Maritime Security Act 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Acts/Maritime%20Security%20Act%201997.pdf

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Maritime Security Act 1997
MARITIME SECURITY ACT 1997

1

BERMUDA
1997 : 35

MARITIME SECURITY ACT 1997

[Date of Assent 23 December 1997]

[Operative Date 1 April 2000]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

1 Citation
2 Interpretation

PART II
OFFENCES AGAINST THE

SAFETY OF SHIPS

3 Hijacking of ships
4 Destroying ships or

endangering their safety
5 Other acts endangering or

likely to endanger safe
navigation

6 Offences involving threats
7 Ancillary offences
8 Master's power of delivery

PART III
PROTECTION OF SHIPS AND
HARBOUR AREAS AGAINST

ACTS OF VIOLENCE

9 Purposes of which Part III
applies

10 Searches in harbour
11 Power of Governor to

require information
12 Designation of restricted

zones of harbour areas
13 Unauthorised presence in

restricted zone
14 Power to impose

restrictions in relation to
ships

MARITIME SECURITY ACT 1997

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15 General power to direct
measures to be taken for
purposes to which Part III
applies

16 Limitations on scope of
directions under sections
15 and 16

17 General or urgent
directions under sections
15 and 16

18 Operation of directions
under Part III in relation
to rights and duties under
other laws

19 Detention of ships

20 False statements relating
to baggage, cargo, etc.

21 False statements in
connection with identity
documents

22 Offences relating to
authorised persons

23 Duty to report certain
occurrences

24 Service of documents

PART IV
MISCELLANEOUS AND

GENERAL

25 Offences
26 Expenses

WHEREAS it is expedient to make provisions for the suppression
of unlawful acts against the safety of maritime navigation, for the
protection of ships and harbour areas against acts of violence, and for
connected purposes:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

PART I
PRELIMINARY

Citation
1 This Act may be cited as the Maritime Security Act 1997 and
shall come into operation on a day to be appointed by the Governor by
notice published in the Gazette and different days may be so appointed
for different provisions.

Interpretation
2 In this Act, unless the context otherwise requires—

"act of violence" means—

(a) any act done in the Island which constitutes an offence
under any provision of section 224, 226, 227, 286,

MARITIME SECURITY ACT 1997

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286A, 289, 293, 303, 305, 306, 308 or 314 of the
Criminal Code Act 1907; and

(b) any act done outside Bermuda which, if done in
Bermuda, would constitute such an offence as is
mentioned in paragraph (a);

"appropriate officer" means a police officer or an immigration
officer;

"article" includes any substance, whether in solid or liquid form
or in the form of a gas or vapour;

"authorized person" means an authorized person designated as
such by the Governor under section 10(2);

"Department" means the Department of Marine and Ports
Services established under section 9 of the Marine Board Act
1962;

"Director" means the Director of Marine and Ports Services
appointed under section 9 of the Marine Board Act 1962;

"employee", in relation to a body corporate, includes officer;

"explosive" means any article manufactured for the purpose of
producing a practical effect by explosion, or intended for that
purpose by a person having the article with him;

"firearm" includes an air gun or air pistol;

"harbour" means any harbour, whether natural or artificial, any
port, haven, estuary, tidal or other inland waterway navigated
by sea-going ships, and includes a dock and a wharf;

"harbour area" means—

(a) any harbour in Bermuda in respect of which the
Corporation of Hamilton, the Corporation of St. George's
or the West End Development Corporation has statutory
powers or duties of improvement, maintenance or
management; and

(b) any land which is adjacent to such a harbour and which
is either land occupied by each such corporation or land
in respect of which each such corporation has statutory
power or duties of improvement, maintenance or
management;

"harbour operations" means—

(a) the marking or lighting of a harbour or any part thereof;

MARITIME SECURITY ACT 1997

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(b) the berthing or dry docking of a ship;

(c) the warehousing, sorting, weighing or handling of goods
in a harbour area or at a wharf;

(d) the movement of goods or passengers within the limits
within which the person engaged in improving,
maintaining or managing a harbour has jurisdiction or
in a harbour area;

(e) in relation to a harbour (which expression for the
purposes of this paragraph does not include a wharf)—

(i) the towing, or moving of a ship which is in or is
about to enter or has recently left the harbour;

(ii) the loading or unloading of goods, or embarking
or disembarking of passengers, in or from a ship
which is in the harbour or the approaches
thereto; and

(iii) the lighterage or handling of goods in the
harbour;

