Federal Law on Criminal and Disciplinary Liability of Seafarers

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 7

 

 

 

 

 

 

A FEDERAL LAW ON MERCHANT SHIPPING (CRIMINAL AND DISCIPLINARY LIABILITY OF SEAFARERS, SUSPENSION OR CANCELLATION OF CERTIFICATES)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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For the purposes of harmonization with the Community Act referred to as -

 

 

 

 

 

       "Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers" (OJ L136 of 18.05.2001, p. 17-41), as last amended by the Community Act referred to as “Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending Directive 2001/25/EC on the minimum level of training of seafarers” (OJ L 324 of 29.11.2002 p. 53-58),  which adapt the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers of 1978 as revised in 1995,

 

 

 

 

 

     It is hereby provided as follows:

 

 

 

 

Short title.

     1. This Law may be cited as the Federal Law on Merchant Shipping (Criminal and Disciplinary Liability of Seafarers, Suspension or Cancellation of Certificates).

 

 

 

 

 

PART I

PRELIMINARY PROVISIONS

 

 

 

 

Interpretation.

2(1). In this Law, unless the context otherwise requires –

 

 

 

 

 

“appropriate certificate” means an appropriate certificate issued according to the provisions subsection (1) of section 2, of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training);

 

 

 

 

 

“Company” means the owner of the ship or any other organization or person such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who on assuming the responsibility has agreed to take over all duties and responsibilities under this Law, the Convention and the Regulations made for their implementation;

 

 

 

 

 

”Competent Authority” means the Competent Authority for the implementation of the provisions of this Law and of the Regulations made thereunder shall be the Member;

 

 

 

 

 

 

 

 

"Department " means the department having responsibility for maritime affairs;

 

 

 

 

 

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

 

 

 

 

“Director” means the head of the Directorate;

 

 

 

 

 

“dispensation” means a dispensation issued according to the provisions of section 7 of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training);

 

 

 

 

 

"Gazette" means the federal Official Gazette;

 

”member state” means a member state of the European Union and a Contracting party to the Agreement for the European Economic Area, which was signed in Porto on the 2nd of May 1992, as this is from time to time amended;

 

 

 

 

 

“Member” means the Member of the Presidential Council heading the Department;

 

 

 

 

 

“passenger ship" means the sea-going ship which carries more than twelve passengers;

 

 

 

 

 

“seafarer” includes the master;

 

 

 

 

 

“Seafarer’s Identification and Sea-going Service Record Booklet” (SISR) or in brief, with an equivalent meaning, “Booklet (SISR)", means the record Booklet issued pursuant to section 10 of the Federal Law on Merchant Shipping (Registration of Seafarers and Seafarer’s Register) ;

 

 

 

 

 

"Seafarer's Register" means the Register kept under the provisions of subsection (1) of section 5 of the Federal Law on  Merchant Shipping, (Registration of Seafarers and Seafarers Register) .

 

"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping οf Seafarers, 1978, as amended, and as may be in force from time to time in the United Cyprus Republic;

 

 

 

(2) Words and phrases used in this law and not defined herein have the meaning assigned to them by the Convention;

 

 

 

   (3) The amendments of the international instruments referred to in subsection (1) do not include amendments excluded form the scope of application of Directive 2001/25/EC, pursuant to Article 5 of Regulation (EC) No. 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002), as from time to time amended or replaced.

 

 

 

 

 

 

 

Extent of Application.

3.-(1)  Subject to the provisions of section 4, this Law applies to all seafarers employed on Cyprus ships.

 

 

 

 

 

     (2)  In this Law the term "Cyprus ship" has the meaning assigned to it by section 5 of the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages).

 

 

 

 

 

PART II

SPECIAL MARITIME CRIMINAL OFFENCES

 

 

 

 

Acts and omissions of  seafarers which endanger either the ship or human life.

4.-(1) This section applies to seafarers serving on Cyprus ships wherever these may be, and subject to the provisions of subsection (3), to seafarers of foreign ships, in case these ships call at any port of Cyprus or are within the territorial waters of Cyprus.

