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S.L. 499.35 · Ports Security Regulations (S.L. 499.35)

S.L. 499.35 Art. 48Personswhorefuse to consent to be screened or searched.

In KraftAmtlicher Text

(1) If a person refuses to consent to the screening or searching of his or her person or baggage, that person may be required to leave the ship or port security area or both.

(2) If a person required to leave refuses to leave, an authorised person, and any one asked to assist him, may use any force that is reasonably necessary to remove that person.

(3) A person who refuses to leave as required under subregulation (1) and, after being warned that he or she commits an offence by not leaving, persists in its commission -

(a) may be forcibly detained by an authorised person; and

(b) if detained, must be delivered to a member of the police as soon as practicable: Provided that these powers shall be exercised solely if in the opinion of the authorised person they are absolutely necessary for the authorised person to take the detained person to the nearest Police Station.

(4) If the person who refuses to consent is a passenger or a crew member, a company or master may refuse to allow that passenger or crew member to board that company’s ship.

(5) A company or master who refuses to carry a passenger who refuses consent is not liable to any civil proceedings, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or part of the fare.

Änderungsgeschichte
  • Amended by L.N. 3 of 2008