Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 30

Application to persons employed on non-Hong Kong ships

(Past version on 30/06/1997).

Amendments retroactively made - see 23 of 1998 s. 2

(1) If the employer submits or has agreed to submit to the jurisdiction of the
Court, then, notwithstanding that the accident causing the personal injury
occurred outside Hong Kong, this Ordinance shall apply, subject to the
modifications in subsections (2) and (3) and section  30A , to seafarers who
are employees within the meaning of this Ordinance and, having been recruited
or engaged in Hong Kong, are members of the crew of a ship which is not a
Hong Kong ship as defined in section 29(4). (Amended 44 of 1980 s. 15; 59 of
1988 s. 9; 44 of 1995 s. 143; 23 of 1998 s. 2)

(2) The notice of accident and the claim for compensation may be given to the
master of the ship as if he were the employer, but where the accident occurred
and the incapacity commenced on board the ship it shall not be necessary to
give any notice of the accident. (Replaced 76 of 1982 s. 23)

(3) In the case of the death of a seafarer to whom this section applies, the
application for compensation shall be made within 2 years after the death
occurred or, where the ship has been or is deemed to have been lost with all
hands, within 2 years after the date on which the ship was, or is deemed to
have been, so lost. (Amended 44 of 1995 s. 143)

(4) (Repealed 59 of 1988 s. 9)

(5) In this section-

"seafarer" (海員) has the meaning that it has for the purposes of the
Merchant Shipping (Seafarers) Ordinance ( Cap 478). (Replaced 44 of 1995 s.
143) (Added 55 of 1969 s. 21A. Amended 23 of 1998 s. 2)

"seafarer" (海員)