authority in the MSAR, administering matters related to seafarers, including seafarers’ registration.

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Article 1(3) of the Convention. Scope of application. The Committee notes the Government’s indication that at present the vessels registered in the Macau Special Administrative Region operate locally or along the coast, are mostly fishing vessels and auxiliary vessels, and do not exceed 500 tonnes. Recalling that the Convention does not apply to vessels of less than 500 tonnes, the Committee requests the Government to indicate in future reports any new developments which would have a bearing on the application of the Convention.

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The Committee notes the Government’s indication in its report that one of the pillars of the legal system of Macau, which is based on the civil law tradition, is that international law and internal law form part of the same judicial system and operate simultaneously with respect to the same matters. According to the Government, there is no need for the incorporation of international law into internal law for the purpose of its application. However, one or more clauses of an international agreement may require enforcement regulations. In such cases, even though the provisions of treaties remain directly applicable, they still need to be implemented through internal legislative measures. In case of Convention No. 92, no local legislation has been established on this matter, since the Government claimed that the provisions of this Convention were sufficiently explicit as regards the scope of their application. The Government further pointed out that the supervision of the application of Convention No. 92 in Macau is exercised by the Labour and Employment Services Directorate in conjunction with the Port Authority of Macau.

The Committee recalls that, under Article 3, paragraph 1, of the Convention, each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention. These laws or regulations shall, in particular, provide for the maintenance of a system of inspection adequate to ensure effective enforcement (Article 3, paragraph 2(d)). The Committee also recalls that a number of provisions of Convention No. 92 require a national authority to take specific steps for its implementation.

The Committee asks the Government to specify when action will be taken to make effective those provisions of the Convention which require a national authority to take steps for its implementation, notably Article 8, paragraph 5, and Article 13, paragraph 6, of the Convention.

It also requests the Government to indicate how it ensures that the Labour and Employment Services Directorate and the Port Authority of Macau verify compliance of ships registered in Macau with every specific requirement of Convention No. 92. It further asks the Government to provide information on the number and results of inspections and investigation of complaints as well as penalties imposed (Article 3, paragraph 2(c) and (d), Article 5, paragraph (c), Part III of the report form) and information on any practical difficulties (Part V of the report form).