CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 327

MERCHANT SHIPPING.

No. 10 of 1899.

41

any person is likely to be thereby endangered shall be guilty of a misdemeanor, unless he proves that the going to sea in such an unseaworthy state was, in the circumstances, reasonable and justifiable.

British ship

to sea.

[cf. 57 & 58 Vict. c. 60, s. 457 (2).]

(3) A prosecution under sub-sections (1) or (2) shall not be Consent of instituted except with the consent of the Governor.

Governor to prosecution. Lef. 57 & 58 Vict. c. 60, s. 457 (3).]

(4) A misdemeanor under sub-sections (1) or (2) shall not Misde- be punishable on summary conviction.

meanor not punishable on summary conviction. [cf. 57 & 58 Vict. c. 60, s. 457 (4).]

Power to de-

tain unsafe ship, and

for such detention.

(5) Where a British ship being in any port of the Colony is an unsafe ship, that is to say, is, by reason of the defective condition of the hull, equipment or machinery or by reason procedure 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 the ship is intended, any such ship (hereinafter described as unsafe) may be provisionally detained, and afterwards either finally detained or released as follows: :-

(a)* The Harbour Master, if he has reason to believe, on complaint or otherwise, that a British sihp is unsafe, may order the provisional detention of such ship for a period not exceeding twenty-four hours; and subject to the further provisions of this section, the Governor may by order extend such period either indefinitely or for such definite period as he may deem fit.

(b) when a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written state- ment of the grounds of 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 the ship to be finally detained, either absolutely or

* See also No. 25 of 1934 [Merchant Shipping (No. 2) Amendment], s. 6

(not yet in force on 1.1.1938).

[cf, 57 & 58

Vict. c. 60, s. 459 (1).]

[cf. s. 14

(5).]