Hong Kong Ordinances

MERCHANT SHIPPING (SAFETY) ORDINANCE - SECT 73

Owners' obligation to secure safety of ships

(1) In every contract of service, express or implied, between the owner of a
ship registered in Hong Kong and the master or any seaman thereof, there shall
be implied, notwithstanding any agreement to the contrary, an obligation on
the owner of the ship that-

   (a)  the owner of the ship;

   (b)  the master of the ship; and

   (c)  every agent of the owner of the ship charged with-

        (i)    the loading of the ship;

        (ii)   the preparing of the ship for sea; or

        (iii)  the sending of the ship to sea, shall use all reasonable means
               to ensure the safety of the ship for the voyage at the time
               when the voyage commences and to keep it in a safe condition
               during the voyage.

(2) Nothing in this section shall subject the owner of a ship to any liability
by reason of the ship being sent to sea in an unseaworthy state where, owing
to special circumstances, the sending of the ship to sea in such a state was
reasonable and justifiable.