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Singapore legislation

Regulation 7

of Merchant Shipping (Disciplinary Offences) Regulations

Regulation 7

Procedure for disciplinary offences

In dealing with a disciplinary offence, the following procedure shall be followed:

(a)

a seaman charged with a disciplinary offence shall, if he so requests, be permitted at the hearing before the master to be accompanied by any person for the purpose of advising him and that person may speak on behalf of the seaman;

(b)

the charge shall be entered by the master in the official log book and shall be read and explained to the seaman by the master, who shall record therein that it has been so read and explained and a copy of the charge shall be given to the seaman;

(c)

the seaman shall then be asked whether or not he admits the charge and —

(i)

if he admits it, the admission shall be recorded by the master in the official log book; or

(ii)

in all other cases, an entry to the effect that the seaman does not admit the charge shall be recorded therein;

(d)

the evidence of any witness called by the master shall be heard in the presence of the seaman, who shall be afforded reasonable opportunity to question the witness on his evidence;

(e)

the seaman shall be given an opportunity to make a statement in answer to the charge, including any comments on the evidence produced against him and particulars of the statement (or a record that the seaman declined to make one, if such should be the case) shall be entered by the master in the official log book or contained in a separate document annexed to, and referred to in an entry made by the master in, the official log book;

(f)

the seaman shall be permitted to call witnesses to give evidence on his behalf, and any such witness may be questioned by the master on his evidence;

(g)

the master shall, after consideration of all the evidence given before him, give his decision in the presence of the seaman as to whether he finds the seaman has committed the offence charged and —

(i)

if he finds that the seaman has not committed the offence, he shall dismiss the charge; or

(ii)

if he finds that the seaman has committed the offence, he shall, after having regard to any mitigating circumstances brought to his notice, give his decision either as to the amount of the fine he is imposing or that he is imposing no fine,and the master shall record his decisions in the official log book; and

(h)

the master shall —

(i)

inform the seaman on whom a fine has been imposed, of his right of appeal under section 81 of the Act and of the time within which notice of intended appeal must be given in accordance with these Regulations; and

(ii)

if the seaman so requests, supply to him copies of all entries in the official log book (including any annexes thereto) referring to the disciplinary offence to which the fine relates.