 

 

 

 

 

     (2) A seafarer serving either on board the ship or near her, who, on purpose or by negligence in carrying out his duty  or by reason of drunkenness, causes or tends to cause -

 

 

 

 

 

 

 

(a)  the loss or destruction of the ship on board which he  serves or serious damage to the ship or her engines or her navigational equipment or her safety, or

 

 

 

 

 

 

(b)  the loss or the destruction or the serious damage of another ship or construction, or

 

 

 

 

 

 

(c) the death or grave bodily harm of any person either on board or outside the ship,

 

 

 

 

 

commits an offence and shall, in case of conviction, be liable to imprisonment for a term not exceeding two years or a fine not exceeding five hundred Cyprus pounds or to both such sentences.

 

 

 

 

 

     (3) With regard to the seafarers of foreign ships, the provisions of paragraph (a) of subsection (2) shall not apply.

 

 

 

 

 

     (4)  The person charged with an offence under subsection (2), can allege in defence one of the following and, in case he proves the allegations, he shall be discharged:

 

 

 

 

 

 

(a) That the offence with which he is charged consists of breach or omission of duty, whereas he took all reasonable care during the exercise of his duties.

 

 

 

 

 

 

 

(b) That at the time the act or the omission, upon which the accusation is founded, took place, the accused was under the influence of medicine which was either taken for medical reasons, or was taken following medical advice with which he conformed fully, or that he had no reason to believe that such medicine would have the influence that actually had on him.

 

 

 

 

 

 

(c)  That during the exercise of his duty he took every reasonable precaution and made every possible effort to avoid committing the offence.

 

 

 

 

 

 

(d)  That he acted in compliance with a lawful order. 

 

 

 

 

 

 

(e) That the circumstances under which the loss, destruction, damage, death or bodily harm were caused, could not have been reasonably foreseen or avoided by the accused.

 

 

 

 

 

     (5)  In this section -

 

 

 

(a)  “breach or omission of duty”, except in relation to the master, includes also disobedience to any lawful order;

 

 

 

 

 

 

(b)  "duty", as regards the seafarers, means any duty which is inherent to their qualifications, and, in relation to the master, it includes also his duty of good command of the ship and his duty of safe operation of the ship, her engines and equipment, and

 

 

 

 

 

 

(c) "construction" means any stable or mobile construction, except for a ship.

 

 

 

 

Absence from the ship.

     5     A seafarer who is absent from the ship without reasonable cause-

 

 

 

 

 

 

(a)   during the period for which he is designated to do watchkeeping, or

 

 

 

 

 

 

(b)  at the time when he is bound to perform his service which relates to the protection or safety of the ship, the persons on board or her cargo,  

 

 

 

 

 

commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand and five hundred pounds or to both such sentences.

 

 

 

 

Desertion of ship in peril.

6.-(1)  A seafarer who, without the consent  of the master, deserts a ship which is in peril commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand pounds or to both such sentences.

 

 

 

 

 

    (2)   The aforementioned desertion of the ship by a radio officer or officer who has been appointed to be in charge of the Global Maritime Distress and Safety System (GMDSS), shall constitute an offence punishable with imprisonment for a term not exceeding two years or with a fine not exceeding five thousand pounds  or with both such sentences.

 

 

 

 

Disobedience.

7.-(1)  A seafarer who does not obey to a command of the master or of the competent officer concerning the performance of work commits an offence and, in case of conviction, shall be liable to a fine not exceeding one thousand pounds.  

 

 

 

 

 

     (2) The aforementioned disobedience to a command concerning the salvage of a ship or of a human being in danger shall constitute an offence punishable with imprisonment for a term nor exceeding six months or to a fine not exceeding one thousand and five hundred pounds or with both such sentences.

 

 

 

 

Insult or a threat against a superior.

8.  A seafarer who insults or threatens his superior, commits an offence and, in case of conviction, shall be liable to a fine not exceeding one thousand pounds.

 

 

 

 

Assault against a superior.

9. A seafarer who uses violence on board or off the ship against the master or his superior officer commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand pounds or to both such sentences.

 

 

 

 

Marine pollution.

10. A seafarer who either causes or neglects to take measures for avoiding the pollution of the sea, commits an offence and, in case of conviction, he shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five  thousand pounds or to both such sentences.

 

 

 

 

Abuse of power.

11. Any seafarer who by abuse of power pertaining to his duties, acts, orders, allows or continues the commission of an  arbitrary  act which infringes the rights of another person on board the ship, commits an offence and, in case of conviction, he shall be liable to imprisonment for a term not exceeding two years or to a fine nor exceeding five thousand pounds or to both such sentences, unless such act is regarded as necessary for the voyage or the protection of the life of persons on board.

