Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 158
158. (1) If the master of, or a s eaman or appren tice belonging
to, a Maltese ship receives any hu rt or injury in the service o f the
ship, or suffers from any illness (not being an illness due to his own
wilful act or to his own misbeha viour), the expenses of providi ng
the necessary surgical and medi cal advice and attendance and
medicine, and also the expenses of the maintenance of the maste r or
seaman or apprentice until he is cured, dies, or is returned to a
proper return port, including any period during which he is
unemployed after he has been cured and before he has been
returned to a proper return port, and of his conveyance to the port,
and, in the case of death, the expenses, if any, of the repatri ation of
the deceased and his burial, shall be defrayed by the owner of the
ship, without any deduction on t hat account from his wages:
Provided that an owner shall not be liable by virtue of this
article to pay the expenses of t he maintenance of any person du ring
any period after he has been cured or of his conveyance to a pr oper
return port if he shows that that person has failed to accept s uitable
employment on board a Maltese ship proceeding within a
reasonable time to a proper return port or had failed to comply with
any other reasonable arrangements made for his return to a prop er
return port.
(2) If the master or seaman or apprentice is, on account of any
illness, temporarily removed from his ship for the purpose of
preventing infection, or otherwise for the convenience of the s hip,
and subsequently returns to his duty, the expenses of the remov al
and of providing the necessary advice and attendance and
medicine, and of his maintenance while away from the ship shall be
defrayed in like manner.
(3) The expenses of all medicin es, surgical and medical advice
and attendance given to a master or seaman or apprentice whilst on
board his ship shall be defrayed in like manner.
86 CAP. 234.] MERCHANT SHIPPING
(4) In all other cases any reasonable expenses duly incurred by
the owner or bareboat charterer for any seaman or apprentice in
respect of illness, and also any reasonable expenses duly incur red
by the owner or bareboat chartere r in respect of the repatriati on of the
deceased and of the burial of any seaman or apprentice who dies
whilst on service shall, if duly p roved, be deducted from the w ages
of the seaman or apprentice.
Recovery of
expenses from
owner.
Amended by:
I.2025.59.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.