Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance provide for the forcible return of seamen on board ship. The Committee notes the Government’s indication in its report that the Harbour and Merchant Shipping Act (which seems to correspond to the former Harbours and Merchant Shipping Ordinance) has still not been amended.

Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, where it pointed out that under the Convention the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons, the Committee reiterates its hope that the Government will soon be in a position to indicate the action taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

It also requests the Government to supply a copy of the Revised Edition (2000) of the Harbours and Merchant Shipping Act (Chapter 234), referred to by the Government in its report.