Malaysia legislation
Section 114
Section 114
(a)
does any act which causes or is likely to cause—
(i)
the loss or destruction of or serious damage to the ship or its machinery, navigational equipment or safety equipment;
(ii)
the loss or destruction of or serious damage to any other ship or any structure;
(iii)
the death of or serious injury to any person; or
(iv)
environmental damage; or
(b)
omits or fails to do anything—
(i)
to preserve the ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged;
(ii)
to prevent the ship from causing the loss or destruction of or serious damage to any other ship or any structure;
(iii)
to protect any person on board the ship from death or serious injury; or
(iv)
to prevent the environment damage.
(2)
In proceedings for an offence under this section, it shall be for the defence to prove—
(a)
where the act or omission alleged against the accused constituted a breach or neglect of duty, that the accused took all reasonable steps to discharge that duty;
(b)
that at the time of the act or omission alleged against the accused, the accused was under the influence of a drug taken by him for medical purposes and either he took it on the medical advice of a competent medical practitioner and complied with any directions given as part of that advice, or that he had no reason to believe that the drug might have the influence it had;
(c)
that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence;
(d)
that he could have avoided committing the offence only by disobeying a lawful command; or
(e)
that in all circumstances the loss, destruction, damage, death or injury in question either could not reasonably have been foreseen by the accused or could not reasonably have been avoided by him.
Merchant Shipping Ordinance (Amendment)
(3)
In this section—
“breach or neglect of duty”, except in relation to a master, includes any disobedience to a lawful command;
“duty”—
(a)
in relation to a master or seafarer, means any duty required to be discharged by the master or seafarer in their capacity as a master or seafarer; and
(b)
in relation to a master, includes the master’s duty with respect to the good management of his ship and the safety of operation of his ship, its machinery and equipment.
Concerted disobedience and neglect of duty.