S.L. 234.51 Art. 72Owner responsible for return of seafarerleftbehind at a port other than the port of engagement.

(1) Except as hereinafter provided, every seafarer’s employment agreement shall provide that if the agreement terminates at a port other than the port of engagement (whether by effluxion of time, or by any act of the parties, or by shipwreck or sale of the ship, or by the inability of the seafarer to proceed on the ship by reason of sickness or injury or any other cause whatsoever), he is returned to a proper return port at the expense of the shipowner who shall make such arrangements as may be necessary and pay all expenses incurred for the return of such seafarer and such liability shall include the cost of any maintenance and medical treatment which is necessary for the seafarer until his arrival at a proper return port, and such seafarer shall not become a charge upon the Government of Malta.

(2) A seafarer who has been left behind or discharged from his ship as a result of his desertion, or his imprisonment, or his inability to proceed on the ship owing to sickness or infirmity wilfully concealed at the time of the engagement, shall not be entitled to be returned at the expense of the shipowner under sub-rule (1) but the shipowner shall make all arrangements necessary and pay all expenses incurred for the return of the seafarer to a proper return port as if he was so entitled, and the shipowner may be reimbursed his expenses out of any wages owing to the seafarer at the time he left the ship or out of the proceeds from the sale of any of his effects left on board or, if this should not prove sufficient by ordinary process of law, but such seafarer shall not become a charge upon the Government of Malta.

(3) A registrar or a Maltese consular officer may demand a guarantee from the shipowner from which a seafarer is to be discharged or left behind, for the proper discharge of any obligations imposed by this rule, and if this is refused he may withhold his consent to the discharge.

(4) Where a seafarer becomes eligible to receive, and receives, medical aid or periodical payments at the expense of his employer under the terms of any law providing for compensation to injured or sick workmen, such receipt shall be in full or part payment, as the case may be, of the entitlement under this rule and not in addition thereto.

(5) This rule shall apply in respect of all ships making call to Malta.