中华人民共和国海商法（三）

Section 1 Basic Principles

Article 31 The term “crew” means the entire complement of the ship， including the Master.

Article 32 The Master， deck officers， chief engineer， engineers， electrical engineer and radio operator must be those in possession of appropriate certificates of competency.

Article 33 Chinese “crew” engaged in international voyages must possess Seaman's Book and other relevant certificates issued by the harbour superintendency authorities of the People's Republic of China.

Article 34 In the absence of specific stipulations in this Code as regards the employment of the crew as well as their labour-related rights and obligations， the provisions of the relevant laws and administrative rules and regulations shall apply.

Section 2 The Master

Article 35 The Master shall be responsible for the management and navigation of the ship.

Orders given by the Master within the scope of his functions and powers must be carried out by other members of the crew， the passengers and all persons on board.

The Master shall take necessary measures to protect the ship and all persons on board， the documents， postal matters， the goods as well as other property carried.

Article 36 To ensure the safety of the ship and all persons on board， the Master shall be entitled to confine or take other necessary measures against those who have committed crimes or violated laws or regulations on board， and to guard against their concealment， destruction or forging of evidence.

The Master， having taken actions as referred to in the preceding paragraph of this Article， shall make a written report of the case， which shall bear the signature of the Master himself and those of two or more others on board， and shall be handed over， together with the offender， to the authorities concerned for disposition.

Article 37 The Master shall make entries in the log book of any occurrence of birth or death on board and shall issue a certificate to that effect in the presence of two witnesses. The death certificate shall be attached with a list of personal belongings of the deceased， and attestation shall be given by the Master to the will， if any， of the deceased. Both the death certificate and the will shall be taken into safe keeping by the Master and handed over to the family members of the deceased or the organizations concerned.

Article 38 Where a sea casualty has occurred to a ship and the life and property on board have thus been threatened，the Master shall， with crew members and other persons on board under his command， make best efforts to run to the rescue. Should the foundering and loss of the ship have become inevitable， the Master may decide to abandon the ship. However， such abandonment shall be reported to the ship owner for approval except in case of emergency.

Upon abandoning the ship， the Master must take all measures first to evacuate the passengers safely from the ship in an orderly way， then make arrangements for crew members to evacuate， while the Master shall be the last to evacuate. Before leaving the ship， the Master shall direct the crew members to do their utmost to rescue the deck log book， the engine log book， the oil record book， the radio log book， the charts， documents and papers used in the current voyage， as well as valuables， postal matters and cash money.

Article 39 The duty of the Master in the management and navigation of the ship shall not be absolved even with the presence of a pilot piloting the ship.

Article 40 Should death occur to the Master or the Master be unable to perform his duties for whatever reason， the deck officer with the highest rank shall act as the Master； before the ship sails from its next port of call， the ship owner shall appoint a new Master to take command.