Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 173
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.
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.