Cap. 234 Art. 104Sea-protest. 

(1) Where a vessel sustains damage, or is stranded, abandoned or lost, or where owing to stress of weather or other cause is forced to enter any port, the master shall, within twenty-four hours after the event if the event happens in any port, or within twenty-four hours after his arrival in any port if the event happens elsewhere, make a sea-protest in manner provided by this article.

(2) The master shall also, at the time of making his sea-protest, produce his official log book and the ship’s log and cause them to be endorsed by the authority before whom the sea-protest is made.

(3) In Malta, the sea-protest shall be made before the judge of the Civil Court, First Hall; elsewhere it shall be made before a Maltese consular officer or, in the absence of such officer, before a local authority.

(4) In the sea-protest the master shall state on oath the place and time of sailing, the nature of his cargo, the course pursued, the perils encountered and the damage sustained by the vessel, and all other relevant facts, in particular those relating to the casualty in respect of which the sea-protest is made.

(5) The authority before whom the sea-protest is made shall, immediately after the master has made his statement, examine on oath not less than three members of the crew and, where practicable, some of the passengers.

(6) Where a sea-protest is required to be made, the master shall, except in the case of imminent danger, not discharge any goods from the vessel until he makes the sea-protest.

(7) It shall be competent to any interested party to prove any fact contrary to those stated in a sea-protest; and if a sea-protest is not made within the time specified in sub-article (1), any interested party may prove any fact which should have resulted from the sea-protest, or otherwise related to the casualty, by any other means.

(8) If the master fails to comply with any of the provisions of this article he shall be answerable to any interested party for any damages and interest.