(f) in relation to a wharf,—

(i) the towing or moving of a ship to or from the
wharf;

(ii) the loading or unloading of goods, or the
embarking or disembarking of passengers, at
the wharf in or from a ship;

"master" includes every person (except a pilot) having command
or charge of any ship;

"measures" (without prejudice to the generality of that
expression) includes the institution or modification, and the
supervision and enforcement, of any practice or procedure;

"naval service" includes military and air force service;

"owner", in relation to a ship registered in Bermuda means
registered owner;

"property" includes any land, buildings or works, any ship or
vehicle and any baggage, cargo or other article of any
description;

"restricted zone", in relation to a harbour area, means any part
of the harbour area designated under section 12 or, where
the whole of the harbour area is so designated, that area; and

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"ship" means any vessel (including hovercraft, submersible craft
and other floating craft) other than one which—

(a) permanently rests on, or is permanently attached to, the
seabed; or

(b) has been withdrawn from navigation or laid up;

"unlawfully"—

(a) in relation to the commission of an act in Bermuda,
means so as (apart from this Act) to constitute an
offence under the law of Bermuda; and

(b) in relation to the commission of an act outside Bermuda
means so that the commission of the act would (apart
from this Act) have been an offence under the law of
Bermuda if it had been committed in Bermuda.

PART II
OFFENCES AGAINST THE SAFETY OF SHIPS

Hijacking of ships
3 A person who unlawfully, by the use of force or by threats of any
kind, seizes a ship or exercises control of it, commits the offence of
hijacking a ship and is liable on conviction on indictment to
imprisonment for life.

Destroying ships or endangering their safety
4 (1) A person commits an offence if he unlawfully and
intentionally—

(a) destroys a ship;

(b) damages a ship or its cargo so as to endanger, or to be
likely to endanger, the safe navigation of the ship; or

(c) commits on board a ship an act of violence which is
likely to endanger the safe navigation of the ship.

(2) A person commits an offence if he unlawfully and
intentionally places, or causes to be placed, on a ship any device or
substance which is likely to destroy the ship or is likely so to damage it
or its cargo as to endanger its safe navigation.

(3) Nothing in subsection (2) shall be construed as limiting the
circumstances in which the commission of any act—

(a) may constitute an offence under subsection (1); or

MARITIME SECURITY ACT 1997

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(b) may constitute attempting or conspiring to commit, or
aiding, abetting, counselling, procuring or inciting the
commission of such an offence.

(4) A person guilty of an offence under this section is liable on
conviction on indictment to imprisonment for life.

Other acts endangering or likely to endanger safe navigation
5 (1) It is an offence for any person unlawfully and
intentionally—

(a) to destroy or damage any property to which this
subsection applies; or

(b) seriously to interfere with the operation of any such
property,

where the destruction, damage or interference, as the case may be, is
likely to endanger the safe navigation of any ship.

(2) Subsection (1) applies to any property used for the provision
of maritime navigation facilities, including any land, building or ship so
used, and including any apparatus or equipment so used, whether it is
on board a ship or elsewhere.

(3) It is also an offence for any person intentionally to
communicate any information which he knows to be false in a material
particular, where the communication of the information endangers the
safe navigation of any ship.

(4) It is a defence for a person charged with an offence under
subsection (3) to prove that, when he communicated the information, he
was lawfully employed to perform duties which consisted of or included
the communication of information and that he communicated the
information in good faith in performance of those duties.

(5) A person guilty of an offence under this section is liable on
conviction on indictment to imprisonment for life.

Offences involving threats
6 (1) A person commits an offence if—

(a) in order to compel any other person to do or abstain
from doing any act, he threatens that he or some other
person will do in relation to any ship an act which is an
offence by virtue of section 4(1); and

(b) the making of that threat is likely to endanger the safe
navigation of the ship.

MARITIME SECURITY ACT 1997

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(2) A person commits an offence if—

(a) in order to compel any other person to do or abstain
from doing any act, he threatens that he or some other
person will do an act which is an offence by virtue of
section 5(1); and

(b) the making of that threat is likely to endanger the safe
navigation of any ship.

(3) A person guilty of an offence under this section is liable on
conviction on indictment to imprisonment for life.

Ancillary offences
7 (1) Where a person does outside Bermuda any act which, if
done in Bermuda, would constitute an offence falling within subsection
(2), his act shall constitute that offence if it is done in connection with an
offence under sections 3, 4, 5 or 6 committed or attempted by him.

(2) The offences falling within this subsection are the offences
referred to in the definition of "act of violence" in section 2.

