Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 173

Official PDF on legislation.mt

173. (1) If a seaman lawfully enga ged, or an apprentice to the sea service, belonging to a Maltese ship commits any of the following offences, in this Act referred to as "offences agains t discipline", he shall be liabl e to be punished as follows: (a) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one m onth’s pay; (b) if he is guilty of wilful disobedience to any lawful command, he shall be liable to forfeit out of his wages a sum not exceeding two days’ pay; (c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, M E R C H A N T S H I P P I N G [CAP. 234. 93 he shall be liable to forfeit for every twenty-four hours’ continuance of disobe dience or neglect either a sum not exceeding six days’ pay or any expenses properly incurred in hiring a substitute; (d) if he assaults the master or any mate or certificated engineer of the ship, he sha ll be liable to imprisonment for a period not ex ceeding twelve weeks; (e) if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to forfeit a sum not exceeding twelve weeks’ pay; (f) if he wilfully damages his ship or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained and also, at the discretion of the court, to imprisonment for a period not exceeding twelve weeks. (2) If a seaman or an apprentice as aforesaid is convicted of any act of smuggling whereby loss or damage is occasioned to th e master, or owner or bareboat charterer of the ship, he shall be liable to pay to that master, or owner or bareboat charterer a sum suf ficient to reimburse the loss or damage; and the whole or a proportiona te part of his wages may be retained in satisfaction or on account of that liability, without prej udice to any further remedy. (3) Nothing in this article or in article 171 shall take away or limit any remedy which an owner, or master, or bareboat charter er would but for those provisions have for any breach of contract or otherwise in respect of the matters constituting an offence und er those articles, but an owner, or master, or bareboat charterer shall not be compensated more than once in respect of the same damage. Penalty for false statement as to last ship or name. Amended by:  XIII. 1983.5; XXII. 2000.2.

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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.