Section 104
of Merchant Shipping Ordinance 1960
Section 104
If in North Borneo a seaman or apprentice belonging to a North Borneo ship is guilty of the offence of desertion or of absence without leave, or otherwise absents himself from his ship without leave, the master or any mate, or the owner, agent, or charterer of the ship may, with or without the assistance of any police officers, convey him on board his ship, and every police officer is hereby directed to give assistance if required:
Provided that if the seaman or apprentice so requires, he shall first be taken before the
Court of a Magistrate to be dealt with according to law.
(2)
If it appears to the Court before which the case is brought that the seaman or apprentice has been conveyed on board or taken before the Court on improper or insufficient grounds, that Court may, notwithstanding any limitation of its ordinary jurisdiction, inflict on the master, mate, owner, agent or charterer, as the case may be, a fine of five hundred
57
dollars; but the infliction of that fine shall be a bar to any action for false imprisonment in respect of the arrest.
Power of Court to order offender to be taken on board ship.