(3) Subsection (1) has effect without prejudice to section 686
and 687 of the Merchant Shipping Act 1894 of the United Kingdom as
extended to Bermuda.

(4) It is an offence for any person in Bermuda to induce or
assist the commission outside Bermuda of any act which would be an
offence under section 3, 4, 5 or 6.

(5) A person who commits an offence under subsection (4) is
liable on conviction on indictment to imprisonment for life.

(6) Subsection (4) has effect without prejudice to the operation,
in relation to any offence under sections 3, 4, 5 or 6 of this Act.

Master's power of delivery
8 (1) The provisions of this section shall have effect for the
purposes of any proceedings before any court in Bermuda.

(2) If the master of a Bermuda ship, wherever that ship may
be, has reasonable grounds to believe that any person on board the ship
has—

(a) committed an offence under section 3, 4, 5 or 6;

(b) attempted to commit such an offence; or

(c) aided, abetted, counselled, procured or incited the
commission of such an offence,

MARITIME SECURITY ACT 1997

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in relation to any ship other than a warship or other ship used as a
naval auxiliary or in customs or police service, he may deliver that
person to an appropriate officer in Bermuda.

(3) Where the master of a ship delivers any person to an
appropriate officer under subsection (2) he shall—

(a) make such oral or written statements relating to the
alleged offence as that officer may reasonably require;
and

(b) deliver to that officer such other evidence relating to the
alleged offence as is in the master's possession.

(4) The master of a ship who without reasonable excuse fails to
comply with subsection (5) is guilty of an offence and liable on summary
conviction to a fine not exceeding two thousand dollars.

(5) In this section—

"Bermuda ship" means a ship which is registered in
Bermuda; and

"master" has the meaning assigned to that expression by
section 1 of the Merchant Shipping Act 1973.

PART III
PROTECTION OF SHIPS AND HARBOUR AREAS AGAINST

ACTS OF VIOLENCE

Purposes to which Part III applies
9 (1) The purposes to which this Part applies are the protection
against acts of violence—

(a) of ships, and of persons or property on board ships; and

(b) of harbour areas, of such persons as are at any time
present in any part of a harbour area and of such
property as forms part of a harbour area or is at any
time (whether permanently or temporarily) in any part of
a harbour area.

(2) In this Part "authorised person" means a police officer or a
person authorized under section 10(2).

Searches in harbour
10 (1) For purposes to which this Part applies, the Governor may
give a direction in writing to the Director to secure that searches to which
this section applies are carried out by authorised persons.

MARITIME SECURITY ACT 1997

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(2) The Governor may by instrument in writing designate fit
and proper persons as authorised persons for any of the purposes of this
Part but the Governor shall not authorise any person to exercise any
power to undertake searches of persons unless he is satisfied that the
appointee is suitably qualified and has received appropriate training.

(3) An authorised person shall, if required, produce written
evidence of his appointment when exercising any power under this Part.

(4) An authorised person shall not exercise any power under
this Part to search any person unless the authorised person is
specifically authorised by the Governor to exercise such power.

(5) The searches to which this section applies, in relation to a
harbour area, are searches—

(a) of the harbour area or any part of it;

(b) of any ship which at the time when the direction is given
or at any subsequent time is in the harbour area;

(c) of property (other than ships) which may at any time be
in the harbour area; and

(d) subject to subsection (4) and subsection (6), of persons.

(6) Subject to subsections (8) and (9), if an authorised person
has reasonable cause to suspect that an article to which this subsection
applies is in, or may be brought into, any part of the harbour area, he
may, by virtue of this subsection and without a warrant—

(a) search any part of the harbour area or any ship, vehicle,
goods or other movable property of any description
which is, for the time being, in any part of the harbour
area; and

(b) subject to subsection (4), search any person who, he has
reasonable cause to suspect is, or may, in any way, be
connected with such article, and who is, for the time
being, in any part of the harbour area.

(7) For the purposes of subsection (6) an authorised person—

(a) may enter any building or works in the harbour area, or
enter upon any land in the harbour area, if need be by
force;

(b) may go on board any such ship and inspect the ship;

(c) may stop any such ship and, for so long as may be
necessary for that purpose, prevent it from being moved;
and

MARITIME SECURITY ACT 1997

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(d) may stop any vehicle, goods, property or person and
detain it or him for so long as may be necessary for that
purpose.

(8) In the case of premises used only as a private dwelling any
power to search or enter conferred by subsections (6) and (7) may not be
exercised except by a police officer under the authority of a warrant
issued by a justice of the peace.

