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The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to the repatriation of seamen, which is included in the first item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-third day of June of the year one thousand nine hundred and twenty-six the following Convention, which may be cited as the Repatriation of Seamen Convention, 1926, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to the repatriation of seamen, which is included in the first item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-third day of June of the year one thousand nine hundred and twenty-six the following Convention, which may be cited as the Repatriation of Seamen Convention, 1926, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
1. This Convention shall apply to all sea-going vessels registered in the 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 300 cubic metres, nor to vessels engaged in the home trade below the tonnage limit prescribed by national law for the special regulation of this trade at the date of the passing of this Convention.
1. This Convention shall apply to all sea-going vessels registered in the 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 300 cubic metres, nor to vessels engaged in the home trade below the tonnage limit prescribed by national law for the special regulation of this trade at the date of the passing of this Convention.
Article 2 For the purpose of this Convention the following expressions have the meanings hereby assigned to them, viz.:
(a) the term vessel includes any ship or boat of any nature whatsoever, whether publicly or privately owned, ordinarily engaged in maritime navigation;
(b) the term seaman includes every person employed or engaged in any capacity on board any vessel and entered on the ship's articles. It excludes masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government;
(c) the term master includes every person having command and charge of a vessel except pilots;
(d) the term home trade vessel means a vessel engaged in trade between a country and the ports of a neighbouring country within geographical limits determined by the national law.
(a) the term vessel includes any ship or boat of any nature whatsoever, whether publicly or privately owned, ordinarily engaged in maritime navigation;
(b) the term seaman includes every person employed or engaged in any capacity on board any vessel and entered on the ship's articles. It excludes masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government;
(c) the term master includes every person having command and charge of a vessel except pilots;
(d) the term home trade vessel means a vessel engaged in trade between a country and the ports of a neighbouring country within geographical limits determined by the national law.
第2條
本公約所稱的下列各名詞，其意義如下:
（a）“船舶”一詞，包括屬于任何性質(zhì)、無(wú)論公有或私有、通常從事海上航行的任何船舶。
（b）“海員”一詞，包括以任何資格受雇用或從事在任何船舶上工作并參與船舶協(xié)議條款的任何人員。但船長(zhǎng)、引航員、培訓(xùn)船上的學(xué)生、訂有適當(dāng)契約的學(xué)徒、海軍人員以及擔(dān)任政府永久職務(wù)的其他人員，均予除外。
（c）“船長(zhǎng)”一詞，包括指揮及主持一船舶的任何人員，但引航員除外。
（d）“國(guó)內(nèi)貿(mào)易船舶”一詞，系指一國(guó)與鄰國(guó)港口之間在國(guó)家法律所確定的地理界限內(nèi)從事貿(mào)易的船舶。
本公約所稱的下列各名詞，其意義如下:
（a）“船舶”一詞，包括屬于任何性質(zhì)、無(wú)論公有或私有、通常從事海上航行的任何船舶。
（b）“海員”一詞，包括以任何資格受雇用或從事在任何船舶上工作并參與船舶協(xié)議條款的任何人員。但船長(zhǎng)、引航員、培訓(xùn)船上的學(xué)生、訂有適當(dāng)契約的學(xué)徒、海軍人員以及擔(dān)任政府永久職務(wù)的其他人員，均予除外。
（c）“船長(zhǎng)”一詞，包括指揮及主持一船舶的任何人員，但引航員除外。
（d）“國(guó)內(nèi)貿(mào)易船舶”一詞，系指一國(guó)與鄰國(guó)港口之間在國(guó)家法律所確定的地理界限內(nèi)從事貿(mào)易的船舶。
Article 3
1. Any seaman who is landed during the term of his engagement or on its expiration shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation.
2. A seaman shall be deemed to have been duly repatriated if he has been provided with suitable employment on board a vessel proceeding to one of the destinations prescribed in accordance with the foregoing paragraph.
3. A seaman shall be deemed to have been repatriated if he is landed in the country to which he belongs, or at the port at which he was engaged, or at a neighbouring port, or at the port at which the voyage commenced.
