Malaysia legislation
Section 75
Section 75
(a)
is unfit to be the holder of the certificate, whether by reason of incompetence or misconduct;
(b)
has been seriously negligent in the discharge of his duties; or
(c)
has failed to comply with the obligation to assist vessels in distress as required by section 280.
(2)
Notwithstanding subsection (1), the Director of
Marine may suspend or cancel a seafarer’s certificate without giving notice in writing of his intention if, in his opinion, the suspension or cancellation is necessary for the safety of the ship, life, environment or property at sea.
(3)
The notice shall state—
(a)
the reasons why the Director of Marine intends to suspend or cancel the seafarer’s certificate; and
(b)
that the seafarer may make a written representation to the Director of Marine within a period as specified in the notice, or such longer period as the Director of
Marine may allow.
(4)
After considering any representation made under subsection (3), the Director of Marine shall decide whether or not to suspend or cancel the certificate and shall give the holder of the certificate a written notice of his decision within fourteen days from the date he receives the written representation.
(5)
The written notice of the decision shall state the date from which the period of suspension is to take effect or the date from which the cancellation is to take effect, and shall require the holder of the certificate to deliver the certificate to the Director of Marine not later than the date specified in the notice.
(6)
In a situation where the seafarer’s certificate is suspended or cancelled—
(a)
pursuant to subsection (2), the holder of the certificate may appeal to the Minister against the decision of the Director of Marine—
(i)
within fourteen days from the date of the suspension or cancellation; or
(ii)
if he is on board the ship, fourteen days from the date the seafarer arrives at the next port of call; or
(b)
pursuant to subsection (5), the holder of the certificate may appeal to the Minister against the decision of the Director of Marine before the effective date of cancellation specified in the notice.
Appeal
Committee.