(9) If, on an application made by a police officer, a justice of the
peace is satisfied that there are reasonable grounds for suspecting that
an article to which subsections (6) and (7) applies is in any premises
used only as a private dwelling, he may issue a warrant authorising a
police officer to enter and search the premises.

(10) Subsections (6) and (7) applies to the following articles—

(a) any firearm, or any article having the appearance of
being a firearm, whether capable of being discharged or
not;

(b) any explosive, any article manufactured or adapted
(whether in the form of a bomb, grenade or otherwise) so
as to have the appearance of being an explosive, whether
it is capable of producing a practical effect by explosion
or not, or any article marked or labelled so as to indicate
that it is or contains an explosive; and

(c) any article (not falling within either of the preceding
paragraphs) made or adapted for use for causing injury
to or incapacitating a person or for destroying or
damaging property, or intended by the person having it
with him for such use, whether by him or by any other
person.

(10) Any person who intentionally obstructs an authorised
person acting in the exercise of a power conferred on him by subsection
(6) is guilty of an offence and is liable on conviction by a court of
summary jurisdiction to a fine not exceeding ten thousand dollars or to
imprisonment for a term not exceeding two years or to both such fine
and imprisonment.

(11) Subsections (6) and (7) have effect without prejudice to the
operation, in relation to any offence under this Act of any rule of law
relating to the power to arrest without warrant.

Power of Governor to require information
11 (1) The Governor may, by notice in writing served on any of the
following persons, that is to say,—

MARITIME SECURITY ACT 1997

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(a) the owner, charterer, manager or master of—

(i) a Bermuda ship; or

(ii) any other ship which is in, or appears to the
Governor to be likely to enter, a harbour area;

(b) any person who carries on harbour operations in a
harbour area; and

(c) any person who is permitted to have access to a
restricted zone of a harbour area for the purposes of the
activities of a business carried on by him,

require that person to provide the Governor with such information
specified in the notice as the Governor may require in connection with
the exercise by the Governor of his functions under this Part.

(2) A notice under subsection (1) shall specify a date (not being
earlier than seven days from the date on which the notice is served)
before which the information required by the notice in accordance with
subsection (1) is to be furnished to the Governor.

(3) Any such notice may also require the person on whom it is
served, after he has furnished to the Governor the information required
by the notice in accordance with subsection (1), to inform the Governor if
at any time the information previously furnished to the Governor
(including any information furnished in pursuance of a requirement
imposed by virtue of this subsection) is rendered inaccurate by any
change of circumstances (including the taking of any further measures
for purposes to which this Part applies or the alteration or
discontinuance of any measures already being taken).

(4) In so far as such a notice requires further information to be
furnished to the Governor in accordance with subsection (3), the
Governor shall require that information to be furnished to him before the
end of such period (not being less than seven days from the date on
which the change of circumstances occurs) as is specified in the notice
for the purposes of this subsection.

(5) Any person who—

(a) without reasonable excuse, fails to comply with a
requirement imposed on him by a notice under this
section; or

(b) in furnishing any information so required, makes a
statement which he knows to be false in a material
particular, or recklessly makes a statement which is
false in a material particular,

MARITIME SECURITY ACT 1997

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is guilty of an offence and is liable on conviction by a court of summary
jurisdiction to a fine not exceeding ten thousand dollars or to
imprisonment for a term not exceeding two years or to both such fine
and imprisonment.

(6) A notice served on a person under subsection (1) may at
any time—

(a) be revoked by a notice in writing served on him by the
Governor; or

(b) be varied by a further notice under subsection (1).

Designation of restricted zones of harbour areas
12 (1) The Governor may by order designate the whole or any part
of a harbour area as a restricted zone for the purposes of this Part.

(2) The whole or any part of a harbour area may be designated
as a restricted zone, or part of a restricted zone, for specified days or
times of day only.

Unauthorised presence in restricted zone
13 (1) A person shall not—

(a) go, with or without a vehicle or vessel, onto or into any
part of a restricted zone of a harbour area except with
the permission of the Director or a person acting on
behalf of the Director and in accordance with any
conditions subject to which that permission is for the
time being granted; or

(b) remain in any part of such a restricted zone after being
requested to leave by the Director or a person acting on
behalf of the Director.

(2) Subsection (1)(a) does not apply unless it is proved that, at
the material time, notices stating that the area concerned was a
restricted zone were posted so as to be readily seen and read by persons
entering the restricted zone.