 

 

 

 

Master not  in command of the ship.

12.  A master, who without serious cause –

 

 

 

 

 

 

 

(a) does not himself command the ship during her entering, sailing and departing in and out of ports, bays, waterways canals, straits and rivers, as well as in every other case of a particularly difficult voyage, or

 

 

 

 

(b)  deserts the ship before the lapse of a reasonable time for his replacement, commits an offence and, in case of conviction,  shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand pounds or to both such sentences.

 

 

 

 

Disobedience of master or seafarer in time of danger.

13.-(1) A master who disobeys a lawful order of the Competent Authority of  the United Cyprus Republic commits an offence and, in case of conviction, shall be liable to a fine not exceeding five thousands pounds.

 

 

 

 

 

        (2) A seafarer who being abroad refuses to carry out a lawful order of the Consular Authority of the United Cyprus Republic which has its seat there, commits an offence under subsection (1).

 

 

 

 

Breaches, contraventions by the master in time of danger.

14.-(1) A master who, during the voyage and in time of danger, orders the abandonment of the ship without having previously sought the opinion of the officers or, in their absence, of the more experienced seafarers, commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

 

 

 

 

     (2) A master who without reasonable cause is not the last to abandon a ship in danger commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

 

 

 

 

     (3)  A master who, in time of danger or abandonment of the ship neglects the safeguarding of persons on board, the ship's documents, the mail and the most valuable articles on board, commits an offence and, in case of conviction, shall be liable to imprisonment for a term nor exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

 

 

 

 

     (4)  For the purposes of this section, any reference to the word "officer" means an officer as provided for in section 5 of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training) .

 

 

 

 

Unlawful deviation.

15.-(1)  A master who, with intent to realize an illicit gain, for himself or any other person, or with intent to cause damage to others, deviates the ship from her course, commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand pounds or to both such sentences.

 

 

 

 

 

     (2)  Where the aforementioned deviation endangers the safety of the ship and of the persons on board or where the deviation takes place in respect of a passenger ship, the offence under subsection (1) shall be punishable with imprisonment for a term not exceeding two years or with a fine not exceeding five thousand pounds or with both such sentences.

 

 

 

 

Omission of watch-keeping.

16.-(1)  The master or the chief engineer who omits the watch-keeping on the ship commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand and five hundred pounds or to both such sentences.

 

 

 

 

 

     (2)  Where the aforementioned omission entails the loss of life or personal injury or damage to the cargo or to property of third persons, the offence under subsection (1) shall be punishable to imprisonment for a term not exceeding two years or with a fine not exceeding five thousand pounds or with both sentences.

 

 

 

 

Abandonment of sick persons in a foreign country.

17. A master –

 

 

 

 

 

 

 

(a) who abandons in a foreign country a sick or injured member of the crew, without providing him with the means of treatment or repatriation,  or

 

 

 

 

 

 

(b) who abandons in a foreign country a sick or injured passenger,   not   at   the   place   of  his destination,

 

 

 

without notifying the Consular Authority of  the United Cyprus Republic or, in its absence, the competent local authority, of this fact,

 

 

 

 

 

commits an offence and, in case of conviction,  shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand  pounds or to both such sentences.

 

 

 

 

Absconding.

18. A seafarer who assists or attempts to assist a person, against whom a criminal prosecution has been instituted, or whose exit from the United Cyprus Republic has been prohibited for any reason, to board the ship and abscond abroad, commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

 

 

 

Drunkenness.

19. A master or member of the crew, who in the course of his duty is in a drunken condition, commits an offence and, in case of conviction, shall be liable to a fine not exceeding one thousand pounds.

 

 

 

 

Contravention of service obligations of the master.

