Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Macau Special Administrative Region

Accommodation of Crews Convention (Revised), 1949 (No. 92) (Ratification: 1999)
Seafarers' Identity Documents Convention, 1958 (No. 108) (Ratification: 1999)

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.