(3) A person who contravenes subsection (1) without lawful
authority or reasonable excuse is guilty of an offence and liable on
conviction by a court of summary jurisdiction to a fine not exceeding ten
thousand dollars.

Power to impose restrictions in relation to ships
14 (1) For purposes to which this Part applies, the Governor may
give a direction in writing to the owner, charterer, manager or master of

MARITIME SECURITY ACT 1997

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a Bermuda ship, or of any other ship which is in a harbour area,
requiring that person—

(a) not to cause or permit persons or property to go or be
taken on board any ship to which the direction relates,
or to come or be brought into proximity to any such
ship, unless such searches of those persons or that
property as are specified in the direction have been
carried out in such manner and by such persons as the
Governor may require; or

(b) not to cause or permit any such ship to go to sea unless
such searches of the ship as are specified in the
direction have been carried out.

(2) Subject to the following provisions of this Part, a direction
given to an owner, charterer or manager of a ship under subsection (1)
may be given so as to relate either to all the ships falling within that
subsection of which at the time when the direction is given or at any
subsequent time he is the owner, charterer or manager or only to one or
more such ships specified in the direction.

(3) Subject to the following provisions of this Part, a direction
under subsection (1) may be given so as to relate—

(a) either to all persons or only to one or more persons, or
persons of one or more descriptions, specified in the
direction; and

(b) either to property of every description or only to
particular property, or property of one or more
descriptions so specified.

(4) Subject to the following provisions of this Part, any direction
given under this section to any person not to cause or permit anything to
be done shall be construed as requiring him to take all such steps as in
any particular circumstances are practicable and necessary to prevent
that thing from being done.

(5) A direction may be given under this section to a person
appearing to the Governor to be about to become such a person as is
mentioned in subsection (1), but a direction given to a person by virtue of
this subsection shall not take effect until he becomes a person so
mentioned and, in relation to a direction so given, the preceding
provisions of this section shall apply with the necessary modifications.

(6) A person who, without reasonable excuse, fails to comply
with a direction given to him under this section is guilty of an offence
and liable on conviction by a court of summary jurisdiction, to a fine not

MARITIME SECURITY ACT 1997

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exceeding ten thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.

(7) Where a person is convicted of an offence under subsection
(6), then, if without reasonable excuse the failure in respect of which he
was convicted is continued after the conviction, he is guilty of a further
offence and liable on summary conviction to a fine not exceeding four
hundred dollars for each day on which the failure continues.

General power to direct measures to be taken for purposes to which
Part III applies
15 (1) Subsection (2) applies to—

(a) any person who is the owner, charterer or manager of
one or more ships which—

(i) are Bermuda ships; or

(ii) are in a harbour area;

(b) any person who carries on harbour operations in a
harbour area; and

(c) any person who is permitted to have access to a
restricted zone of a harbour area for the purposes of the
activities of a business carried on by him.

(2) Subject to the following provisions of this section, the
Governor may give a direction in writing to any person to whom this
subsection applies requiring him to take such measures for purposes to
which this Part applies as are specified in the direction—

(a) in the case of a direction given to a person as the owner,
charterer or manager of a ship, in respect of all the ships
falling within subsection (1)(a) of which (at the time when
the direction is given or at any subsequent time) he is
the owner, charterer or manager, or in respect of any
such ships specified in the direction;

(b) in the case of a direction given to a person as a person
falling within subsection (1)(b), in respect of the harbour
operations carried on by him; and

(c) in the case of a direction given to a person as a person
who is permitted to have access to a restricted zone as
mentioned in subsection (1)(c), in respect of such
activities carried on by that person in that zone as are
specified in the direction.

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(3) Without prejudice to the generality of subsection (2), the
measures to be specified in a direction given under this section to any
person to whom that subsection applies may include the provision by
that person of persons charged with the duty (at such times as may be
specified in the direction)—

(a) where the direction is given to a person as the owner,
charterer or manager of ships, of guarding the ships
against acts of violence;

(b) where the direction is given to a person as falling within
subsection (1)(b), of guarding against acts of violence any
ship in the harbour area which is for the time being
under his control; or

(c) where the direction is given to a person as falling within
subsection (1)(c), of guarding any ship which is for the
time being under his control,

for purposes to which this Part applies.

(4) A direction given under this section may be either of a
general or of a specific character, and may require any measures
specified in the direction to be taken at such time or within such period
as may be so specified.

