Malaysia legislation
Section 196
Section 196
(2)
Where any ship, having been loaded with grain outside North Borneo without the taking of all necessary and reasonable precautions to prevent the grain from shifting, enters any port in North Borneo so laden, the owner or master of the ship shall be guilty of an offence under this subsection, and the ship shall be deemed for the purposes of Chapter 31 to be unsafe by reason of improper loading:
Provided that this subsection shall not have effect if the ship would not have entered any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
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(3)
Without prejudice to the generality of subsections (1) and (2), any particular precaution which may be prescribed, in relation to the loading of ships generally or of ships of any class, as being a precaution to be treated for the purposes of those subsections as a necessary or reasonable precaution to prevent grain from shifting, shall be so treated in the case of ships generally, or of ships of that class, as the case may be:
Provided that this subsection shall not apply where a ship is loaded in accordance in all respects with any provisions approved by the Director as respects the loading in question.
(4)
The penalty for any person committing an offence under subsection (1) or subsection (2), shall be one thousand dollars.
(5)
On the arrival at a port in North Borneo from a port not in North Borneo of any ship carrying a cargo of grain, the master shall cause to be delivered to the Port Officer together with any report required by any other written law, a notice stating –
(a)
the draught of water and freeboard of that ship after the loading of her cargo was completed at the final port of loading; and
(b)
the following particulars of the grain carried, namely –
(i)
the kind of grain and the quantity thereof, stated in cubic feet, quarters, bushels, or tons weight;
(ii)
the mode in which the grain is stowed;
(iii)
the precautions taken to prevent the grain from shifting;
and, if the master fails to deliver any notice required by this subsection, or, if, in any such notice, he makes any statement that he knows to be false in a material particular, or recklessly makes any statement that is false in material particular, he shall be guilty of an offence and shall be liable to a fine of one thousand dollars.
(6)
Any person having a general or special authority in that behalf from the Director may, for securing the observance of the provisions of this section, inspect any grain, and the mode in which it is stowed, and for that purpose shall have all the powers of an inspector under this Ordinance.
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(7)
In this section the expression “grain” includes wheat, maize, oats, rye, barley, rice, pulses and seeds, and the expression “ship carrying a cargo of grain” means a ship carrying a quantity of grain exceeding one-third of the ship’s registered tonnage, reckoning one hundred cubic feet, or two tons weight, of grain as equivalent to one ton of registered tonnage.