1981 Ed.]
Merchant Shipping (Safety)
[CAP. 369
63
as to the way in which samples that have been so taken are to be dealt with.
(4) Where a person proposes to exercise the power conferred by subsection (1)(g) in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless he considers that its being done in that person's presence would be prejudicial to the safety of that person.
(5) Before exercising the power conferred by subsection (1)(g), the person shall consult such other persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.
(6) Where under the power conferred by subsection (1)(h) a person takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power he shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.
(7) No answer given by a person in pursuance of a requirement imposed under subsection (1)(i) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of section 116(c) in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in subsection (1)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the person exercising the powers under this section on behalf of the person who nominated him.
(8) Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.
116. A person who-
(a) wilfully obstructs any person in the exercise of any power conferred on him by section 115; or
(b) without reasonable excuse, does not comply with a requirement imposed in pursuance of section 115 or prevents another person from complying with such a requirement;
or
Obstruction.
1981 Ed.]
Merchant Shipping (Safety)
[CAP. 369
63
as to the way in which samples that have been so taken are to be dealt with.
(4) Where a person proposes to exercise the power conferred by subsection (1)(g) in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless he considers that its being done in that person's presence would be prejudicial to the safety of that person.
(5) Before exercising the power conferred by subsection (1)(g), the person shall consult such other persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.
(6) Where under the power conferred by subsection (1)(h) a person takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power he shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.
(7) No answer given by a person in pursuance of a require- ment imposed under subsection (1)(i) shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of section 116(c) in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in subsection (1)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the person exercising the powers under this section on behalf of the person who nominated him.
(8) Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.
116. A person who-
(a) wilfully obstructs any person in the exercise of any power
conferred on him by section 115; or
(b) without reasonable excuse, does not comply with a require- ment imposed in pursuance of section 115 or prevents another person from complying with such a requirement;
or
Obstruction.
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