(5) A direction under this section—

(a) shall not require any search (whether of persons or of
property);

(b) shall not require the modification or alteration of any
ship, or of any of its apparatus or equipment, or the
installation or carriage of additional apparatus or
equipment, or prohibit any ship from being caused or
permitted to go to sea without some modification or
alteration of the ship or its apparatus or equipment or
the installation or carriage of additional apparatus or
equipment; and

(c) shall not require a building or other works to be
constructed, executed, altered, demolished or removed
on land within the harbour area.

(6) A direction may be given under this section to a person
appearing to the Governor to be about to become a person to whom
subsection (2) applies, but a direction given to a person by virtue of this
subsection shall not take effect until he becomes a person to whom
subsection (2) applies and, in relation to a direction so given, the

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preceding provisions of this section shall apply with the necessary
modifications.

(7) Any person who without reasonable excuse, fails to comply
with a direction given to him under this section, commits an offence and
is liable on conviction by a court of summary jurisdiction, to a fine not
exceeding ten thousand dollars or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.

(8) Where a person is convicted of an offence under subsection
(7), then, if without reasonable excuse the failure in respect of which he
was convicted is continued after the conviction, he is guilty of a further
offence and liable on summary conviction to a fine not exceeding four
hundred dollars for each day on which the failure continues.

Limitations on scope of directions under sections 14 and 15
16 (1) A direction shall not have effect in relation to any ship used
in naval, customs or police service.

(2) A direction shall not have effect in relation to any ship
which is registered outside the Island and of which the owner is the
Government of a country outside the Island, or is a department or
agency of such a Government, except at a time when any such ship is
being used for commercial purposes or is for the time being allocated by
that Government, department or agency for such use.

(3) A direction shall not be construed as requiring or
authorising the person to whom the direction was given, or any person
acting as his employee or agent, to do anything which, apart from the
direction, would constitute an act of violence; but nothing in this
subsection shall restrict the use of such force as is reasonable in the
circumstances (whether at the instance of the person to whom the
direction was given or otherwise) by an authorised person.

(4) In so far as a direction requires anything to be done or not
done at a place outside Bermuda—

(a) it shall not have effect except in relation to Bermuda
ships; and

(b) it shall not have effect so as to require anything to be
done or not done in contravention of any provision of the
law (whether civil or criminal) in force at that place,
other than any such provision relating to breach of
contract.

(5) In so far as a direction given to any person mentioned in
section 15(1)(b) or (c) requires any measure to be taken on land outside

MARITIME SECURITY ACT 1997

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the harbour area, the direction shall not confer on the person to whom it
is given any rights as against a person having—

(a) an interest in that land; or

(b) a right to occupy that land; or

(c) a right restrictive of its use,

and accordingly, the direction shall not be construed as requiring the
person to whom it is given to do anything which would be actionable at
the suit or instance of a person having such interest or right in his
capacity as a person having that interest or right.

(6) Nothing in this section shall be construed as derogating
from any exemption or immunity of the Crown in relation to the
provisions of this Part.

(7) In this section "direction" means a direction under section
14 or 15.

General or urgent directions under sections 14 and 15
17 (1) A direction given to any person under section 14 or 15 need
not be addressed to that particular person, but may be framed in general
terms applicable to all persons to whom such a direction may be given or
to any class of such persons to which that particular person belongs.

(2) If it appears to the Governor that an exception from any
direction given under any of those sections is required as a matter of
urgency in any particular case he may, by a notification given (otherwise
than in writing) to the person for the time being subject to the direction,
authorise that person to disregard the requirements of the direction—

(a) in relation to such ships or class of ships, in relation to
such harbour area or part of a harbour area, in relation
to such land outside a harbour area, in relation to such
activities or in relation to such persons or property or
such description of persons or property; and

(b) on such occasion or series of occasions, or for such
period,

as he may specify; and the direction shall have effect in that case subject
to any exceptions so specified.

(3) Any notification given to any person under subsection (2)
with respect to any direction shall cease to have effect (if it has not
already done so)—

(a) if a direction in writing is subsequently given to that
person varying or revoking the original direction; or

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18

(b) if no such direction in writing is given within the period
of thirty days beginning with the date on which the
notification was given, at the end of that period.

(4) Any notification given under subsection (2) shall be
regarded as given to the person to whom it is directed if it is given—

(a) to any person authorised by that person to receive any
such direction or notification;

(b) where that person is a body corporate, to the secretary,
or similar officer of the body corporate; and

(c) in any other case, to anyone holding a comparable office
or position in that person's employment.

