Section 15
of Merchant Shipping Ports Harbours And Dues Regulations 1961
Section 15
No vessel, other than a small ship trading within coastal trade limits, shall leave any port without a port clearance to be issued by the Port Officer, nor any harbour without a port clearance issued by the nearest Port Officer:
Provided that a port clearance for a period not exceeding three months may be issued by the Port Officer at his discretion to any vessel of less than 100 gross registered tons if such vessel is solely operating offshore from a particular base and –
(a)
has paid in advance the annual or aggregate buoys and light dues as specified in the Sixth Schedule;
(b)
has paid in advance the annual and harbour dues as specified in the Seventh Schedule or the port dues as specified under Item No. 3 of Part I of the Schedule to the Sabah Ports Authority Tariff; and
(c)
is licensed under the provisions of any written law for the time being in force, and the owner, master or agent of such vessel submits a monthly return in the form of the Ninth Schedule to the Port
Officer.
(2)
If the master of any ship obtains a port clearance and does not sail within forty-eight hours thereafter, he shall report to the Port Officer his reason for not sailing, and, if so required, obtain fresh port clearance.
(3)
A Port Officer may refuse to issue a port clearance to any ship whose owner or master has not complied with any written law for the time being in force.
(4)
Where under any other written law, a ship is to be detained, a Port Officer shall, and where under any written law a ship may be detained, a Port Officer may, refuse to issue a port clearance to that ship.
(5)
A Port Officer shall not issue a port clearance for any ship, until the master of such ship has declared to that officer the name of the nation or state to which he claims that she belongs, and that officer shall thereupon, inscribe that name on the port clearance.
(6)
A ship required by the Ordinance to be registered or licensed may be detained until the master of the ship, if so required by the Port Officer produces the certificate of the registry of the ship.