20.  The master commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand and five hundred pounds or to both such sentences, in case where he-

 

 

 

 

 

 

(a) fails to deliver to the Competent or Consular Authority of  the United Cyprus Republic the Booklets (SISR) and certificates of maritime competency which were abandoned on the ship by seafarers who were unlawfully absent from the ship, or

 

 

 

 

 

 

(b) fails to hold an investigation in respect of an offence committed on board the ship, to ensure that the person considered as liable for the offence is transferred to, and the dossier of the investigation is handed over to, the Competent or Consular Authority of  the United Cyprus Republic or

 

 

 

 

 

 

(c)  fails   to   prepare    documents   the     preparation

      of which is mandatory under the Laws in force in  the United Cyprus Republic,  or

 

 

 

 

 

 

 

(d)  does not bring on the ship the maritime documents and books as required under the Laws in force in  the United Cyprus Republic, or

 

 

 

 

 

 

(e) takes on board an excessive number of passengers or allows the overloading of the ship or the bad storage or he erases or alters the load lines of the ship or does not enter a passenger in the proper list, or

 

 

 

 

 

 

(f)  fails to enter in the Logbook a maritime casualty or other important occurrence or fails to keep regularly and properly the maritime documents of the ship, or

 

 

 

 

 

 

(g) orders the departure of the ship before the scheduled time of departure and consequently abandons on shore a seafarer or passenger, or

 

 

 

 

 

 

(h)  submits          to      the      Competent       or      the

      Consular Authority of the United Cyprus Republic a false account as to the remuneration which is owed and due to an absent seafarer, or

 

 

 

 

 

 

(i)  delays the issuing of a ticket for the repatriation  of a seafarer, or

 

 

 

 

 

 

 

(j)  does not observe the current provisions of the Federal      Law    on      Merchant      Shipping

 

 

 

      (Registration of Ships, Sales and Mortgages) relating to the marking of the ship or erases or alters, covers up or conceals the same, or

 

 

 

 

 

 

(k) makes a voyage without having previously ascertained whether the ship is capable of safe sailing or whether she is equipped with the necessary life-saving apparatus, instruments and appliances,  or

 

 

 

 

 

 

(l)  fails to take the proper measures for safeguarding the health of the persons on board or for providing the appropriate medical treatment, or

 

 

 

 

 

 

(m) fails, without reasonable cause, to carry out exercises for the safety of the ship or for the avoidance of pollution as provided in the relevant Regulations which are in force from time to time.

 

 

 

 

Employment of seafarers without the appropriate certificates.

21.-(1)  A master who employs a person who is not a holder of the relevant certificate of maritime competency or a certificate or a document certifying his special training as requested for the specific position or a dispensation commits an offence and, in case of conviction, shall be liable to a fine not exceeding five thousand pounds.

 

 

 

 

 

     (2)  A master who permits the execution of a specific job, which requires someone who holds a relevant certificate of maritime competency or a certificate or a certified document of special training or a dispensation, by a person who does not hold the relevant certificate of maritime competency, or a certificate or a certified document of special training or a dispensation commits the same offence as is provided for  in subsection (1).

 

 

 

 

Deception by seeking employment.

22.-(1) A person who attempts or succeeds in obtaining employment by use of deception or with forged certificates, when a relevant certificate of maritime competency or a certified document of a special training or a dispensation is required, commits an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     (2)  Any person who attempts or succeeds to be employed with forged medical examination certificates, as these are defined by the Federal Law on Merchant Shipping (Medical Examination of Seafarers and Issue of Certificates) commits the same offence as provided for in subsection (1).

 

 

Assistance to parties who intent to initiate proceedings.

23. Where any company which or any person who is believed on clear grounds to have been responsible for or to have knowledge of any apparent non-compliance with articles 21 or 22, and such company or person is located within the jurisdiction of the United Cyprus Republic, then the Competent Authority shall extend cooperation to any member state or other Contracting Party to the STCW Convention, which advises it of its intention to initiate proceedings under its jurisdiction.

 

 

 

 

 

PART III

MARITIME DISCIPLINARY OFFENCES

 

 

 

 

Maritime disciplinary offences.

24.-(1) The following shall constitute a maritime  disciplinary offence punishable as provided for in this Part:

 

 

 

 

 

 

(a)  The commission of a criminal offence as provided for in this Law, the smuggling, the casting away of ships or  the commission of any other criminal offence involving dishonesty or moral turpitude; and

 

 

 

(b) every contravention of the service duties of a seafarer.

 

 

 

 

 

     (2)  Where proceedings have been taken against a seafarer for a criminal offence and such seafarer has not been found guilty thereof, no disciplinary proceedings can be taken against him on the same charge, but proceedings may be taken against him for a disciplinary offence arising out of his conduct which, though connected with the criminal case, yet does not raise the same issue as that of the charge in the criminal proceedings.

 

 

 

 

Maritime disciplinary sentences.

