Section 197
of Merchant Shipping Ordinance 1960
Section 197
Any person who sends, or attempts to send, or is a party to sending or attempting to send, a British or North Borneo ship to sea from any North Borneo port in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves either that he used all reasonable means to ensure the ship being sent to sea in a seaworthy state, or that the going to sea in such an unseaworthy state was, in the circumstances reasonable and justifiable, be guilty of an offence and shall be liable to imprisonment for two years and a fine of five thousand dollars.
(2)
The master of a British or North Borneo ship who knowingly takes the same to sea from any North Borneo port in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that the going to sea in such an unseaworthy state was, in the circumstances, reasonable and justifiable, be guilty of an offence and shall be liable to imprisonment for two years and a fine of five thousand dollars.
Power to detain unseaworthy ship and procedure for detention.