Section 105
of Merchant Shipping Ordinance 1960
Section 105
Where a seaman or apprentice belonging to a North Borneo ship is brought before a Court on the ground of the offence of desertion, or of absence without leave, or of otherwise absenting himself without leave, the Court, if the master or the owner or his agent so requires, may, in lieu of committing him to prison, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage or deliver him to the master or any mate of the ship, or the owner or his agent, to be by them so conveyed and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the offence to be paid by the offender, and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagement may afterwards earn.
(2)
If in North Borneo a seaman or apprentice as aforesaid intends to absent himself from his ship or his duty, he may give notice of his intention, either to the owner or to the master of the ship, not less than forty-eight hours before the time at which he ought to be on board his ship,; and, in the event of that notice being given, the Court shall not exercise any of the powers conferred by this section for causing the offender to be conveyed on board his ship.
Seaman imprisoned for desertion may be sent on board before term of imprisonment completed.