Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 6 · Medical Care and Treatment
38. Exclusion from liability under sections 35, 36 and 37
Feedback & supportSections 35, 36 and 37 do not apply to a seafarer where —
seafarer
“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —(a)a pilot;(b)a port worker;(c)a person temporarily employed on the ship during the period it is in port; and(d)a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;
the injury mentioned in section 35 or 36 was incurred otherwise than in the service of the ship;
ship
“ship” has the meaning given by the Merchant Shipping Act 1995, but does not include —(a)any vessel which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where the Maritime and Port Authority of Singapore (Port) Regulations apply;(b)any warship or naval auxiliary;(c)any ship engaged in fishing or in similar pursuits;(d)any ship of traditional build such as dhows and junks;(e)any ship that is intended to be operated without any seafarer on board; and(f)any ship specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of ships to be excluded from the application of this Act;
the injury or sickness mentioned in section 35 or 36 was incurred due to the seafarer’s wilful misconduct; or
the sickness or incapacity for work existed on the date on which the seafarer entered the seafarer’s employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.
shipowner
“shipowner”, in relation to a ship, means the owner of the ship, and includes —(a)the registered owner; or(b)in the absence of registration —(i)the person owning the ship; or(ii)any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;