4. The conditions under which a foreign seaman engaged in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. The provisions of the preceding paragraphs shall, however, apply to a seaman engaged in a port of his own country.
1. Any seaman who is landed during the term of his engagement or on its expiration shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation.
2. A seaman shall be deemed to have been duly repatriated if he has been provided with suitable employment on board a vessel proceeding to one of the destinations prescribed in accordance with the foregoing paragraph.
3. A seaman shall be deemed to have been repatriated if he is landed in the country to which he belongs, or at the port at which he was engaged, or at a neighbouring port, or at the port at which the voyage commenced.
4. The conditions under which a foreign seaman engaged in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. The provisions of the preceding paragraphs shall, however, apply to a seaman engaged in a port of his own country.
第3條
1.凡海員在受雇用期間或在受雇用期滿時(shí)被送登岸者，應(yīng)享有被送回本國(guó)或其受雇用的港口或船舶開(kāi)航的港口的權(quán)利，此應(yīng)由國(guó)家法律予以確定，國(guó)家法律應(yīng)有關(guān)于此事的必要規(guī)定，確定海員遣返費(fèi)用應(yīng)由何人負(fù)擔(dān)的條款，應(yīng)包括在內(nèi)。
2.如為海員在一船上獲得適宜的工作，而該船系向前款規(guī)定的目的地之一航行者，該海員應(yīng)視為已被適當(dāng)遣返。
3.海員如在其本國(guó)，或在其受雇用的港口，或在一鄰近港口，或在船舶開(kāi)航的港口被送登岸者，應(yīng)視為已被遣返。
4.外國(guó)海員在其本國(guó)以外的其他國(guó)家受雇用者，其享有被遣返權(quán)利的條件，應(yīng)由國(guó)家法律加以規(guī)定，如無(wú)此項(xiàng)法律規(guī)定時(shí)，應(yīng)依協(xié)議條款的規(guī)定，但前列各款的規(guī)定，應(yīng)適用于海員受雇用于其本國(guó)港口者。
1.凡海員在受雇用期間或在受雇用期滿時(shí)被送登岸者，應(yīng)享有被送回本國(guó)或其受雇用的港口或船舶開(kāi)航的港口的權(quán)利，此應(yīng)由國(guó)家法律予以確定，國(guó)家法律應(yīng)有關(guān)于此事的必要規(guī)定，確定海員遣返費(fèi)用應(yīng)由何人負(fù)擔(dān)的條款，應(yīng)包括在內(nèi)。
2.如為海員在一船上獲得適宜的工作，而該船系向前款規(guī)定的目的地之一航行者，該海員應(yīng)視為已被適當(dāng)遣返。
3.海員如在其本國(guó)，或在其受雇用的港口，或在一鄰近港口，或在船舶開(kāi)航的港口被送登岸者，應(yīng)視為已被遣返。
4.外國(guó)海員在其本國(guó)以外的其他國(guó)家受雇用者，其享有被遣返權(quán)利的條件，應(yīng)由國(guó)家法律加以規(guī)定，如無(wú)此項(xiàng)法律規(guī)定時(shí)，應(yīng)依協(xié)議條款的規(guī)定，但前列各款的規(guī)定，應(yīng)適用于海員受雇用于其本國(guó)港口者。
Article 4 The expenses of repatriation shall not be a charge on the seaman if he has 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 held responsible.
(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 held responsible.
Article 5
1. The expenses of repatriation shall include the transportation charges, the accommodation and the food of the seaman during the journey. They shall also include the maintenance of the seaman up to the time fixed for his departure.
2. When a seaman is repatriated as member of a crew, he shall be entitled to remuneration for work done during the voyage.
1. The expenses of repatriation shall include the transportation charges, the accommodation and the food of the seaman during the journey. They shall also include the maintenance of the seaman up to the time fixed for his departure.
2. When a seaman is repatriated as member of a crew, he shall be entitled to remuneration for work done during the voyage.
Article 8
1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any Member at the date on which its ratification has been registered with the International Labour Office.
1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any Member at the date on which its ratification has been registered with the International Labour Office.
Article 9 As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.
Article 12 A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 13 At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
