Merchant Shipping Act (Cap. 234), article 283B

283B. (1) If a Maltese ship, being in any port in or outside Malta, or a foreign ship, being at a port in Malta, is unsafe, then, subject to sub-articles (4) and (5), the master and the owner o f the ship shall each be guilty of an offence. (2) Where, at the time when a ship is unsafe, any responsibility of the owner with respect to the matters relevant to its safety have been assumed (whether wholly or in part) by any person or perso ns other than the owner, and have been so assumed by that person o r (as the case may be) by each o f those persons either - (a) directly, under the terms of a charter-party or management agreement made with the owner, or (b) indirectly, under the terms of a series of charter-parties or management agreements, the reference to the owner in sub-article (1) shall be construe d as a reference to that other person or (as the case may be) to each of those other persons. 140 CAP. 234.] MERCHANT SHIPPING (3) A person guilty of an offence under this article shall be liable to a fine ( multa ) not exceeding one thousand units or to imprisonment for a period not ex ceeding two years or to both su ch fine ( multa ) and imprisonment. (4) It shall be a defence in proceedings for an offence under this article to prove that at the time of the alleged offence - (a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters relevant to its safety which are specified in the charge; or (b) it was reasonable for such arrangements not to have been made. (5) It shall also be a defence in proceedings for an offence under this article to prove - (a) that, under the terms of one or more charter-parties or management agreements ent ered into by the accused, the relevant responsibilities, namely - (i) where the accused is the owner, his responsibilities with respect to the matters relevant to the ship’s safety, or (ii) where the accused is liable to proceedings under this article by virtue of sub-article (2), so much of those responsibilities as had been assumed by him as mentioned in that sub-article, had at the time of the alleged offence been wholly assumed by some other person or persons party thereto; and (b) that in all the circumstances of the case the accused had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph ( a); and, in determining wh ether the accused had done so, regard sha ll be had in particular to the matte rs mentioned in sub-article (6 ). (6) Those matters are - (a) whether prior to the time of the alleged offence the accused was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and (b) the extent to which the accused was or was not able, under the terms of any such charter-party or management agreement as is mentioned in sub-article (5)( a) - (i) to terminate it, or (ii) to intervene in the management of the ship, in M E R C H A N T S H I P P I N G [CAP. 234. 141 the event of any such deficiency, and whether it was reasonable for the accused to place himself in that position. (7) In this article - “management agreement”, in r elation to a ship, means any agreement (other than a charter- party or a contract of employme nt) under which the ship is managed, either wholly or in part, by a person other than the owner (whether on behalf of the owner or on behalf of some oth er person); and “relevant responsibili ties” shall be construed in accordance wi th sub-article (5). (8) References in this article to responsibilities being assumed by a person under the terms of a charter-party or management agreement are references to thei r being so assumed by him wheth er or not he has entered into a further charter-party or managemen t agreement providing for them to b e assumed by some other person . Owner liable for unsafe operation of ship. Added by: XXII. 2000.90.