Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 371B
371B. (1) If the magistrate finds that the person aforesaid is
being kept in custody under a written order made by the compete nt
authority of a foreign State for any offence (other than a poli tical
offence), including mutiny, des ertion from military service, or any
other offence against military discipline, it shall be lawful f or the
President of Malta to direct tha t such person be left on board the
ship, for the continuation of the voyage to the place of his
destination or, accordi ng to circumstances, that the said perso n be
conveyed to a public prison, there to be kept until, at the req uest of
the consul, or other person exerc ising the functions of consul of the
said State, he may be taken back to the same or to another ship for
the continuation of the said voyage.
Evidence to be
heard by
magistrate.
(2) The magistrate shall receive any evidence which may be
tendered to show that the offence for which the said person is in
custody, is a political offence; but, until the contrary is pro ved, it
shall be presumed that the nature of the offence is correctly s tated
in the order under which s uch person is in custody.
Power of
magistrate to grant
time for the
production of the
order.
Added by:
II. 2015.2.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.