Malaysia legislation

Section 98

of Merchant Shipping Ordinance 1960

Section 98

(1)

If a person receives or takes into his possession or under his control any money or effects of a seaman or apprentice, and does not return the same or pay the value thereof, when required by the seaman or apprentice, subject to such deduction as may be justly due to him from the seaman or apprentice in respect of board or lodging or otherwise, or absconds therewith, he shall be guilty of an offence and shall be liable to a fine of two hundred dollars.

(2)

Notwithstanding any limitation of the ordinary jurisdiction of any Court by which an offence under subsection (1) is tried –

(a)

the Court may, besides inflicting a fine, make an order directing the amount of the money, or the value of the effects, subject to such deduction as aforesaid, if any, or the effects themselves, to be forthwith paid or delivered to the seaman or apprentice; and

(b)

if the person to whom such order is addressed makes default in complying therewith, he may, in the discretion of the Court be ordered to pay a sum

(which shall for the purposes of the Criminal Procedure Code [Ordinance No.

4 of 1959.] be deemed to be a fine which he is sentenced to pay under any written law) not exceeding ten dollars for every day during which he is in default, or to be imprisoned until he has remedied his default, but so that he shall not, for non-compliance with such order, be liable under this section to imprisonment for a period or periods amounting in the aggregate to more than two months, or to the payment of any sums exceeding in the aggregate five hundred dollars.

54

Penalty for solicitations by lodging house keepers.

Section 98 — Merchant Shipping Ordinance 1960 | mylaw.my