Section 88

If the master of, or a seaman or apprentice belonging to a North Borneo ship where such ship is within North Borneo, receives any hurt or injury in the service of the ship, or suffers from any illness (not being an illness due to his wilful act or default or to his own misbehaviour)

the expense of providing the necessary surgical and medical advice and attendance and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured or dies or is returned either to the port at which he was shipped or to a port in the country to which he belongs, and of his conveyance to such port, and in the case of death the expense, if any, of his burial, shall be defrayed by the owner of the ship, without any deduction on that account from the wages of such master, seaman or apprentice:

Provided that nothing in this section shall prejudice the rights of any master, seaman or apprentice under the Workmen’s Compensation Ordinance [Ord. No. 14 of 1955.] so, however, that no person shall be entitled to payments under that Ordinance in respect of the period during which the owner of the ships is liable to defray the expenses of such person’s maintenance under this Chapter.

If a master, seaman or apprentice as aforesaid is on account of any illness temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty the expense of the removal and of providing the necessary advice, attendance and medicine, and of his maintenance while away from the ship, shall be defrayed in the manner provided in subsection (1).

The expense of all medicines, surgical and medical advice, and attendance given to a master, seaman or apprentice as aforesaid whilst on board his ship shall be defrayed in the manner provided in subsection (1).

In all other cases any reasonable expenses duly incurred by the owner of any such ship, where such ship is within North Borneo, for any seaman or apprentice in respect of illness, and also any reasonable expenses duly incurred by the owner of any such ship as aforesaid in respect of the burial of any seaman or apprentice who dies whilst on service, shall, if duly proved, be deducted from the wages of the seaman or apprentice.

50

Recovery of expenses from owner.