Where a seaman lawfully engaged or an apprentice belonging to a Saint Lucian ship—
(a) deserts from his or her ship, he or she commits desertion and is liable on summary conviction to a term of imprisonment not exceeding 3 months, and in addition he or she is liable to forfeit all or any part of the effects he or she leaves on board and the wages which he or she has then earned and, where the master or owner of the ship has engaged a substitute in his or her place at a higher rate of wages than the rate at which wages had been stipulated to be paid to that seaman or apprentice, to satisfy that excess;
(b) neglects or refuses without reasonable cause to join his or her ship or to proceed to sea in his or her ship, or is absent without leave at any time within the period of 24 hours immediately before the ship sails for a port either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason from his or her ship or his or her duty, and the act or omission does not constitute or is not treated by the master as constituting the offence of desertion, he or she commits the offence of absence without leave and is liable on summary conviction to a term of imprisonment not exceeding 2 months, and in addition is liable to forfeit out of his or her wages a sum not exceeding 2 day's pay and in addition for every 24 hours of absence either a sum not exceeding 6 days' pay or any expenses properly incurred in hiring a substitute.