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海员体格检查公约 CONVENTION No. 73 Convention concerning the Medical Examination ofSeafarers

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第73号公约
颁布日期:19460629 实施日期:19550817 颁布单位:西雅图

  [Date of coming into force: 17 August 1955.]

  The General Conference of the International Labour Organization,

  Having been convened at Seattle by the Governing Body of theInternational Labour Office, and having met in its Twenty-eighth Sessionon 6 June 1946, and

  Having decided upon the adoption of certain proposals with regard tothe medical examination of seafarers, which is included in the fifth itemon the agenda of the Session, and

  Having determined that these proposals shall take the form of aninternational Convention,

  adopts this twenty-ninth day of June of the year one thousand ninehundred and forty-six the following Convention, which may be cited as theMedical Examination (Seafarers) Convention, 1946:

  Article 1

  1. This Convention applies to every sea-going vessel, whether publiclyor privately owned, which is engaged in the transport of cargo orpassengers for the purpose of trade and is registered in a territory forwhich this Convention is in force.

  2. National laws or regulations shall determine when vessels are to beregarded as seagoing.

  3. This Convention does not apply to——

  (a) vessels of less than 200 tons gross register tonnage;

  (b) wooden vessels of primitive build such as dhows and junks;

  (c) fishing vessels;

  (d) estuarial craft.

  Article 2

  Without prejudice to the steps which should be taken to ensure thatthe persons mentioned below are in good health and not likely to endangerthe health of other persons on board, this Convention applies to everyperson who is engaged in any capacity on board a vessel except——

  (a) a pilot (not a member of the crew);

  (b) persons employed on board by an employer other than theshipowner, except radio officers or operators in the service of a wirelesstelegraphy company;

  (c) travelling dockers (longshoremen) not members of the crew;

  (d) persons employed in ports who are not ordinarily employed atsea.

  Article 3

  1. No person to whom this Convention applies shall be engaged foremployment in a vessel to which this Convention applies unless he producesa certificate attesting to his fitness for the work for which he is to beemployed at sea signed by a medical practitioner or, in the case of acertificate solely concerning his sight, by a person authorised by thecompetent authority to issue such a certificate.

  2. Provided that, for a period of two years from the date of the entryinto force of this Convention for the territory concerned, a person may beso engaged if he produces evidence that he has been employed in asea-going vessel to which this Convention applies for a substantial periodduring the previous two years.

  Article 4

  1. The competent authority shall, after consultation with theshipowners' and seafarers' organizations concerned, prescribe the natureof the medical examination to be made and the particulars to be includedin the medical certificate.

  2. When prescribing the nature of the examination, due regard shall behad to the age of the person to be examined and the nature of the dutiesto be performed.

  3. In particular, the medical certificate shall attest——

  (a) that the hearing and sight of the person and, in the case of aperson to be employed in the deck department (except for certainspecialist personnel, whose fitness for the work which they are to performis not liable to be affected by defective colour vision), his colourvision, are all satisfactory; and

  (b) that he is not suffering from any disease likely to beaggravated by, or to render him unfit for, service at sea or likely toendanger the health of other persons on board.

  Article 5

  1. The medical certificate shall remain in force for a period notexceeding two years from the date on which it was granted.

  2. In so far as a medical certificate relates to colour vision itshall remain in force for a period not exceeding six years from the dateon which it was granted.

  3. If the period of validity of a certificate expires in the course ofa voyage the certificate shall continue in force until the end of thatvoyage.

  Article 6

  1. In urgent cases the competent authority may allow a person to beemployed for a single voyage without having satisfied the requirements ofthe preceding articles.

  2. In such cases the terms and conditions of employment shall be thesame as those of seafarers in the same category holding a medicalcertificate.

  3. Employment in virtue of this Article shall not be deemed on anysubsequent occasion to be previous employment for the purpose of Article3.

  Article 7

  The competent authority may provide for the acceptance in substitutionfor a medical certificate of evidence in a prescribed form that therequired certificate has been given.

  Article 8

  Arrangements shall be made to enable a person who, after examination,has been refused a certificate to apply for a further examination by amedical referee or referees who shall be independent of any shipowner orof any organization of shipowners or seafarers.

  Article 9

  Any of the functions of the competent authority under this Conventionmay, after consultation with the organizations of shipowners andseafarers, be discharged by delegating the work, or part of it, to anorganization or authority exercising similar functions in respect ofseafarers generally.

  Article 10

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 11

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force six months after the date on which therehave been registered ratifications by seven of the following countries:United States of America, Argentine Republic, Australia, Belgium, Brazil,Canada, Chile, China, Denmark, Finland, France, United Kingdom of GreatBritain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands,Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including atleast four countries each of which has at least one million gross registertons of shipping. This provision is included for the purpose offacilitating and encouraging early ratification of the Convention byMember States.

  3. Thereafter, this Convention shall come into force for any Membersix months after the date on which its ratification has been registered.

  Article 12

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention comesinto force, by an act communicated to the Director-General of theInternational Labour Office for registration, Such denunciation shall nottake effect until one year after the date on which it is registered.

  2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 13

  1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the last of the ratifications required to bring the Convention intoforce, the Director-General shall draw the attention of the Members of theOrganization to the date upon which the Convention will come into force.

  Article 14

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingarticles.

  Article 15

  At the expiration of each period of ten years after the coming intoforce of this Convention, the Governing Body of the International LabourOffice shall present to the General Conference a report on the working ofthis Convention and shall consider the desirability of placing on theagenda of the Conference the question of its revision in whole or in part.

  Article 16

  1. should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 12 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revision Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 17

  The English and French versions of the text of this Convention areequally authoritative.

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