Malaysia legislation
Section 92
Section 92
(2)
The owner of a Malaysian ship is prohibited from requiring the seafarers to make an advance payment at the beginning of their employment for the cost of repatriation, and also for recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarers has been found to be in serious default of the seafarer’s employment obligations in accordance with the seafarer employment contract, national laws or regulations, or applicable collective agreements.
(3)
All Malaysian ships shall have in force a contract of insurance or other financial security to ensure that seafarers are duly repatriated.
(4)
If the owner of a Malaysian ship fails to make arrangements for or to meet the cost of repatriation of seafarers—
(a)
the Director of Marine may make arrangements for the repatriation of the seafarers concerned and the cost incurred in repatriating those seafarers shall be recoverable from the owner concerned;
(b)
the expenses of repatriation shall not be charged on the seafarers, except as provided in subsection (2); and
(c)
the ship or other ships of the owner concerned may be detained by the Director of Marine until the reimbursement has been made.
Merchant Shipping Ordinance (Amendment)
(5)
The Director of Marine shall, upon receiving a notification of any stranded foreign seafarer in any port in Malaysia, ensure that the consular or local representative of the ship’s flag State and the seafarer’s State of nationality or State of residence, as appropriate, is informed immediately.
Relief and return of seafarer left behind and shipwrecked.