Section 103
of Merchant Shipping Ordinance 1960
Section 103
Where a seaman belonging to a North Borneo ship who has been lawfully engaged and has received under his agreement an advance note, after negotiating his advance note wilfully or through misconduct fails to join his ship or deserts therefrom before the note becomes payable, he shall be guilty of an offence and shall be liable to imprisonment for three months and a fine of five hundred dollars; but nothing in this section shall take away or limit any remedy by suit or otherwise which any person would otherwise have in respect of the negotiation of the advance note, or which an owner or master would otherwise have for breach of contract.
(2)
Where it is shown to the satisfaction of the Superintendent that a seaman belonging to a North Borneo ship and lawfully engaged has wilfully or through misconduct failed to join his ship, the Superintendent may direct that the seaman’s certificate of discharge shall be withheld for such period as he may think fit, and while a seaman’s certificate of discharge is so withheld the Superintendent and any other person having the custody of the necessary documents, may, notwithstanding anything in this or any other written law, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.
Conveyance of deserter on board ship.