Operation of directions under Part III in relation to rights and
duties under other laws
18 (1) In subsections (2) to (4), references to a direction are
references to a direction under section 14 or 15 as the direction has
effect subject to any limitation imposed on its operation—

(a) by section 16; or

(b) by any exemption or immunity of the Crown,

and any reference in those subsections to compliance with a direction is
a reference to compliance with it subject to any limitation so imposed.

(2) In so far as a direction requires anything to be done or not
done in Bermuda, the direction shall have effect notwithstanding
anything contained in any contract (whether a Bermuda contract or not)
or contained in, or having effect by virtue of, any other Act or any rule of
law; and accordingly no proceedings (whether civil or criminal) shall lie
against any person in any court in Bermuda by reason of anything done
or not done by him or on his behalf in compliance with a direction.

(3) In so far as a direction requires anything to be done or not
done at a place outside Bermuda, the direction shall have effect
notwithstanding anything contained in any contract (whether a Bermuda
contract or not); and accordingly, where a direction is inconsistent with
anything in such a contract, it shall (without prejudice to any
proceedings in a court other than a court in Bermuda) be construed as
requiring compliance with the direction notwithstanding that compliance
would be in breach of that contract.

(4) No proceedings for breach of contract shall lie against any
person in a court in Bermuda by reason of anything done or not done by

MARITIME SECURITY ACT 1997

19

him or on his behalf at a place outside Bermuda in compliance with a
direction, if the contract in question is a Bermuda contract.

(5) In this section "Bermuda contract" means a contract which
is either expressed to have effect in accordance with the law of Bermuda
or (not being so expressed) is a contract the law applicable to which is
the law of Bermuda.

Detention of ships
19 (1) Where the Director is satisfied that the owner, charterer,
manager or master of a ship has failed to comply with a direction given
to him under section 14 or 15 in respect of that ship, and the Director
certifies in writing to that effect, stating particulars of the non-
compliance, the ship may be detained by an authorised person until the
Director otherwise directs.

(2) The Director shall deliver the certificate to the authorised
person detaining the ship.

(3) On detaining the ship, the authorised person shall deliver to
the master of the ship a copy of the certificate.

False statements relating to baggage, cargo, etc.
20 (1) Subject to subsection (3), a person commits an offence if, in
answer to a question which—

(a) relates to any baggage, cargo or stores (whether
belonging to him or to another) that is or are intended
for carriage by sea—

(i) by a Bermuda ship; or

(ii) by any other ship to or from Bermuda; or

(b) is put to him for purposes to which this Part applies—

(i) by any of the persons mentioned in subsection
(2); or

(ii) by any employee or agent of such a person in
his capacity as employee or agent,

he makes a statement which he knows to be false in a material
particular, or recklessly makes a statement which is false in a material
particular.

(2) The persons referred to in subsection (1)(b) are—

(a) the Director;

(b) an authorised person;

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20

(c) the owner, charterer or manager of any ship; and

(d) any person who—

(i) is permitted to have access to a restricted zone
of a harbour area for the purposes of the
activities of a business carried on by him; and

(ii) has control in that restricted zone over the
baggage, cargo or stores to which the question
relates.

(3) A person guilty of an offence under subsection (1) is liable
on conviction by a court of summary jurisdiction, to a fine not exceeding
ten thousand dollars.

(4) In this section—

"cargo" includes mail;

"ships" does not include a ship in naval customs or police
service; and

"stores" means any goods intended for sale or use in a ship,
including fuel and spare parts and other articles of
equipment, whether or not for immediate fitting.

False statements in connection with identity documents
21 (1) A person commits an offence if—

(a) for the purpose of, or in connection with, an application
made by him or another for the issue of an identity
document to which this subsection applies; or

(b) in connection with the continued holding by him or
another of any such document which has already been
issued,

he makes to any of the persons specified in subsection (3), to any
employee or agent of such a person or to a police officer, a statement
which he knows to be false in a material particular, or recklessly makes
to any of those persons, to any such employee or agent or to a police
officer, a statement which is false in a material particular.

(2) Subsection (1) applies to any identity document which is to
be or has been issued by any of the persons specified in subsection (3) in
accordance with arrangements the maintenance of which is required by
a direction given by the Governor under section 15.

(3) The persons referred to in subsection (1) are—

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21

(a) the owner, charterer or manager of any ship; and

(b) any person who is permitted to have access to a
restricted zone of a harbour area for the purposes of the
activities of a business carried on by him.

(4) A person guilty of an offence under subsection (1) is liable
on conviction by a court of summary jurisdiction to a fine not exceeding
ten thousand dollars.

