Singapore legislation

Section 110

of Merchant Shipping Act

Section 110

General offences against discipline

(1)

Any seaman lawfully engaged or any apprentice to the sea service who commits any of the following offences (referred to in this Act as offences against discipline) shall be liable to be punished summarily as follows:

(a)

if he quits the ship without leave after her arrival at the 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 month’s pay;

(b)

if he is guilty of wilful disobedience to any lawful command, he shall be liable to imprisonment for a term not exceeding 4 weeks, and also, at the discretion of the court, 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, he shall be liable to imprisonment for a term not exceeding 12 weeks, and also, at the discretion of the court, to forfeit for every 24 hours’ continuance of disobedience or neglect either a sum not exceeding 6 days’ pay or any expenses properly incurred in hiring a substitute;

(d)

if he assaults the master or any other certificated officer of the ship, he shall be liable to imprisonment for a term not exceeding 12 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 imprisonment for a term not exceeding 12 weeks;

(f)

if he wilfully damages his ship, or misappropriates or commits criminal breach of trust in respect of, 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 term not exceeding 12 weeks;

(g)

if he is convicted of an offence whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy:Provided that paragraphs (b), (c), (d) and (e) shall apply to foreign ships and their crew while they are within Singapore.

(2)

If there is a consular officer of the country to which such foreign ship belongs resident in Singapore, the court shall not deal with any such case unless it is requested to do so by that officer in writing and unless that officer undertakes that any such seamen shall not become a charge on Singapore in consequence of being so dealt with.[125