1964_MERCHANT_SHIPPING_ORDINANCE — Page 19

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CAP. 281]

Merchant Shipping

[1986 Ed.

(a) in the case of an offence against subsection (1)(a)–

(i) to imprisonment for 3 months;

(ii) to forfeit all or any part of the effects which he has left on board the ship and the wages (if any) which are due to him at the time of his desertion; and

(iii) to make good any excess of wages which have been properly paid by the owner or master of the ship to any substitute engaged in his place at a rate higher than that stipulated to be paid to him under his contract of service;

(b) in the case of an offence against subsection (1)(b) or (c) (not being an offence which is also an offence against subsection (1)(a)})—

(i) to imprisonment for 10 weeks; and

(ii) to forfeit out of his wages a sum not exceeding 2 days' pay and, in addition for every 24 hours' absence, either a sum not exceeding 6 days' pay or the expenses properly incurred in employing a substitute, whichever is the smaller amount;

(c) in the case of an offence against subsection (1)(d), to

forfeit out of his wages 1 month's pay;

(d) in the case of an offence against subsection (1)(e)-

(i) to imprisonment for 1 month; and (ii) to forfeit out of his wages 2 days' pay;

(e) in the case of an offence against subsection (1)(/)—

(i) to imprisonment for 3 months; and

(ii) to forfeit, for every 24 hours continuance of the disobedience or neglect, either a sum not exceeding 6 days' pay or the expenses properly incurred in employing a sub- stitute, whichever is the smaller amount;

() in the case of an offence against subsection (1)(g), (h), (i)

or (j), to imprisonment for 3 months. (Added, 73 of 1974, s. 12)

(1B) For the purposes of this section-

(a) subsection (1)(a), (b), (c), (d) and (j) do not apply to

seamen or apprentices from any foreign ship; and

(b) if a seaman or apprentice from a foreign ship is charged with any other offence against that subsection and there is resident in Hong Kong a consular officer of the country or territory to which the ship belongs, the magistrate shall only deal with the case if-

(i) he is requested in writing by the consular officer to do so; and

(ii) the consular officer undertakes in writing that the seaman or apprentice will not become a charge on the finances of Hong Kong in consequence of being so dealt with. (Added, 73 of 1974, s. 12)