Revised Laws of Saint Lucia (2021)

458.   Enforcing detention of ship

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    (1)   Where under this Act or any other enactment in force in Saint Lucia a ship is to be detained, an authorised officer may detain the ship.

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    (2)   If, after the detention of a ship or after service on the master of the ship of any notice of or order for the detention of the ship, the ship goes to sea before being released by the competent authority—

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      (a)     the master and owner of the ship; and

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      (b)     any other person who sends the ship to sea,

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    each commits an offence and on summary conviction is liable to a fine not exceeding $10,000 unless the master, owner or other person proves that the ship proceeded to sea without his or her consent and without any negligence on his or her part.

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    (3)   An authorised officer may, if he or she thinks it necessary to do so, place a police guard on any ship detained under this section.

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    (4)   If a ship goes to sea when any authorised officer, police guard or Surveyor of Ships is on board the ship in the execution of his or her duties, the owner and master of the ship is liable—

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      (a)     to pay all expenses arising out of and incidental to the officer, guard or Surveyor being so taken to sea; and

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      (b)     on summary conviction, to a fine not exceeding $1,000 and in addition to $200 for every day until the officer, guard or Surveyor returns from sea, or until such time in which the officer, guard or Surveyor would be able after leaving the ship to return to the port from which the officer, guard or Surveyor is taken,

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    and any expenses ordered to be paid are recoverable in like manner as the fine.

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    (5)   Any police guard placed on board a ship under subsection (3) is authorised to take such steps as are necessary to prevent the ship from leaving port.

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    (6)   Any person who opposes or in any way obstructs any authorised officer, police guard or Surveyor of Ships in the execution of their duties under this Act, commits an offence and on summary conviction is liable to a fine not exceeding $5,000.

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    (7)   In this section “authorised officer” means the Director, a maritime officer, an officer of customs, or any person specially or generally authorised by the Director to detain a ship.