Section 16
of Mechant Shipping (Repatriation) Regulations, 2007
Section 16
(1)
Subject to sub-regulation (2), this regulation applies to any property, including money, left on board a ship by a seaman to whom these Regulations apply.
(2)
In the case of any such property left on board a ship by a seaman who has been shipwrecked
(a)
if the ship is lost, this regulation shall have no effect; and
(b)
if the ship is not lost, but, as a result of the shipwreck, no person is master of the ship, this regulation shall have effect as if the duties and powers thereby imposed on the master were instead imposed on the employer and sub-regulations (3)(b) and (5) were omitted.
(3)
The master shall
(a)
take charge of that property; and 358
(b)
enter in the official log-book-
(i)
a list of property so taken into his charge;
(ii)
in the case of a sale under sub-regulation (4)/a} of any part of the property, a description of each article sold and the sum received for it; and
(iii)
in the case of the destruction or disposal of any part of the property under sub-regulation (4)/b}, a description of each article destroyed or disposed of and the name of any person to whom disposal was made.
(4)
The master may at any time-fa)
sell, by auction or otherwise, any part of the property which is of a perishable or deteriorating nature and the proceeds of sale shall form part of the property; and
(b)
destroy or otherwise dispose of any part of the property which, in his opinion, endangers or is likely to endanger the health or safety of any person on board the ship.
(5)
The master shall, when directed by the employer, cause the property to be delivered to the employer at an address in the country to which the seaman is to be returned in accordance with regulation 8.
(6)
Upon receipt of the property, the employer shall cause the property to be delivered -
(a)
to the seaman at his last known address; or
(b)
if the seaman's wages are payable by virtue of regulation 14 to his next of kin as named in the crew agreement, to that next of kin at the address stated in the crew agreement, and the expense of such delivery by the employer shall be borne by the person to whom the property is delivered.
(7)
The employer, when delivering the property to the seaman or his next of kin in accordance with sub-regulation (6), shall deliver to the seaman or his next of kin, as the case may be, a record of all the property delivered and -
359
fa) where any property has been sold under sub-regulation (4)(a), a description of each article sold and the sum received for it; and
{b)
where any property has been destroyed· or disposed of under sub-regulation (4){b), a description of each such article.
(8)
A master who fails to comply with-
{a)
sub-regulations (3){a) or (5) shall be guilty of an offence and liable on conviction to a fine not exceeding $500; or
{b)
sub-regulation (3){b) shall be guilty of an offence and liable on conviction to a fine not exceeding $200.
Official log-book entries.