Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 294

Enforcing detention of ship

294.
(1) Where under this Act or any other written law in force in Ceylon or any part thereof a ship is to be or may be detained, an authorized officer (as defined in sub-section (7) ) may detain the ship.
(2) If, after the detention of a ship or after service on the master of a ship of any notice of or order for the detention of the ship, such ship goes to sea before it is released by the competent authority,- shall each be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding two thousand rupees.
(a) the master of the ship; and
(b) the owner and any person who sends the ship to sea, if that owner or person is party or privy to the offence,
(3) An authorized officer may if he thinks it necessary to do so place a police guard on any ship detained under this section.
(4) Where a ship going to sea takes to sea when any authorized officer, police guard or Surveyor is on board thereof in the execution of his duties, the owner and master of the ship shall each be liable- and the expenses ordered to be paid may be recovered in like manner as the fine.
(a) to pay all expenses of and incidental to such officer, guard or Surveyor being so taken to sea; and
(b) on conviction, to a fine of two hundred rupees for every day until such officer, guard 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,
(5) Any police guard placed on board a ship under sub-section (2) is hereby authorized to take such steps as are necessary to prevent the ship from leaving port.
(6) Any person who opposes or in any way obstructs any authorized officer, police guard or Surveyor shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding one thousand rupees.
(7) In this section " authorized officer " means the Director, a Master Attendant, a Shipping Officer, an officer of customs, a Ship Surveyor, any commissioned officer of the armed forces, and any person specially or generally authorized by the Director to detain a ship.

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