Section 217: Other offences

217. Other offences (1) Where a ship is in contravention of, or fails to comply with, a requirement of this Act, the master, owner, charterer, representative person or ship’s agent, as the case may be, shall commit an offence unless he proves that— (a) he was not aware of the contravention or failure to comply; and [Issue 4] M62 – 100 Revised Laws of Mauritius (b) he had taken all reasonable steps to ensure that it would not occur. (2) Where a ship fails to comply with section 25 (1), the person referred to in subsection (1) shall, on conviction, be liable to pay a fine not exceeding 1 million rupees. (3) Where a ship is in contravention of section 130, the person referred to in subsection (1) shall, on conviction, be liable to pay a fine not exceeding 100,000 rupees. (4) In every other case referred to in subsection (1), the person referred to in that subsection shall, on conviction, be liable to a fine not exceeding 50,000 rupees. (5) Where a person fails to comply with section 140, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees. (6) Where the master, owner, charterer or ship’s agent fails to comply with section 231, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees. (7) Where a ship which is detained pursuant to a detention order under section 220 which has been served on the master of the ship, proceeds to sea, the master shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees. (8) Any person who— (a) where so required, fails to provide any information or provides information which is false or misleading in a material particular; (b) where so required, fails to surrender a certificate or other document issued under this Act; (c) makes use of a certificate or other document not lawfully issued under this Act; (d) fails to notify an alteration or other change to a ship or to its ownership or other particulars; (e) where so required, fails to apply for registration or re-registration of a ship; (f) while being an employer, contravenes this Act in relation to a crew agreement, the capacity of an officer or a seafarer, the age or status of a person employed on a ship or the payment of wages or the keeping of accounts of wages; (g) boards a ship without being authorised to do so; (h) destroys or damages an official log book or other similar document; (i) damages or renders unusable any aid to navigation; M62 – 101 [Issue 4] Merchant Shipping Act (j) on board a ship so conducts himself that he is likely to endanger the safe navigation of the ship or to cause interference or annoyance to the other persons on board the ship; (k) unlawfully sells any wreck or stranded ship or its cargo; (l) unlawfully interferes with a wreck or a stranded ship or its cargo; (m) obstructs or assaults any person exercising his lawful powers or duties under this Act; (n) being a seafarer, refuses to obey the master’s order, neglects this duty or assaults any member of the crew; (o) having been summoned pursuant to section 223— (i) fails to attend or to produce a document or other article as required; or (ii) gives evidence which is false or misleading in a material particular; or (p) in any other manner contravenes this Act, shall commit an offence and shall, on conviction, be liable, where no specific penalty is provided, to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years. P neglects this duty or assaults any member of the crew; (o) having been summoned pursuant to section 223— (i) fails to attend or to produce a document or other article as required; or (ii) gives evidence which is false or misleading in a material particular; or (p) in any other manner contravenes this Act, shall commit an offence and shall, on conviction, be liable, where no specific penalty is provided, to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years. PART XI – LEGAL PROCEEDINGS