978
[s. 17
contd.] Consent of
Governor to prosecution.
Misdemeanor not punishable on summary conviction.
Power to
detain unsafe ship, and procedure for
such detention.
No. 10 of 1899.
MERCHANT SHIPPING.
(3) A prosecution under the preceding sub-sections of this section shall not be instituted except with the consent of the Governor.
(4) A misdemeanor under the preceding sub-sections of this section shall not be punishable on summary conviction.
(5) Where a British or colonial ship being in any port of the Colony is an unsafe ship, that is to say, is, by reason of the defective condition of her hull, equipment, or machinery or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter described as "unsafe") may be provisionally detained, and afterwards either finally detained or released as follows:
(a) the Governor, if he has reason to believe, on complaint or otherwise, that a British or colonial ship is unsafe, may provisionally order the detention of such ship;
(b) when a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Governor may, if he thinks fit, appoint some competent person to survey the ship and report to him;
(c) the Governor, on receiving the report, may either order the ship to be released or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations or the unloading or reloading of cargo as the Governor thinks necessary for the protection of human life, and he may vary or add to any such order;
(d) before the order for final detention is made, a copy of the report shall be served on the master of the ship, and, within 7 days of such service, the owner, agent, or master of the ship may appeal in the prescribed manner to the Court of Survey constituted under section 20;
(e) where a ship has been provisionally detained, the owner, agent, or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by such person of nautical, engineering, or other special skill and experience, to be approved by the Governor, as the owner, agent, or master may select; and in