Offences relating to authorised persons
22 (1) A person who—

(a) intentionally obstructs an authorised person acting in
the exercise of a power conferred on him by or under
this Part; or

(b) falsely pretends to be an authorised person,

commits an offence.

(2) A person guilty of an offence under subsection (1)(a) is liable
on conviction by a court of summary jurisdiction to a fine not exceeding
ten thousand dollars or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment.

(3) A person guilty of an offence under subsection (1)(b) is liable
on conviction by a court of summary jurisdiction to a fine not exceeding
ten thousand dollars.

Duty to report certain occurrences
23 (1) For purposes to which this Part applies, the Governor may
by regulations require such persons as are specified in the regulations to
make a report to him, in such manner and within such period as are so
specified, of any occurrence of a description so specified.

(2) Before making any regulations under this section, the
Governor shall consult organisations appearing to him to represent
persons affected by the proposed regulations.

(3) Regulations under this section may—

(a) provide that any person who, in making a report
required by the regulations, makes a statement which he
knows to be false in a material particular, or recklessly
makes a statement which is false in a material
particular, is to be guilty of an offence and liable on
conviction by a court of summary jurisdiction, to a fine
not exceeding ten thousand dollars or to imprisonment

MARITIME SECURITY ACT 1997

22

for a term not exceeding two years or to both such fine
and imprisonment;

(b) provide for persons to be guilty of an offence in such
other circumstances as may be specified in the
regulations and to be liable on summary conviction to a
fine not exceeding ten thousand dollars.

(4) Regulations under this section may require the reporting of
occurrences taking place outside the Island only if those occurrences
relate to Bermuda ships.

(5) Regulations made under this section shall be subject to
affirmative resolution procedure.

Service of documents
24 (1) This section has effect in relation to any notice, any
document containing a direction and any other document authorised or
required by any provision of this Part to be served on or given to any
person.

(2) Any such document may be given to or served on any
person—

(a) by delivering it to him; or

(b) by leaving it at his proper address; or

(c) by sending it by post to him at that address; or

(d) by sending it to him at that address by telefax or other
similar means which produce a document containing the
text of the communication.

(3) Any such document may, in the case of a body corporate,
be given to or served on the secretary or similar officer of that body.

(4) For the purposes of this section, the proper address of any
person to whom or on whom any document is to be given or served is his
usual or last known address or place of business (whether in the Island
or elsewhere), except that in the case of a body corporate or its secretary,
or similar officer it shall be the address of the registered or principal
office of that body in the Island (or, if it has no office in the Island, of its
principal office, wherever it may be).

(5) In the case of a person registered under any of the Island
registration provisions as the owner of any ship so registered, the
address for the time being recorded in relation to him in the register in
which the ship is registered shall also be treated for the purposes of this
section as his proper address.

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23

(6) If the person to or on whom any document mentioned in
subsection (1) is to be given or served has notified the Governor of an
address within the Island, other than an address determined under
subsection (4) or (5), as the one at which he or someone else on his
behalf will accept documents of the same description as that document,
that address shall also be treated for the purposes of this section as his
proper address.

(7) Any document mentioned in subsection (1) shall, where
there are two or more owners registered under any of Bermuda
registration provisions, be treated as duly served on each of those
owners—

(a) in the case of a ship in relation to which a representative
person is for the time being registered under the
Merchant Shipping Act 1988, if served on that person;
and

(b) in the case of any other ship, if served on any one of the
registered owners.

(8) Where any document mentioned in subsection (1) is to be
served on the master of a ship, it shall be treated as duly served if it is
left on board that ship with the person being or appearing to be in
command or charge of the ship.

(9) In this section "the Bermuda registration provisions" means
the registration provisions contained in the Merchant Shipping Act 1988.

PART IV
MISCELLANEOUS AND GENERAL

Offences
25 (1) Proceedings for an offence under this Act shall not be
instituted except by, or with the consent of, the Attorney General.

(2) Where an offence under this Act or any regulations made
thereunder has been committed by a body corporate and is proved to
have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager,
secretary or other similar officer of the body corporate, or any person
who was purporting to act in any such capacity, he as well as the body
corporate shall be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its
members, subsection (2) shall apply in relation to the acts and defaults

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24

of a member in connection with his functions of management as if he
were a director of the body corporate.

Expenses
26 There shall be paid out of money provided by the Legislature any
expenses of the Department under this Act and any increase attributable
to this Act in the sums so payable under any other Act.