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Cap. 234 · Merchant Shipping Act (Cap. 234)

Cap. 234 ст. 236Provisions as to life-saving appliances. 

PART V

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(1) It shall be the duty of the owner and master of every

Maltese ship to see that his ship is provided, in accordance with the rules for life-saving appliances, with such of those appliances as, having regard to the nature of the service on which the ship is employed and the avoidance of undue encumbrance of the ship’s deck, are best adapted for securing the safety of her crew and passengers.

(2) In the case of any ship -

(a) if the ship is required by the rules for life-saving appliances to be provided with such appliances and proceeds on any voyage or excursion without being so provided in accordance with the rules applicable to the ship; or

(b) if any of the appliances with which the ship is so provided are lost or rendered unfit for service in the course of the voyage or excursion through the wilful fault of negligence of the owner or master; or

(c) if the master wilfully neglects to replace or repair on the first opportunity any such appliances lost or injured in the course of the voyage or excursion; or

(d) if such appliances are not kept so as to be at all times fit and ready for use; or

(e) if any provision of the rules for life-saving appliances applicable to the ship is contravened or not complied with, then, the owner of the ship (if in fault) shall for each offence be liable to a fine (multa) not exceeding one hundred units, and the master of the ship (if in fault) shall for each offence be liable to a fine (multa) not exceeding fifty units.

(3) Nothing in the foregoing provisions with respect to life-saving appliances shall prevent any person from being liable under any other provision of law, whether of this Act or otherwise, to any other or higher fine or punishment than is provided by this article, but a person shall not be punished twice for the same facts.