Langkawi International Yacht Registry Act 2003 Part IV — Crew members of yacht

Interpretation

s 43

In this Part, “going on a voyage” includes going on a voyage from any country outside Malaysia.

Training, certification and qualification of master and crew members

s 44

The training, certification and qualification of the master and crew members of a Langkawi yacht shall be as prescribed.

Manning where yacht goes on a voyage or otherwise is not on a voyage

s 45

(1) A Langkawi yacht shall be manned in accordance with the yacht safe manning document issued by the Director General in the prescribed form and with the prescribed conditions. (2) Where a Langkawi yacht is not on a voyage and not in safe habourage where it may be left unattended, a sufficient number of crew members shall be on board the yacht at all times to adequately respond to any situation such as fire, sinking or other emergencies which may affect the safety of the yacht and its personnel, and the environment. (3) If— (a) a Langkawi yacht goes or attempts to go on a voyage in contravention of subsection (1); or (b) a Langkawi yacht does not have a sufficient number of crew members as required under subsection (2), the yacht, if in Malaysia, may be detained by the Director General until the contravention ceases.

Certificated persons to be employed as master and watchkeeping crew members

s 46

The owner of a Langkawi yacht shall employ only certificated master and watchkeeping crew members on the yacht.

Application of this Act for the employment of master or crew member

s 46A

The provisions of this Act shall apply in respect of the employment of a master or crew member of a Langkawi yacht.

Crew member agreement

s 47

(1) An agreement in writing shall be made between each person employed as a crew member on a Langkawi yacht and the person employing him, and shall be signed both by him and by or on behalf of them. (2) The agreements made under this section with several persons employed on a Langkawi yacht shall be contained in one document, which in this Part is referred to as the “crew member agreement”, but if the Director General so approves— (a) the agreements to be made under this section with the persons employed on a Langkawi yacht may be contained in more than one crew member agreement; and (b) one crew member agreement may relate to more than one Langkawi yacht. (3) The form and contents of the crew member agreement shall be as approved by the Director General, and different crew member agreements with different forms and contents may be so approved for different circumstances. (4) The master or owner of the yacht shall ensure that the crew member agreement is carried in such manner as may be prescribed on the Langkawi yacht to which it relates whenever the yacht goes on a voyage. (5) An individual contract in respect of the employment of a crew member of a Langkawi yacht shall be null and void to the extent that it is contrary to or inconsistent with the terms of a crew member agreement made pursuant to this section. (6) The Director General may grant exemptions in respect of certain Langkawi yachts and crew members from the requirements of this section where he determines that the crew members to be employed otherwise than under a crew member agreement will be adequately protected. (7) Where an examption is granted under subsection (6), a copy of the document evidencing the examption shall be carried on board the Langkawi yacht.

Obligation of owner with respect to seaworthiness of yacht

s 48

(1) In every contract of employment between the owner of a Langkawi yacht and the master, or a crew member employed on the Langkawi yacht, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that he, the master and every agent charged with the loading of the yacht, or the preparing or sending of the yacht on a voyage, shall use all reasonable means— (a) to ensure the seaworthiness of the yacht at the time when the yacht goes on a voyage; and (b) to keep the yacht in a seaworthy condition during the voyage. (2) Nothing in subsection (1) shall subject the owner of the yacht to any liability by reason of the yacht being sent on a voyage in an unseaworthy state where, owing to special circumstances, the sending of the yacht on the voyage in such a state was reasonable and justifiable.

Discharge of crew member

s 49

(1) The discharge of a crew member from a Langkawi yacht shall comply with the prescribed procedures, which includes procedures to be followed in respect of crew members left behind in a port or place otherwise than by discharge from the yacht. (2) Where a Langkawi yacht ceases to be registered in Langkawi under this Act, any crew member employed in the yacht shall be deemed to be discharged from the yacht whether or not he is actually discharged, unless he consents in writing to continue his employment in the yacht, in which case, sections 49A and 49B shall apply in relation to his wages as if the yacht had remained a Langkawi yacht.

