Malaysia legislation
Section 36
Section 36
(1)
No master shall discharge in North Borneo any seaman from any British, North
Borneo or foreign ship without the sanction of the Superintendent or of the consular officer, if any, representing the nation to which such ship belongs, and unless due provision is made for the subsistence and maintenance of such seaman to the satisfaction of the Superintendent in the case of a British or North Borneo ship or a foreign ship whose flag is not represented in
North Borneo by a consular officer, or to the satisfaction of a consular officer in the case of a foreign ship whose flag is so represented; and any master who discharges a seaman in contravention of this subsection shall be guilty of an offence and shall be liable to a fine of five hundred dollars:
Provided that no such provision shall be necessary in respect of any seaman who was engaged in North Borneo or any seaman who, being a British subject domiciled in North Borneo is discharged in accordance with the terms of his agreement.
(2)
No seaman shall, except with the sanction of the Superintendent be discharged from any British or North Borneo ship or foreign ship whose flag is not represented by a consular officer resident in North Borneo, elsewhere than at the Marine Office.
(3)
Whenever any seaman is discharged at the Marine Office, from any ship within
North Borneo, the master of such ship shall give to such seaman at the time of such discharge a written certificate, specifying the time and nature of service, and the time and place of discharge, of such seaman, signed by himself, and shall give him a true account in writing of his wages and all deductions therefrom; and if the master fails to do so he shall be guilty of an offence and shall be liable to a fine of five hundred dollars.
(4)
The master shall also, upon the discharge of every certificated officer whose certificate of competency has been delivered to and retained by him, return the certificate to the officer, and, if without reasonable cause, he fails so to do he shall be guilty of an offence and shall be liable to a fine of two hundred dollars.
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(5)
Any master or any other person belonging to any British or Sarawak ship who wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind in North Borneo any seaman or apprentice belonging to such ship before the completion of the voyage for which such seaman or apprentice was engaged, shall be guilty of an offence and shall be liable to imprisonment for six months and a fine of one thousand dollars.
Report of seamen’s character.