Provers of
yea
Ber. 1974 a. 17.
■. 20.]
24
(3) An authorized officer boarding a vessel under subsection (1) may Lake with him such peckons as may be necessary to assist him for the purposes of this section,
(4) The master of a vessel, when required to stop the vessel by an authorized officer in the exercise of his powers under subsection (1). shall slop the vessel and permit the authorized officer to board the vessel.
(5) Any master who without reasonable excuse-
(a) fails to comply with a direction given under subsection (2)(6); or (b) contravenes subsection (4).
commits an offence and is liable to a fine of $5,000.
60 (1) Subject to subsection (3), for the purpose of any investigation by an inspector under section 39 or by an authorized officer under section 59, so inspector or authorized officer may-
(a) require that the vessel which he has boarded or any part of it, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary to carry out the Investigation;
(b) take such measurements and photographs and make such record-
ings as be considers occesary;
(c) inspect, seize and remove from the vessel any article or substance in respect of which he suspects on reasonable grounds that an offence under this Ordinance or any other enactment has been committed;
(d) in the case of any article or substance removed under para-
graph (c), detain it for so long as is necessary-
(1) to examine it and to cause it to be subjected to any process or rest;
(i) to ensure that it is not tampered with before the cxamios- tion of it is completed:
(ii) to ensure that it is available for use as evidence in any proceedings for an offence under this Ordinance or any other coactment;
(e) require any person whom be bas reasonable cause to believe to be able to give any information relevant to the investigation to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector or authorized officer may allow to be present) such questions as the inspector or authorized officer thinks Gt to ask and to sign a declaration of the truth of his answers;
( require the production of, inspect, and take copies of any entry
ia, the log book of the vessel or any document which it la neces sary for him to see for the purposes of the investigation.
(2) No answer given by a person in pursuance of a requirement imposed under subsection (1)e) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings.
(3) For the purpose of an lovestigation under section 39. the powers of an inspector shall be limited to matters to which Part V related or to offences under that Part.
(4) Any person who-
(a) contravenes any requirement imposed by an inspector or author-
ized officer under subsection (1))
25
(b) prevent any other person from appearing before an inspector or authorized officer or from answering any question to which an inspector or authorized officer may by virtue of subsection (1)(e) require an answer,
commits un offence and is liable to a fine of $5,000 and to imprisonment for 6 munthu.
GE. (1) A direction given under this Ordinance may be given orally Giving of or in writing, or by means of signals,
(2) If requested by any person who is given a direction orally or by means of signals the person giving the direction shall confirm the direction in writing.
(3) A direction given under this Ordinance shall be complied with-
(a) forthwith; or
(b) where a time limit for compliance is specified in the direction,
within such time limit,
notwithstanding that the direction has not been confirmed under sub- section (2).
(4) Where under this Ordinance a direction may be given to a master of a vessel it shall be sufficient if the direction is given to a person on board the vessel who is oa duty to accept any direction on behalf of the master, and if there is no such master or such master cannot be traced, the direction may be given to the owner of the vessel or his agent or to any other person who appears to the person giving the direction to be in control of the vessel at that time.
(5) The giving of a direction under this Ordinance shall not diminish or in any way affect the responsibility of the master in relation to his vessel, persons on board, its cargo or any other person or property.
(6) Without prejudice to any other express penalty for failure to comply with a direction, any person who without reasonable excuse fails to comply with a direction given to him under this Ordinance commits an offchce and is liable to a fine of $10,000 and to imprisonment for 6 months.
direction and offence at man-cama pillunce,
62. (1) Where a person who is given a direction under this Ordinance Deretor may fails to comply with it, the Director may, whether or not the person is give effect to
directors In or will be prosecuted for an offence under this Ordinance, take or cause cenala case. to be taken such action as may be necessary to give effect to the direction.
(2) Where no person to whom a direction under this Ordinance may be given exists or can be found, the Director may take or cause to be taken such action as he would have directed to be taken if such person existed or could be found.
(3) In a case of emergency affecting the safety of life or property the Director may take or cause to be taken such action as he would have directed to be taken under this Ordinance.
(4) For the purpose of taking any action under this section in respect of any vessel or property, the Director may board the vessel or enter the property without the permission of the owner or his agent or of the master of the vessel, or the owner or occupier of the property, as the case may be, and take with him such persons as may be necessary to assist him for that purpose.