Section 255
of Merchant Shipping Ordinance 1960
Section 255
Where under this Ordinance a ship is to be or may be detained, any commissioned officer on full pay in the naval, military or air force service of Her Majesty, or any person thereto generally or specially authorized by the Governor or the Director may detain the ship; and, if the ship after detention or after service on the master of any notice or order for detention, proceeds to sea before it is released by competent authority, the master of the ship, and also the owner and any person who sends the ship to sea, if that owner or person is party or privy to the master’s offence, shall be guilty of an offence and shall be liable to a fine of five thousand dollars.
(2)
Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorized to detain the ship, or any government surveyor or officer appointed under this Ordinance or any officer of Customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and they shall each also be guilty of an offence and shall be liable to a fine of one thousand dollars or one hundred dollars for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, whichever is the greater; and the expenses ordered to be paid may be recovered in like manner as the fine.
(3)
Where under this Ordinance a ship is to be detained the Port Officer shall, and where under this Ordinance a ship may be detained the Port Officer may, refuse to grant port clearance.
Notice to be given to consular officer where proceedings taken in respect of foreign ships.