25. Maritime disciplinary offences shall be punishable with the following disciplinary sentences -

 

 

 

 

 

 

(a)   warning;

 

 

 

 

 

 

(b)   reprimand;

 

 

 

 

 

 

(c)  fine of up to one-fifth of the recorded in the register monthly salary or where a second disciplinary offence is committed within a period of two months, up to one third of the monthly salary; and

 

 

 

 

(d) deprivation of the right to exercise a seafarer's profession, temporarily or permanently, as provided in the following provisions of this Part.

 

 

 

Temporary deprivation of the right to exercise a seafarer's profession.

26.-(1) A temporary deprivation of the right to exercise a seafarer's profession shall be imposed:

 

 

 

 

 

 

(a)  In the case of a maritime disciplinary offence which is especially serious;

 

 

 

 

 

 

(b) following a final court conviction, in respect of a criminal offence provided for in this Law or in respect of smuggling; and

 

 

 

 

 

(c) in the cases prescribed in the following section, where it is determined that there are no grounds for imposing a sentence of permanent deprivation of the right to exercise a seafarer's profession.

 

 

 

 

Permanent deprivation of the right to exercise a seafarer's profession.

27.-(1)  A permanent deprivation of the right to exercise a seafarer's profession shall be imposed:

 

 

 

 

 

 

(a) in respect of a marine casualty due to fraud, or in respect of marine casualty due to serious negligence, provided that, as a consequence of the casualty, a total loss of the ship, actual or constructive, loss of life or grave bodily harm has occurred;

 

 

 

 

 

 

(b)  for acts or omissions which constitute a great danger   to   the   safety   of   the ship, to life or to

 

 

 

      property in the sea or for the marine environment; and

 

 

 

 

 

 

(c) following a final court conviction with a penalty of imprisonment for a term exceeding one year, in respect of a contravention of the provisions concerning possessing or dealing in drugs or in respect of a criminal offence involving dishonesty or moral turpitude.

 

 

 

 

Suspension of validity or cancellation of certificates

28. The imposition of a disciplinary sentence of a temporary or a permanent deprivation of the right to exercise a seafarer's profession shall be entered in the Seafarer's Register, and shall entail, according to each case of temporary or permanent deprivation, the withdrawal of the Booklet (SISR) and of the certificate of maritime competency of the convicted seafarer, as well as the suspension of the validity or the cancellation of the certificate of maritime competency, or the endorsement of this certificate, according to the provisions set out in Part VI of this Law.

 

 

 

 

Commutation of a sentence of temporary deprivation of the right to exercise a seafarer's profession.

29. The disciplinary sentence of temporary deprivation of the right to exercise a seafarer's profession may be converted, in the judgment of the Board which tries the offence, to a fine up to one eighth of the monthly salary recorded in the register for each month of deprivation.  The person convicted has the right to choose between deprivation of the right to exercise a seafarer's profession and the fine or a combination of the two.

 

 

 

 

Limitation of time-bar for maritime disciplinary offences.

30. Maritime disciplinary offences shall be statute-barred as follows:

 

 

 

 

 

 

(a)  Those     coming       under    the  competence     of

       the master, six months after they have been committed;

 

 

 

 

 

 

(b)  those     coming    under     the     competence     of

      the Competent or Consular Authority of  the United Cyprus Republic, one year after they are committed;  and

 

 

 

 

 

 

(c) those coming under the competence of the Board two years after they have been committed or after the issue of the final court decision in consequence of which the further disciplinary prosecution is taking place.

 

 

 

 

Disciplinary Organs.

31.-(1) The Disciplinary Organs competent to exercise disciplinary powers over seafarers and to impose disciplinary sentences under the provisions of this Law shall be:

 

 

 

 

 

 

(a)        The master.

 

 

 

 

 

(b)            The Competent or the Consular Authority of Cyprus.

 

 

 

 

 

 

 (c)     The Board.

 

 

 

 

 

     (2) The competent Disciplinary Organs shall examine the disciplinary offences either on their own motion or if it is reported to them that a seafarer may have committed such an offence.

 

 

 

 

Imposition of disciplinary sentences.

32.-(1) The sentences of warning, reprimand and fine may be imposed on the seafarer by the master of the ship.

 

 

 

 

 

      (2) The sentences of warning, reprimand and fine may be imposed on the master by the Competent or the Consular Authority of  the United Cyprus Republic.

