"In accordance with the Joint
Declaration of the Government of the People's Republic of China and the
Government of the Republic of Portugal on the Question of Macao (hereinafter
referred to as the Joint Declaration), the Government of the People's Republic
of China will resume the exercise of sovereignty over Macao with effect from 20
December 1999. Macao will, from that date, become a Special Administrative
Region of the People's Republic of China and will enjoy a high degree of autonomy,
except in foreign and defence affairs which are the responsibilities of the
Central People's Government of the People's Republic of China.
It is provided both in section VIII of
Elaboration by the Government of the People's Republic of China of its Basic
Policies Regarding Macao, which is Annex I to the Joint Declaration, and
Article 138 of the Basic Law of the Macao Special Administrative Region of the
People's Republic of China, which was adopted on 31 March 1993 by the National
People's Congress of the People's Republic of China, that international
agreements to which the People's Republic of China is not yet a party but which
are implemented in Macao may continue to be implemented in the Macao Special
Administrative Region.
In accordance with the above provisions, I
am instructed by the Minister of Foreign Affairs of the People's Republic of
China to inform Your Excellency of the following:
Convention concerning the Certification of
Ships' Cooks (No. 69), adopted at Seattle on 27 June 1946 (hereinafter referred
to as the "Convention"), which applies to Macao at present, will
continue to apply to the Macao Special Administrative Region with effect from
20 December 1999.
Within the above ambit, the Government of
the People's Republic of China will assume the responsibility for the
international rights and obligations that place on a Party to the Convention."
(ILO No. 69)
(Adopted at Seattle on 27
June 1946)
The General
Conference of the International Labour Organisation,
Having been
convened at Seattle by the Governing Body of the International Labour Office,
and having met in its Twenty-eighth Session on 6 June 1946, and
Having decided upon
the adoption of certain proposals with regard to the certification of ships'
cooks, which is included in the fourth item on the agenda of the Session, and
Having determined
that these proposals shall take the form of an international Convention,
adopts this
twenty-seventh day of June of the year one thousand nine hundred and forty-six
the following Convention, which may be cited as the Certification of Ships'
Cooks Convention 1946:
Article 1
1. This Convention
applies to sea-going vessels, whether publicly or privately owned, which are
engaged in the transport of cargo or passengers for the purpose of trade and
registered in a territory for which this Convention is in force.
2. National laws or
regulations or, in the absence of such laws or regulations, collective
agreements between employers and workers shall determine the vessels or classes
of vessels which are to be regarded as sea-going vessels for the purpose of
this Convention.
Article 2
For the purpose of
this Convention the term ship's cook means the person directly
responsible for the preparation of meals for the crew of the ship.
Article 3
1. No person shall
be engaged as ship's cook on board any vessel to which this Convention applies
unless he holds a certificate of qualification as ship's cook granted in
accordance with the provisions of the following Articles.
2. Provided that
the competent authority may grant exemptions from the provisions of this
Article if in its opinion there is an inadequate supply of certificated ships'
cooks.
Article 4
1. The competent
authority shall make arrangements for the holding of examinations 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 competent authority;
(b) he has served
at sea for a minimum period to be prescribed by the competent authority; and
(c) he has passed
an examination to be prescribed by the competent authority.
3. The prescribed
examination shall provide a practical test of the candidate's ability to
prepare meals; it shall also include a test of his knowledge of food values,
the drawing up of varied and properly balanced menus, and the handling and
storage of food on board ship.
4. The prescribed
examination may be conducted and certificates granted either directly by the
competent authority or, subject to its control, by an approved school for the
training of cooks or other approved body.
Article 5
Article 3 of this
Convention shall apply after the expiration of a period not exceeding three
years from the date of entry into force of the Convention for the territory
where the vessel is registered: Provided that, in the case of a seaman who has
had a satisfactory record of two years' service as cook before the expiration
of the aforesaid period, national laws or regulations may provide for the
acceptance of a certificate of such service as equivalent to a certificate of
qualification.
Article 6
The competent
authority may provide for the recognition of certificates of qualification
issued in other territories.
Article 7
The formal
ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article 8
1. This Convention
shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the
Director-General.
2. It shall come
into force six months after the date on which there have been registered
ratifications by nine of the following countries: United States of America,
Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark,
Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece,
India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey
and Yugoslavia, including at least five countries each of which has at least
one million gross register tons of shipping. This provision is included for the
purpose of facilitating and encouraging early ratification of the Convention by
Member States.
3. Thereafter, this
Convention shall come into force for any Member six months after the date on
which its ratification has been registered.
Article 9
1. 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.
2. Each Member
which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this Article,
will be bound for another period of ten years and, thereafter, may denounce
this Convention at the expiration of each period of ten years under the terms
provided for in this Article.
Article 10
1. The
Director-General of the International Labour Office shall notify all Members of
the International Labour Organisation of the registration of all ratifications
and denunciations communicated to him by the Members of the Organisation.
2. When notifying
the Members of the Organisation of the registration of the last ratification
required to bring the Convention into force, the Director-General shall draw
the attention of the Members of the Organisation to the date upon which the
Convention will come into force.
Article 11
The
Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance with the
provisions of the preceding articles.
Article 12
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.
Article 13
1. Should the
Conference adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides:
a) the ratification
by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of
Article 9 above, if and when the new revising Convention shall have come into
force;
b) as from the date
when the new revising Convention comes into force this Convention shall cease
to be open to ratification by the Members.
2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and
French versions of the text of this Convention are equally authoritative.