Cap. 234 · Merchant Shipping Act (Cap. 234)
Cap. 234 Art. 283COwner liable for unsafeoperationof ship.
PART V
(1) It shall be the duty of the owner of a ship to which this article applies to take all reasonable steps to secure that the ship is operated in a safe manner.
(2) This article applies to a Maltese ship, being in any port in or outside Malta, and to a foreign ship, which is within the territorial waters of Malta while proceeding to or from a port in Malta, unless such ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.
(3) If the owner of a ship to which this article applies fails to discharge the duty imposed on him by sub-article (1), he shall be liable to a fine (multa) not exceeding one thousand units or to imprisonment for a period not exceeding two years or to both such fine (multa) and imprisonment.
(4) Where any such ship -
(a) is chartered by demise, or
(b) is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of article 283B, any reference to the owner of the ship in sub-article (1) or (3) shall be construed as including a reference -
(i) to the charterer under the charter by demise, or
(ii) to any such manager as is referred to in paragraph (b) above, or
(iii) (if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager, and accordingly the reference in sub-article (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for him to take in the circumstances of the case.