 

 

 

 

 

     (3)  The sentences of deprivation of the right to exercise a seafarer's profession, temporarily or permanently, may be imposed by the Board.

 

 

 

 

Disciplinary prosecution.

33. A disciplinary prosecution against any seafarer may be conducted by the Organs which are competent to conduct such prosecution under section 30 of this Law and which shall inform the seafarer concerned of the case against him and of the statements of the witnesses.

 

 

 

 

Recourse against

disciplinary decisions.

34.-(1) A recourse against a decision of the master, imposing a sentence of a fine may be made to the Competent or the Consular Authority of the United Cyprus Republic at the ship's first port of call.

 

 

 

 

 

     (2)  A recourse against the decisions of the Competent or the Consular Authority of  the United Cyprus Republic imposing a sentence of fine may be made to the Board.

 

 

 

 

 

     (3)  The decisions of the Board shall be subject to recourse before the Supreme Court of Cyprus.

 

 

 

 

 

     (4) A Disciplinary Organ which examines a recourse against a decision of another Disciplinary Organ shall not be allowed to increase the disciplinary sentence imposed.

 

 

 

 

Right of seafarer to be heard.

35.-(1) The seafarer against whom a disciplinary prosecution is carried out, shall be given the opportunity to be heard before the establishment of guilt, as well as to the determination of the sentence, within a reasonable, under the circumstances, time.

 

 

 

 

 

     (2)  The right to be heard  by the Board is regulated by section  46 of this Law.

 

 

 

 

 

     (3)  The statement of the seafarer's case may be submitted either by mail or by his lawyer.

 

 

 

 

Disciplinary Organs decisions.

36.-(1) The Organs which exercise disciplinary power shall issue a written, reasoned decision.

 

 

 

 

 

     (2) The decisions of the master or the Competent or Consular Authority of Cyprus, by means of which a disciplinary sentence is imposed may, by way of exception, be registered in the list of the ship's crew and shall be announced to the seafarer concerned, who is called to sign the relevant statement.

 

 

 

 

Fine.

37. Any fine which is imposed on a seafarer in accordance with the provisions of this Part shall be paid as soon as possible under the circumstances and shall be payable to the  federal state.

 

 

 

 

 

PART IV

MERCHANT SHIPPING DISCIPLINARY BOARD

ESTABLISHMENT AND COMPOSITION

 

 

 

 

Composition of the Merchant Shipping Disciplinary Board.

38. A Merchant Shipping Disciplinary Board, consisting of five members, is hereby established.

 

 

 

 

Composition of the Board.

39.-(1) The Presidential Council, by a decision published in the Gazette, may, from time to time, appoint the members of the Board as follows:

 

 

 

 

 

 

(a)  a lawyer of high professional and moral standard, nominated by the Attorney General of Cyprus;

 

 

 

 

 

 

(b)    two officers  of the Directorate, nominated by the Member;

 

 

 

 

 

 

(c)  a representative from the shipowners’ association, nominated by the Member;

 

 

 

 

 

(d)   a Master , nominated by the Member proposed by the Master Mariners’ Association;

 

 

 

 

 

 

(e)   a representative from a registered union to which the accused seafarer belongs, or with which his union is associated, nominated by the Minister, upon a proposal of the registered union:

provided that at least two of the members of the board shall hail from either constituent state; provided further that in case of equal votes the chairman will have the casting vote.

 

 

 

 

 

     (2)  The person referred to in paragraph (a) of subsection (1) shall act as Chairman of the Board and, in case of his absence, the person appointed pursuant to subsection (1) of section  39.

 

 

 

 

Deputy members of the Board.

40.-(1) The Presidential Council may appoint deputy members to replace the members referred to in section 39, in case any such member is unable to perform his duties due to illness, absence or for any other reasonable cause

 

 

 

 

 

     (2) The appointment of deputy members shall take place in a   manner   similar   to   the   appointment   of   the   members

referred to in section 39.  The deputy members shall have the same qualifications as the corresponding members appointed under section 39.

 

 

 

 

Term of office.

41.-(1) The term of office of the members of the Board, with the exception of the person appointed under paragraph (e) of subsection (1) of section 39, is three years and is renewable.

 

 

 

 

 

     (2)  In case of vacancy in the office of any member of the Board, either by reason of death, resignation or any other cause, before the expiring of such term of office, another member shall be appointed for the remainder of such term of office, in a   manner   similar   to   the   appointment   of   the   members referred to in section 39.

