Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 205

Sending unseaworthy ship to sea an offence

205.
(1) Any person who sends or attempts to send any ship, Ceylon or foreign, to sea from any port in Ceylon in such an unseaworthy state that the life of any person is likely to be thereby endangered shall be guilty of an offence, unless he proves either-
(a) that he used all reasonable means to ensure such ship being sent to sea in a seaworthy state; or
(b) that the going to sea of such ship in such an unseaworthy state was in the circumstances reasonable and justifiable.
(2) Any master of a ship, Ceylon or foreign, who knowingly takes such ship to sea from any port in Ceylon in such an unseaworthy state that the life of any person is likely to be thereby endangered, shall be guilty of an offence, unless he proves that the going to sea of such ship in such an unseaworthy state was in the circumstances reasonable and justifiable.
(3) A prosecution under this section shall not be instituted except with the consent of the Director.
(4) An offence under this section shall be punishable on conviction with imprisonment of either description for a term not exceeding two years, or to a fine not exceeding three thousand rupees, or to both such imprisonment and fine.


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