(1) If a person uses the Saint Lucian flag and assumes the Saint Lucian national character on board a Saint Lucian ship owned in whole or in part by any person not qualified to own a Saint Lucian ship, for the purpose of making the ship appear to be a Saint Lucian ship, the ship shall be subject to forfeiture under this Act unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.
(2) In any proceeding for enforcing the forfeiture mentioned in subsection (1), the burden of proving the title to use the Saint Lucian flag and assume the Saint Lucian national character shall lie upon the person using and assuming the same.