Section 11Part 3 — POWERS, DUTIES AND PRIVILEGES
General powers of the Coast Guard
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11. (1) An officer of the Coast Guard, in the execution of the officer’s duties, may —
pursue any vessel in the territorial sea or in any harbour or port of the Islands that the officer suspects is being used in the commission of an offence or in any unlawful operation or enterprise and cause the vessel to be stopped and boarded, or to be stopped, boarded, searched and inspected;
search any vessel, and after demand and refusal of any key, break open any receptacle or break down any door, where the officer reasonably suspects that there is on board the vessel any property that has been stolen or unlawfully obtained, or any article prohibited to be exported or imported;
direct, for the purposes of any lawful examination, inspection, investigation or inquiry, that the vessel be taken to such place as the officer specifies;
remain on board any such vessel for such reasonable time as the officer thinks necessary;
deliver any property that the officer reasonably suspects to have been stolen or unlawfully obtained, or any article prohibited to be exported or imported, and the person in whose possession the property or article is found, within a reasonable time, into the custody of a police officer to be dealt with in accordance with section 53 of the Police Act (2021 Revision);
seize, take into custody or dispose of subject to prescribed procedures, the Merchant Shipping Act (2021 Revision) or the Port Authority Act (1999 Revision), any vessel or structure that the officer may have reason to believe poses a risk to the safety of life of maritime users or operators, or the maritime environment of the Islands;
in accordance with section 12, seize, take into custody and dispose of any vessel or structure that the officer may have reason to believe was used in the commission of an offence; Cayman Islands Coast Guard Act, 2021 Section 11 c Act 2 of 2021 Page 17
for the purposes of any lawful examination, inspection, investigation or inquiry, require the production of, inspect and make copies of or take extracts from, any license, permit, record, certificate or other document;
require crew or passengers of a vessel to answer such questions as the officer thinks fit to ask, on matters related to the performance of the officer’s duties;
investigate any offence under any law of the Islands for which the Coast Guard has jurisdiction which the officer has reason to suspect is being committed, is about to be committed or has been committed; and
use such force as is necessary to neutralize —
imminent or direct threats to the health and safety of members of the Coast Guard while in the execution of their duty under this Act; or
imminent threats directed towards any other person.
Where an officer of the Coast Guard, in the execution of the officer’s duties, pursues a vessel under subsection (1)(a), the pursuit of the vessel may extend into the high seas, but shall not extend into the territorial waters of another jurisdiction or breach the established protocols of any applicable international law, convention or treaty.
Nothing in this section authorizes an officer of the Coast Guard to —
detain a vessel within the territorial sea of the Islands if the passage of that vessel within the territorial sea of the Islands is an innocent passage; or
unnecessarily prevent a ship from proceeding on a voyage.
For the purpose of this section, the passage of a vessel is an innocent passage if the passage is not prejudicial to the peace, good order, safety or security of the Islands and its residents.
An officer is not liable for any loss or damage to any vessel or structure referred to in subsection (1), or any loss or injury to any person on board any such vessel or structure, occasioned in the execution of the officer’s duty, unless it is shown that the officer acted negligently or in bad faith.
In the exercise of any power conferred on an officer of the Coast Guard by this Act, the officer may use reasonable force, where necessary to ensure compliance.
A person who —
assaults, obstructs, resists or wilfully delays an officer of the Coast Guard acting in pursuance of this section; or
fails to comply, without reasonable excuse, with any directions given in pursuance of this section, commits an offence and is liable on summary conviction to a fine of four thousand dollars, or to imprisonment for a term of six months, or to both. Section 12 Cayman Islands Coast Guard Act, 2021 Page 18 Act 2 of 2021 c
A person who is convicted of an offence under subsection (7) may be adjudged to make compensation to the officer of the Coast Guard injured by the person’s offence or by any other similar offences committed by the person which are taken into consideration by the court in determining sentence.
The compensation referred to in subsection (8) may be in addition to or in substitution of the penalty for the offence under subsection (7).