Malaysia legislation
Section 102
Section 102
If a seaman lawfully engaged, or an apprentice belonging to a North Borneo ship where such ship is within North Borneo, commits any of the following offences he shall, on conviction thereof, be liable to be punished as follows –
(a)
if he deserts from his ship, he shall be guilty of the offence of desertion and be liable to forfeit all or any part of the effects he leaves on board and of the wages which he has then earned, and to satisfy any excess of wages paid by the master or owner of the ship to any substitute engaged in his place at a higher rate of wages than the rate at which wages have been stipulated to be paid to him; and he shall also be liable to imprisonment for twelve weeks;
(b)
if he neglects or refuses without reasonable cause, to join his ship, or to proceed to sea in his ship, or is absent without leave at any time within the period of twenty-four hours next before the ship’s sailing from a port, either at the commencement or during the progress of a voyage, or is absent at any time, without leave and without sufficient reason, from his ship or from his duty, he shall, if the offence does not amount to desertion, or is not treated as such by the master, be guilty of the offence of absence without leave, and be liable to forfeit out of his wages a sum not exceeding two days’ pay, and, in addition, for every twenty-four hours of absence, either a sum not exceeding six days’ pay or any expenses properly incurred in hiring a substitute; and he shall also be liable to imprisonment for ten weeks.
56
Provisions as to failure to join ship and desertion.