Question 52 GLI03 - Master-LT 500-1600 GRT

The Correct Answer is B. ### **Why Option B (Log the seaman as a deserter) is correct:** Desertion, in maritime law and practice, is generally defined as the abandonment of duty by a crew member before the expiration of the agreed term of service, without justification or permission, and with the intention not to return. In this scenario: 1. **The seaman left the vessel:** He abandoned his post. 2. **The vessel was in a foreign port:** This is a key factor, as the seaman was required to be aboard to sail. 3. **The intention not to return was clearly communicated:** The seaman informed the Chief Officer that he would not return. 4. **Physical evidence of intent not to return permanently was found:** Leaving his work clothes in the locker confirms the intent to sever the employment relationship and not resume duty. 5. **The vessel sailed without him:** The seaman breached his contract and failed to perform his duties when required. Therefore, the Master must log the seaman as a **deserter**. This formal logging allows the company to terminate his contract, withhold wages due (subject to relevant conventions like the ILO Seafarer Identity Documents Convention and national laws), and notify relevant authorities (such as immigration and flag state authorities) of the desertion. *** ### **Why the other options are incorrect:** **A) Take no action:** This is incorrect because the seaman has breached his contract of employment and abandoned his post in a foreign country. The Master has a legal obligation to formally document the incident (for insurance, legal, contractual, and safety reasons) and notify the relevant authorities, including the consul or immigration officials, of the seaman's status. Ignoring the situation would be irresponsible and potentially illegal. **C) Log the seaman as a fail to join:** A "fail to join" (FTJ) applies to a seaman who signs on the articles of agreement but then never reports for duty (i.e., they never join the vessel). In this scenario, the seaman was already serving aboard the vessel, was currently employed, and was due to sail with the ship. Leaving the vessel while employed and abandoning the contract constitutes desertion, not a failure to join. **D) Log the seaman for misconduct:** While desertion is a form of serious misconduct, logging him simply as "misconduct" is insufficient and inaccurate in this context. Desertion is a specific, severe breach of contract with particular legal consequences (such as wage forfeiture and contract termination). Using the generic term "misconduct" fails to capture the gravity and technical definition of the offense that occurred, which is specifically "desertion."