Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
57. Crew agreements
Official textFrom Attorney General's Chambers, unchanged
Except as provided under subsection (4), an agreement in writing shall be made between each person employed as a seaman on a ship and the person employing him and shall be signed both by him and by or on behalf of the person employing him.
seaman
"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
The agreements made under this section with the several persons employed on a ship shall be contained in one document (referred to in this Order as a crew agreement) except in such cases as the Director may approve -
ship
"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
{a} the agreements to be made under this section with the persons employed on a ship may be contained in more than one crew agreement;
and
{b) one crew agreement may relate to more than one ship.
Subject to this section, a crew agreement shall be carried in the ship to which the agreement relates whenever the ship goes to sea.
•
This section shall not apply to any ship of less than 25 tons exclusively
•
employed in trading within such limits as are prescribed by regulations.
prescribed
"prescribed" means prescribed by regulations made by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
If a ship goes to sea or attempts to go to sea in contravention of the requirements of this section, the master or the person employing the crew of the ship shall be guilty of an offence and liable on conviction to a nne not exceeding
master
"master" includes every person, except a pilot, having command or charge of any ship;
$5,000, and the ship may be detained.
Terms defined in s 2
Director
Defined · s 2"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
prescribed
Defined · s 2"prescribed" means prescribed by regulations made by the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan;
seaman
Defined · s 2"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
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Inquiries and Investigations
Part X