Merchant Shipping Act (Cap. 234), article 278

278. (1) For the purposes of articles 278 to 283C of this Act a ship is an “unseaworthy ship” or “unsafe ship” or is in an “unseaworthy state” if, having regard to the nature of the serv ice for which it is intended, the ship is, by reason of the matters mentioned in sub-article (2), unfit to proceed to sea without d anger to human life, property or the marine environment. (2) The matters referred to in sub-article (1) are - (a) the condition, or the unsuita bility for its purpose, of - (i) the ship or its hull or equipment or machinery, or (ii) any part of the ship or its hull or equipment or machinery; (b) undermanning; (c) overloading or unsafe or improper loading; (d) unfamiliarity by the master or the crew with essential shipboard procedures relati ng to the safety of ships; (e) any other matter relevant to the safety of the ship including without prejudice to the generality of the foregoing the fact that the ship is in contravention of any regulation made under Part V A of this Act; and are referred to in articles 278 to 283C of this Act, in rel ation to M E R C H A N T S H I P P I N G [CAP. 234. 137 any ship, as “the matters r elevant to its safety”. (3) In articles 278 to 283C of t his Act, “proceed to sea” shall, in a case where the service for which the ship is intended cons ists of going on voyages or excursion s that do not involve proceedin g to sea, be construed as “goin g on such voyage or excursion Offence to send unseaworthy ships to sea. Substituted by: XXII. 2000.90.