Singapore legislation

Section 43

of Merchant Shipping Act

Section 43

Sanction of Superintendent required for discharge of seaman in Singapore

(1)

The master of a ship shall not discharge a seaman, not being a seaman shipped in Singapore, at any place within Singapore, unless he previously obtains, endorsed on the agreement with the crew, the sanction of the Superintendent.

(2)

Such sanction shall not be refused where the seaman is discharged on the termination of his service.

(3)

The master of a ship shall not leave a seaman behind at any place within Singapore, except where the seaman is discharged in accordance with this Act, unless he previously obtains, endorsed on the agreement with the crew, the certificate of the Superintendent, stating the cause of the seaman being left behind, whether the cause is unfitness or inability to proceed to sea, desertion or disappearance or otherwise.

(4)

The Superintendent, when an application is made for sanction or for a certificate under this section, shall examine into the grounds on which the seaman is to be discharged or left behind, and for that purpose may, if he thinks fit, administer oaths, and may grant or refuse the sanction or certificate as he thinks just, but the sanction or certificate shall not be unreasonably withheld.

(5)

A person belonging to a ship shall not wrongfully force a seaman on shore and leave him behind or otherwise cause a seaman to be wrongfully left behind at any place within Singapore.

(6)

Any person who fails to comply with any of the provisions of subsections (1) to (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 for each seaman discharged, left behind or forced on shore.

(7)

No seaman shall either wilfully or negligently remain at any place within Singapore after the departure of the ship in which he has arrived or shipped, unless a sanction or certificate has been given by the Superintendent under subsection (1) or (3), and if he does so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

(8)

Nothing in this section shall relieve any person from any liability or penalty to which he is subject under the provisions of the Merchant Shipping Acts.[56