Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Macau Special Administrative Region

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

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.