Malaysia legislation

Section 75

of Merchant Shipping Ordinance 1960

Section 75

(1)

Where a seaman or apprentice belonging to a ship to which section 72 refers is lost with the ship to which he belongs, the Superintendent may recover the wages due to him from the owner of the ship, in the same Court and in the same manner in which seaman’s wages are recoverable, and shall deal with those wages in the same manner as with the wages of the other deceased seamen and apprentices under this Chapter.

(2)

In any proceeding for the recovery of the wages, if it is shown by some official return produced out of the custody of the Superintendent or by other evidence, that the ship has twelve months or upwards before the institution of the proceeding left a port of departure, she shall, unless it is shown that she has been heard of within twelve months after that departure, be deemed to have been lost with all hands on board, either immediately after the time at which she was last heard of, or at such later time as the Court hearing the case thinks probable.

(3)

Any duplicate agreement made out, or statement or a change of the crew delivered, under this Part, or under the Merchant Shipping Acts, at the time of the last departure of the ship from North Borneo, or a certificate purporting to be a certificate from a consular or other public officer at any port outside North Borneo stating that certain seamen and apprentices were shipped in the ship from the said port, shall, if produced out of the

41

custody of the Superintendent be, in the absence of proof to the contrary, sufficient proof that the seamen and apprentices therein named as belonging to the ship were on board at the time of the loss.

Property of seaman dying in North Borneo.