Section 145
of Merchant Shipping Ordinance 1960
Section 145
(a) The master of every ship shall, on application to the Port Officer for a port clearance, state the number of passengers he proposes to carry on the then projected voyage; and, if such numbers is in excess of the number allowed by the passenger certificate, or exceeds twelve in the case of a ship which is not provided with a passenger certificate, the Port Officer may refuse port clearance.
(b)
Any master who wilfully misrepresents the number of passengers so about to be carried, or, carrying any passenger, plies or proceeds to sea from any port in North Borneo without a port clearance, shall be guilty of an offence and shall be liable to imprisonment for six months and a fine of one thousand dollars.
(2)
The master of any ship who after having obtained port clearance, piles or proceeds to sea with any number of passengers greater than allowed by the clearance shall be guilty of an offence and shall be liable to a fine of five hundred dollars, in addition to a fine of fifty dollars for every passenger in excess of the number permitted to be carried by the clearance.
(3)
When the master of any ship has become liable under the provisions of subsection
(2)
to the penalty therein mentioned, the owner, agent or charterer of such ship shall be liable to a like penalty unless he proves that such passengers were shipped without his knowledge or consent, and that he derived no profit, benefit or advantage from the shipping of such passengers.
(4)
The Port Officer may refuse port clearance to any passenger ship except on the production of the passenger certificate (being a certificate then in force and applicable); and he may detain such ship until such certificate is produced.
81
Power to enter on and inspect passenger ship.