 

 

 

 

Declaration of an

interest of any member.

42.-(1) A member of the Board, who has an interest in a case under examination, shall declare such interest before the commencement of the procedure and request to be exempted. 

 

 

 

 

 

     (2) The person facing a disciplinary charge may, by a written application, before the beginning of the procedure, request the exemption of a member of the Board.  On his application the said person must provide the reasons that justify the exception, as well as the evidence which establishes his assertions.

 

 

 

 

 

PART V

PROCEDURE IN THE PRESENCE OF MERCHANT SHIPPING DISCIPLINARY BOARDS

 

 

 

 

Examinations of disciplinary charges.

43. The Board may, in examining a charge against a master or a member of the crew -

 

 

 

 

 

 

(a)  summon in writing the person accused to appear before it in order to be heard, or

 

 

 

 

 

 

(b)  appoint an officer of the department of merchant shipping as an investigating officer to investigate the accusation.

 

 

 

 

Powers of the  investigating officer.

44.-(1) The investigating officer must carry out the investigation promptly.

 

 

 

 

 

     (2) In carrying out the investigation, the investigating officer shall have the power to hear any witnesses and to obtain written statements from any person who may have knowledge of any of the facts of the case.  Any such person shall give all information within his knowledge and shall sign any statement so given, after this has been read to him.

 

 

 

 

 

     (3)  The investigating officer shall report his conclusion to the Board, giving full reasons in support thereof and submitting all documents relevant to the case.

 

 

 

 

 

     (4)  Upon receiving the report of the investigating officer the Board shall summon the accused to appear before it for the hearing of the disciplinary charges preferred against him.

 

 

 

 

Summoning of the accused to appear before the Board.

45. The summon shall be made in writing and shall set out the date, time and place, where the accused person is called to appear.  It shall also include a brief statement of the charge, as well as the evidence on which it is  based.

 

 

 

 

Hearing of the case.

46.-(1) Two members of the Board, together with the member appointed in pursuance with paragraph (a)  of  subsection (1) of  section 39, shall constitute a quorum.

 

 

 

 

 

     (2)  If the accused appears on the date fixed by the Board for the hearing of the case, the hearing thereof shall proceed, as nearly as may be, in the same manner as the hearing of the criminal case in a summary trial.

 

 

 

 

 

     (3)  If the accused  does not appear on such date, then , on proof of service of the summons on him, the hearing of the case shall proceed in his absence.

 

 

 

 

 

     (4) During the hearing of the case the Board have power:

 

 

 

 

 

 

(a)  To summon witnesses and require their attendance.

 

 

 

 

 

 

(b) To require production of any document relevant to the charge.

 

 

 

 

 

 

(c) To admit any evidence, whether written or oral, even if inadmissible in civil or criminal proceedings.

 

 

 

 

 

 

(d) To adjourn the hearing from time to time, provided that the hearing proceeds as expeditiously as possible.

 

 

 

 

 

    (5)  The officer of the department of merchant shipping who exercised the duties of an investigating officer, or a lawyer nominated for this purpose by the Board, shall conduct the prosecution.

 

 

 

 

 

      (6)  A record of the proceeding at the hearing shall be taken and, at the end of the proceeding, will be signed by the Chairman and the members of the Board.

 

 

 

 

 

      (7)  The Board may either acquit the accused or find him guilty of all or any of the offences charged and, after hearing the accused as to the determination of sentence, impose upon him any disciplinary punishment which  the circumstances of the case justify, namely, a permanent or temporary deprivation of the right to exercise a seafarer's profession.

 

 

 

 

Procedure for taking decisions.

47.-(1)  The  decisions of the Board shall be duly reasoned  and shall be taken by a majority vote of the members that are present; in case of equal votes, the Chairman shall have a casting vote.

 

 

 

 

 

     (2) In case of imposition of the sentence of temporary deprivation of the right to exercise the seafarer's profession, the decision to fix a period of deprivation shall be taken in the same manner as that provided in the preceding subsection.  In cases where there are more than two proposals regarding the period of deprivation, such period shall be fixed taking into account all proposals.

 

 

 

 

 

     (3) The decision shall be announced by the Chairman in the presence of the other members of the Board.

 

 

 

 

Secretariat of the Board.

