Section 244Part 11 — UNSAFE SHIPS
Owner and master liable in respect of unsafe ship
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If a ship which —
is in a port in the Islands; or
is a Cayman Islands ship, is dangerously unsafe, then, subject to subsections (4) and (5), the master and the owner of the ship commit an offence.
Where, at the time when a ship is unsafe, any responsibilities of the owner with respect to the matters relevant to its safety have been assumed, whether wholly or in part, by a person or persons other than the owner, and have been so assumed by that person or, as applicable by each of those persons either —
directly, under the terms of a charter party or management agreement made with the owner; or
indirectly, under the terms of a series of charter parties or management agreements, the reference to the owner in subsection (1) shall be construed as a reference to that other person or, as applicable, to each of those other persons.
A person who commits an offence under this section is liable on summary conviction to a fine of twenty thousand dollars and to imprisonment for six months.
It is a defence in proceedings for an offence under this section to prove that at the time of the alleged offence —
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
it was reasonable for such arrangements not to have been made.
It also is a defence in proceedings for an offence under this section to prove —
that, under the terms of one or more charter parties or management agreements entered into by the accused, the relevant responsibilities, namely —
where the accused is the owner, the owner's responsibilities with respect to the matters relevant to the ship's safety; or
where the accused is liable to proceedings under this section by virtue of subsection (2), so much of those responsibilities as had been assumed by the accused as mentioned in that subsection, had at the time of the alleged offence been wholly assumed by some other person or persons party to the agreement; and
that, in all the circumstances of the case, the accused had taken such steps as it was reasonable for the accused to take, and exercised such diligence as it was reasonable for the accused 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 whether the accused had done so, regard shall be had in particular to the matters mentioned in subsection (6).
The matters referred to in subsection (6) are —
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
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 subsection (5)(a) —
to terminate it; or
to intervene in the management of the ship, in the event of any such deficiency, and whether it was reasonable for the accused to place himself or herself in that position.
In this section — "management agreement", in relation to a ship, means an agreement, other than a charter party or a contract of employment, 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 other person; and "relevant responsibilities" shall be construed in accordance with subsection (5).
References in this section to responsibilities being assumed by a person under the terms of a charter party or management agreement are references to the responsibilities being so assumed by the person whether or not the person has entered into a further charter party or management agreement providing for them to be assumed by some other person.
Defined Terms
management agreementrelevant responsibilities