Malaysia legislation
Section 107
Section 107
If a seaman lawfully engaged in, or an apprentice belonging to, a North Borneo ship where such ship is within North Borneo, commits any of the following offences (in this
Ordinance referred to as “offences against discipline”), he shall, on conviction thereof, be liable to be punished as follows –
(a)
if he quits the ship without leave after her arrival at her port of delivery, and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month’s pay;
(b)
if he is guilty of wilful disobedience to any lawful command, he shall be liable to imprisonment not exceeding four weeks, and also, at the discretion of the Court, to forfeit out his wages a sum not exceeding two days’ pay;
(c)
if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to imprisonment not exceeding twelve weeks, and also, at the discretion of the Court, to forfeit for every twenty-four hours continuance of disobedience or neglect either a sum not exceeding six days’ pay or any expenses properly incurred in hiring a substitute;
(d)
if he assaults any officer of the ship, he shall be liable to imprisonment not exceeding twelve weeks;
(e)
if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment not exceeding twelve weeks;
(f)
if he wilfully damages his ship, or dishonestly misappropriates or converts to his own use, or commits criminal breach of trust in respect of, or wilfully damages, any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment not exceeding twelve weeks;
(g)
if he is convicted of any act of smuggling, whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to the master or owner a sum sufficient to reimburse the loss or damage; and the
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whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.
Summary remedies not to affect other remedies.