48.-(1) Secretary of the Board shall be an officer of the directorate, who is not a member of the board.  , Nominated for this purpose by the   Minister and appointed by the Presidential Council, by the decision pursuant to section 39.

 

 

 

 

 

     (2) The Secretary shall be responsible for keeping the minutes of the meetings of the Board and for dealing with the cases referred to the Board, in accordance with the directions of the Chairman of the Board.

 

 

 

 

Advocate.

49. During the disciplinary procedure before the Board, the accused may be represented by a lawyer of his choice.

 

 

 

 

Criminal offence.

50. Any person summoned, during the hearing of a disciplinary case, before the Board, who fails to attend or refuses to answer any question that is lawfully put to him or refuses to produce a lawfully required document or any other sufficient evidence, shall be guilty of an offence and, in case of conviction, shall be liable to a fine not exceeding one thousand pounds*.

 

 

 

 

 

PART VI

TEMPORARY OR PERMANENT DEPRIVATION OF THE

BOOK (SISR) – SUSPENSION OF VALIDITY,

CANCELLATION OF CERTIFICATE OF MARITIME

COMPETENCY

 

 

 

 

Temporary deprivation of Booklet (SISR), suspension of certificate of

competency.

51.-(1) In case where the Board imposes on a seafarer the sentence of temporary deprivation of the right to exercise  his  profession, such seafarer must surrender, immediately after the imposition of the sentence, to the Board or to the Competent or Consular Authority of the United Cyprus Republic:

 

 

 

 

 

 

(a)  the Booklet (SISR), in his possession; and

 

 

 

 

 

 

(b) the certificate of maritime competency; or, in the case of a holder of a certificate of competency issued by a foreign country and recognized and certified according to the provisions of Part VIII of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training) , the separate document which contains the certification.

 

 

 

 

 

     (2) The validity of the aforementioned documents shall be suspended for the duration of the imposed deprivation.

 

 

 

 

 

     (3) The Competent or Consular Authority the United Cyprus Republic shall return to the seafarer, upon application, the Booklet (SISR), as well as the certificate of maritime competency or, according to the case, the certified document, after the expiration of the deprivation imposed on him.

 

 

 

 

Permanent deprivation of Booklet (SISR)- cancellation of the certificate.

52.-(1) In case where the Board imposes to a seafarer a sentence of permanent deprivation of the right to exercise his profession, such seafarer must surrender, immediately after the imposition of the sentence, to the Board or to the Competent or the Consular Authority of the United Cyprus Republic:

 

 

 

 

 

 

(a) The Booklet (SISR) in his possession; and

 

 

 

 

 

 

(b) the certificate of maritime competency or the certified document in his possession, according to the case, as provided in subsections (3) and (4).

 

 

 

 

 

     (2) The surrendered Booklet (SISR) shall be cancelled, and the seafarer's name shall be deleted from the Seafarers Register.

 

 

 

 

 

     (3) The certificate of maritime competency of such seafarer, if issued and endorsed by the Competent Authority according to the provisions of Part VI of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training) , shall be surrendered and cancelled.

 

 

 

 

 

     (4) The certificate of maritime competency of such seafarer, if recognized and certified according to the provisions of Part VIII of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training) , shall not be cancelled; it shall be surrendered and the endorsement of the certificate made in a separate document shall be cancelled.

 

 

 

 

Criminal offence.

53. Α seafarer, who fails to surrender the Booklet (SISR) or the certificate of maritime competency or the certified document, as referred to in sections 51 or 52 of this Law, shall be guilty of an offence and, in case of conviction, shall be liable to a fine not exceeding five thousand pounds.

 

 

 

 

Informing the country which issued the certificate.

54. In case where the convicted seafarer holds a certificate of maritime competency issued by another country and recognised in accordance with the provisions of Part VIII of the Federal Law on Merchant Shipping (Issue and Recognition of Certificates and Marine Training), the decision of the Board relating to the imposition of a sentence of a temporary or a permanent deprivation of the right to exercise his profession, and the suspension of the validity or the cancellation of the endorsement of the certificate shall be notified  by the Competent Authority to the Competent or Diplomatic or Consular Authority of the country which issued the certificate of maritime competency of such seafarer for its information.

 

 

 

 

 

 

PART VII

FINAL PROVISIONS

 

Issue of Regulations.

56. The Presidential Council may make Regulations to be published in the Gazette for the better carrying into effect of the provisions of this Law.