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海员遣返公约 CONVENTION No.23 Convention concerning the Repatriation of Seamen

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颁布日期:19260623 实施日期:19280416 颁布单位:日内瓦

  [Date of coming into force: 16 April 1928.]

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Ninth Session on 7June 1926, and

  Having decided upon the adoption of certain proposals with regard tothe repatriation of seamen, which is included in the first item of theagenda of the Session, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-third day of June of theyear one thousand nine hundred and twenty-six the following Convention,which may be cited as the Repatriation of Seamen Convention, 1926, forratification by the Members of the International Labour Organization inaccordance with the provisions of the Constitution of the InternationalLabour Organization:

  Article 1

  1. this Convention shall apply to all sea-going vessels registered inthe country of any Member ratifying this Convention, and to the owners,masters and seamen of such vessels.

  2. It shall not apply to

  (a) ships of war,

  (b) Government vessels not engaged in trade,

  (c) vessels engaged in the coasting trade,

  (d) pleasure yachts,

  (e) Indian country craft,

  (f) fishing vessels,

  (g) vessels of less than 100 tons gross registered tonnage or 300cubic metres, nor to vessels engaged in the home trade below the tonnagelimit prescribed by national law for the special regulation of this tradeat the date of the passing of this Convention.

  Article 2

  For the purpose of this Convention the following expressions have themeanings hereby assigned to them, viz.:

  (a) the term “vessel” includes any ship or boat of any naturewhatsoever, whether publicly or privately owned, ordinarily engaged inmaritime navigation;

  (b) the term “seaman” includes every person employed or engaged inany capacity on board any vessel and entered on the ship's articles. Itexcludes masters, pilots, cadets and pupils on training ships and dulyindentured apprentices, naval ratings, and other persons in the permanentservice of a Government;

  (c) the term “master” includes every person having command andcharge of a vessel except pilots;

  (d) the term “home trade vessel” means a vessel engaged in tradebetween a country and the ports of a neighbouring country withingeographical limits determined by the national law.

  Article 3

  1. Any seaman who is landed during the term of his engagement or onits expiration shall be entitled to be taken back to his own country, orto the port at which he was engaged, or to the port at which the voyagecommenced, as shall be determined by national law, which shall contain theprovisions necessary for dealing with the matter, including provisions todetermine who shall bear the charge of repatriation.

  2. A seaman shall be deemed to have been duly repatriated if he hasbeen provided with suitable employment on board a vessel proceeding to oneof the destinations prescribed in accordance with the foregoing paragraph.

  3. A seaman shall be deemed to have been repatriated if he is landedin the country to which he belongs, or at the port at which he wasengaged, or at a neighbouring port, or at the port at which the voyagecommenced.

  4. The conditions under which a foreign seaman engaged in a countryother than his own has the right to be repatriated shall be as provided bynational law or, in the absence of such legal provisions, in the articlesof agreement. The provisions of the preceding paragraphs shall, however,apply to a seaman engaged in a port of his own country.

  Article 4

  The expenses of repatriation shall not be a charge on the seaman if hehas been left behind by reason of——

  (a) injury sustained in the service of the vessel, or

  (b) shipwreck, or

  (c) illness not due to his own wilful act or default, or

  (d) discharge for any cause for which he cannot be heldresponsible.

  Article 5

  1. The expenses of repatriation shall include the transportationcharges, the accommodation and the food of the seaman during the journey.They shall also include the maintenance of the seaman up to the time fixedfor his departure.

  2. When a seaman is repatriated as member of a crew, he shall beentitled to remuneration for work done during the voyage.

  Article 6

  The public authority of the country in which the vessel is registeredshall be responsible for supervising the repatriation of any member of thecrew in cases where this Convention applies, whatever may be hisnationality, and where necessary for giving him his expenses in advance.

  Article 7

  The formal ratifications of this Convention, under the conditions setforth in the Constitution of the International Labour Organization, shallbe communicated to the Director-General of the International Labour Officefor registration.

  Article 8

  1. This Convention shall come into force at the date on which theratifications of two Members of the International Labour Organization havebeen registered by the Director-General.

  2. It shall be binding only upon those Members whose ratificationshave been registered with the International labour Office.

  3. Thereafter, the Convention shall come into force any Member at thedate on which its ratification has been registered with the InternationalLabour Office.

  Article 9

  As soon as the ratifications of two Members of the InternationalLabour Organization have been registered with the International LabourOffice, the Director-General of the International Labour Office shall sonotify all the Members of the International Labour Organization. He shalllikewise notify them of the registration of ratifications which may becommunicated subsequently by other Members of the Organization.

  Article 10

  Subject to the provisions of Article 8, each Member which ratifiesthis Convention agrees to bring the provisions of Article 1, 2, 3, 4, 5and 6 into operation not later than 1 January 1928, and to take suchaction as may be necessary to make these provisions effective.

  Article 11

  Each Member of the International Labour Organization which ratifiesthis Convention engages to apply it to its colonies, possessions andprotectorates, in accordance with the provisions of article 35 of theConstitution of the International Labour Organization.

  Article 12

  A Member which has ratified this Convention may denounce it after theexpiration of ten years from the date on which the Convention first 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 withthe International Labour Office.

  Article 13

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 14

  The French and English texts of this Convention shall both beauthentic.

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