Cap. 234 Art. 253Submersionofload  lines. 

(1) Where a ship to which the load line provisions of this

Act apply, being a ship registered under this Act, is marked with load lines, the ship shall not be so loaded that -

(a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged, or

(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.

(2) If any ship is loaded in contravention of the preceding sub-article, the owner or master of the ship shall, subject to sub-article (5), be liable to -

(a) a fine (multa) not exceeding four hundred units; and

(b) such additional fine (multa) not exceeding an amount calculated in accordance with the next following sub-article as the court thinks fit to impose having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention.

(3) An additional fine imposed under sub-article (2)(b) shall not exceed one hundred and sixty units for every complete centimetre, and for any fraction of a centimetre over and above one or more complete centimetres, by which -

(a) in a case falling within sub-article (1)(a) the appropriate load line on each side of the ship was submerged, or

(b) in a case falling within paragraph (b) of that sub-article the appropriate load line on each side of the ship would have been submerged as therein mentioned; and, if the amount by which that load line was or would have been submerged was less than a complete centimetre, such additional fine shall not exceed one hundred and sixty units.

(4) If the master of a ship takes a ship to sea when she is loaded in contravention of sub-article (1), or if any other person, having reason to believe that the ship is so loaded, sends or is party to sending her to sea when she is loaded, in contravention of that sub-article, then (without prejudice to any other fine to which he may be liable under sub-article (2)) he shall be liable to a fine (multa) not exceeding four hundred units.

(5) Where a person is charged with an offence under sub-article (2), it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(6) Without prejudice to any proceedings under the preceding provisions of this article, any ship which is loaded in contravention of sub-article (1) may be detained until she is so loaded.

(7) For the purpose of the application of this article to a ship in any circumstances prescribed by the load line rules in accordance with article 251(2)(d), "the appropriate load line" means the load line which, in accordance with those rules, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.