Cap. 234 Art. 173General offences against discipline.

(1) If a seaman lawfully engaged, or an apprentice to the sea service, belonging to a Maltese ship commits any of the following offences, in this Act referred to as "offences against discipline", he shall be liable to be punished as follows:

(a) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month’s pay;

(b) if he is guilty of wilful disobedience to any lawful command, he shall be liable to forfeit out of his wages a sum not exceeding two days’ pay;

(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to forfeit for every twenty-four hours’ continuance of disobedience or neglect either a sum not exceeding six days’ pay or any expenses properly incurred in hiring a substitute;

(d) if he assaults the master or any mate or certificated engineer of the ship, he shall be liable to imprisonment for a period not exceeding twelve weeks;

(e) if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to forfeit a sum not exceeding twelve weeks’ pay;

(f) if he wilfully damages his ship or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained and also, at the discretion of the court, to imprisonment for a period not exceeding twelve weeks.

(2) If a seaman or an apprentice as aforesaid is convicted of any act of smuggling whereby loss or damage is occasioned to the master, or owner or bareboat charterer of the ship, he shall be liable to pay to that master, or owner or bareboat charterer a sum sufficient to reimburse the loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.

(3) Nothing in this article or in article 171 shall take away or limit any remedy which an owner, or master, or bareboat charterer would but for those provisions have for any breach of contract or otherwise in respect of the matters constituting an offence under those articles, but an owner, or master, or bareboat charterer shall not be compensated more than once in respect of the same damage.