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一级水手证书公约

9
 

第74号公约
颁布日期:19460629  实施日期:19510714  颁布单位:西雅图

[Date of coming into force: 14 July 1951.]

The General Conference of the International Labour Organization,

Having been convened at Seattle by the Governing Body of theInternational Labour Office, and having met in its Twenty-eighth Sessionon 6 June 1946, and

Having decided upon the adoption of certain proposals with regard tothe certification of able seamen, which is included in the fifth item onthe agenda of the Session, and

Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-ninth day of June of theyear one thousand nine hundred and forty-six the following Convention,which may be cited as the Certification of Able Seamen Convention, 1946:

Article 1

No person shall be engaged on any vessel as an able seaman unless heis a person who by national laws or regulations is deemed to be competentto perform any duty which may be required of a member of the crew servingin the deck department (other than an officer or leading or specialistrating) and unless he holds a certificate of qualification as an ableseaman granted in accordance with the provisions of the followingArticles.

Article 2

1. The competent authority shall make arrangements for the holding ofexaminations and for the granting of certificates of qualification.

2. No person shall be granted a certificate of qualification unless——

(a) he has reached a minimum age to be prescribed by the competentauthority;

(b) he has served at sea in the deck department for a minimumperiod to be prescribed by the competent authority; and

(c) he has passed an examination of proficiency to be prescribedby the competent authority.

3. The prescribed minimum age shall not be less than eighteen years.

4. The prescribed minimum period of service at sea shall not be lessthan thirty-six months: Provided that the competent authority may——

(a) permit persons with a period of actual service at sea of notless than twenty-four months who have successfully passed through a courseof training in an approved training school to reckon the time spent insuch training, or part thereof, as sea service; and

(b) permit persons trained in approved sea-going training shipswho have served eighteen months in such ships to be certificated as ableseamen upon leaving in good standing.

5. The prescribed examination shall provide a practical test of thecandidate's knowledge of seamanship and of his ability to carry outeffectively all the duties that may be required of an able seaman,including those of a lifeboatman; it shall be such as to qualify asuccessful candidate to hold the special lifeboatman's certificateprovided for in Article 22 of the International Convention for the Safetyof Life at Sea, 1929, or in the corresponding provision of any subsequentConvention revising or replacing that Convention for the time being inforce for the territory concerned.

Article 3

A certificate of qualification may be granted to any person who, atthe time of the entry into force of this Convention for territoryconcerned, is performing the full duties of an able seaman or leading deckrating or has performed such duties.

Article 4

The competent authority may provide for the recognition ofcertificates of qualification issued in other territories.

Article 5

The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

Article 6

1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

Article 7

1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention comesinto force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

Article 8

1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

Article 9

The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

Article 10

At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

Article 11

1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

(a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 7 above, if and when the newrevising Convention shall have come into force;

(b) as from the date when the new revising Convention comes intoforce, this Convention shall cease to be open to ratification by theMembers.

2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

Article 12

The English and French versions of the text of this Convention areequally authoritative

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