S.L. 234.51 Art. 84Recovery of expenses by Government.

(1) Where any expenses (other than excluded expenses as defined by this rule) are incurred by or on behalf of the

Government of Malta, or are incurred by the government or authority of a foreign State and are repaid or repayable to that government by or on behalf of the Government of Malta, on account of a distressed seafarer, either for his maintenance, necessary clothing, conveyance to a proper return port or, in case of death, for his burial, or otherwise in accordance with these rules, those expenses (together with the wages, if any, due to the seafarer) shall be a charge upon the ship, whether Maltese or foreign, to which the distressed seafarer belonged, and shall be recoverable as a debt due to the Government of Malta from the master of the ship or from the owner of the ship for the time being or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss or, where the ship has been transferred to some person not being a Maltese citizen or not being a body corporate established under the laws of Malta, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and also, if the ship is a foreign ship, from the owner who engaged the seafarer for service in the ship.

(2) In any proceedings for such recovery, a certificate of the expenses signed by the person, authority or government paying the expenses together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid.

(3) For the purposes of this rule, "excluded expenses" are expenses incurred in cases where the certificate obtained under these rules on leaving a seafarer behind stipulates, or the Registrar-General is otherwise satisfied, that the cause of the seafarer being left behind is desertion, disappearance, imprisonment for misconduct or discharge from his ship by a competent court on the ground of misconduct, and expenses incurred on account of the return to the proper port of a distressed seafarer who has been discharged at the port at which he was shipped or at some neighbouring port.