Payment of crew member’s wages

s 49A

(1) Where a crew member of a Langkawi yacht employed under a crew member agreement is discharged, the wages due to him under the agreement shall be paid to him in full at the time of his discharge. (2) If any amount payable to a crew member is not paid in accordance with subsection (1), the crew member shall be entitled to wages at the rate last payable under the crew member agreement for every day on which it remains unpaid during the period of fifty-six days following the time of discharge; and if any amount payable by virtue of this subsection remains unpaid after the end of that period, it shall carry interest at the rate of twenty per cent per annum. (3) Subsection (2) shall not apply if the failure to pay the wages was due to— (a) a reasonable dispute as to liability; (b) the act or default of the crew member; or (c) any other cause, not being the wrongful act or default of the persons liable to pay the crew member’s wages or of their servants or agents. Account of wages

s 49B

(1) The master of every Langkawi yacht shall deliver to every crew member employed on the yacht under a crew member agreement an account of the wages due to him under that crew member agreement and of the deductions subject to which the wages are payable. (2) The account shall be delivered not later than twenty-four hours before the time of discharge of the crew member or, if he is discharged without notice or at less than twenty-four hours notice, at the time of his discharge.

Protection of certain rights and remedies

s 50

(1) A crew member’s lien, his remedies for the recovery of his wages, his right to wages in the case of the wreck or loss of the Langkawi yacht on which he served, and any right he may have or obtain in the nature of salvage shall not be renounced by any agreement. (2) Subsection (1) does not affect the terms of any agreement made with the master or crew member belonging to a Langkawi yacht which is employed on salvage services, where the terms of that agreement provide for remuneration to be paid to the master or crew member for salvage services rendered by that yacht.

Remedies of master for remuneration, disbursements and liabilities

s 51

The master of a Langkawi yacht shall have the same lien, for his remuneration and all disbursements or liabilities properly made or incurred by him on account of the yacht, as a crew member has for his wages.

Restriction on assignment of and charge upon wages

s 51A

With respect to wages due or accruing to a master or crew member employed on a Langkawi yacht— (a) the wages shall not be subject to attachment; (b) an assignment of the wages before they have accrued shall not bind the master or crew member, and the payment of the wages to the master or crew member shall be valid notwithstanding any previous assignment or charge; and (c) a power of attorney or authority for the receipt of the wages shall not be irrevocable.

Official logbook

s 52

(1) The master of every Langkawi yacht shall maintain an official logbook in which shall be recorded all the records of the yacht as may be prescribed, and the official logbook shall be carried on board the yacht. (2) The master of the Langkawi yacht shall cause the official logbook to be delivered to the Director General when the crew member agreement expires.

Crew member identity document

s 53

(1) Every crew member employed on board a Langkawi yacht shall be in possession of a valid crew member identity document issued in accordance with the regulations. (1A) An application for a crew member identity document shall be made to the Director General in the prescribed form, and shall be accompanied with the prescribed fee. (2) For the purposes of this section and section 54, “crew member” includes the master of the Langkawi yacht.

Discharge book

s 54

(1) The Director General may issue to a crew member who is employed or has been employed on board a Langkawi yacht a discharge book containing the prescribed particulars, including particulars with respect to the holder of the discharge book. (2) The Director General may require the crew member to apply for a discharge book in the prescribed form and shall be accompanied with the prescribed fee. (3) The Director General may re-issue or withdraw a discharge book.

List of crew members

s 55

(1) The master of a Langkawi yacht shall ensure that the particulars of every crew member employed on board the yacht are entered in a list of crew members as approved by the Director General. (2) The list of crew members shall be kept updated where changes are made relating to the employment of the crew members. (3) The list of crew members shall be kept on board the Langkawi yacht and shall be available for inspection at all times, and the owner of the yacht shall submit the list of crew members to the authorized officer in the prescribed manner.

Handing over of documents on change of master

s 56

Where a person ceases to be the master of a Langkawi yacht, he shall deliver or cause to be delivered to his successor the documents relating to the yacht and its crew members which are in his custody.

Relief and return of crew members left behind or shipwrecked

s 57

(1) Where any person employed as a crew member on a Langkawi yacht is left behind in any country outside Malaysia or is taken to such a country on being shipwrecked, the owner of the yacht shall make provisions for his return and for his relief and maintenance until his return, and such other provisions as may be prescribed. (2) For the purposes of subsection (1), the Director General may issue a conveyance order to the master of the Langkawi yacht to convey the person to a place determined in accordance with the regulations. (3) This section applies to a person left behind on being discharged in pursuance of section 49, whether or not at the time he is left behind the yacht is still registered under this Act. (4) Where a person left behind in or taken to any country chooses to remain there after the end of the period of three months, the owner of the yacht shall not be liable to make provision for his return or for any matters arising after the end of the period.