Prohibition as to supply of fuel, victuals and neces- saries, and the repair of ships and nircraft.
Offences by corpora- Lions.
2
of any directions given under this regulation, the master of the ship or, as the case may be, the pilot of the aircraft, shall be guilty of an offence against these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any ship or aircraft, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any directions given under this reguli- tion relating to the ship or aircraft, or, where an offence against these regulations has occurred in the case of the ship or aircraft, For enabling proceedings in respect of the offence to be effernally | taken.
4. (1) The Governor may, if it appears to him to be neces- sary or expedient in the public interest, by order prohibit any ship or aircraft to take on board any fuel, victuals or necessaries or to effect any repairs, as may be specified in such order, whilst such ship is within the harbours and territorial waters of the Colony or whilst such aircraft is in the Colony,
Any such order under this regulation may he made so as to apply either to a panicular ship or aircraft or to ships or aircraft of a particular class,
(2) Any person who acts in contravention of any order under this regulation by supplying or taking on board, any ship or aircraft, against which such order has been made, any such fuel, victuals or necessaries, or by effecting any such repairs whilst such ship is within the harbours and territorial waters of the Colony or whilst such aircraft is in the Colony, or, if there is any contravention of such an order in the case of a ship or oitcmf, the master of the ship or the pilot of the aircraft, as the case may be, and the person having the management thereof shall all be individually guilty of an offence against these regulations.
(3) Any person acting on behalf of the Governor may, in relation to any ship or aircraft, take such steps, and use such force, as may appear to that person to be reasonably necessary for securing compliance with any order made under this regulation relating to the ship or aircraft, or, where an offence against these regulations has occurred in the case of the ship or aircraft, for enabling proceedings in respect of the offence to be effectually
taken.
5. Where a person convicted of an offence against these regulations is a hody corporate, every person who, at the time of the offence, was a director or officer of the body corporate shall le
deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
6.
(1) Any person who contravenes or fails to comply with Penalty. any of these regulations, or any order made under these regula- tions or any direction given or requirement imposed under these regulations, shall be guilty of an offence against these regulations and shalf
(a) on Summary conviction, be liable to a fine of five thousand dollars and to imprisonment for two years; or
(b) on conviction on indictment, be liable to a fine of ten thousand dollars and to imprisonment for five years.
(2) Where any ollence against these regulations shall have been committed, whether any person shall have been con- ricted in respect thereof or not, it shall be lawful for the court or a magistrate to order to be forfeited to the Crown any ship or aircraft in respect of which such offence has been committed and upon the making of any such order of forfeiture the said ship or aircraft shall become the property of the Crown free from all rights of any person. Before making any such order the court or magistrate shall give to any person claiming or appearing to the court or magistrate to be the owner of or otherwise interested in such ship or aircraft an opportunity of being heard: Provided that it shall be lawful for the Governor in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.
COUNCIL CHAMBER,
18th October, rojo.
Alution Wal
Deputy Clerk of Councils,
Explanatory Note.
The regulations empower the Governor for person acting on his lebalt), if it appears to be necessary so to do in the public interest (as defined) to give directions prohibiting the entry or departure or the supply repair of ships and aireraft. The regulations further provide for penalty yne and imprisonment and by forfeiture of a ship or aircraft upon oyletion of an offence committed by failure to comply with any such sohibition.