Section 400: Application to ships other than Pakistani ships of provisions as to detention.––

400. Application to ships other than Pakistani ships of provisions as to detention.–– When a ship other than a Pakistani ship is in a port in Pakistan and is, whilst at the port, unsafe by reason of— (a) the defective condition of her hull, equipment, machinery, unsafe operational procedure or by reason of over-loading or improper loading; (b) the condition of the ship, or any part thereof, or the stability is such that it cannot proceed to sea without danger to the ship or the persons on board; (c) the ship is unsafe by reason of under manning, its loading condition or because of it carries too many passengers; and (d) the provisions, water or medical stores are of such quality and quantity that this endangers the safety or health of persons on board; the provisions of this chapter with respect to the detention of ships shall apply to that ship as if she were as Pakistani ship, with the following modifications, namely :– (i) copy of the order for the provisional detention of the ship shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port in which such ship is detained; (ii) the consular officer, at the request of the owner or master of the ship, may require that the person appointed by the Federal government to survey the ship shall be accompanied by such person as the consular officer may select, and in that case, if the surveyor and that person agree, the Federal Government shall cause the ship to be detained or released accordingly; but, if they differ, the Federal Government may act as if the requisition had not been made, and the owner and master shall have the like right of appeal to a Court of Survey touching the report of the surveyor as is here in before provided in the case of a Pakistani ship; and (iii) where the owner or master of the ship appeals to the Court of Survey, the consular officer, at the request of the owner or master, may appoint a competent person to be assessor in the case in lieu of the assessor who if the ship were a Pakistani ship, would be appointed otherwise than by the Federal Government.

Effective date: 2001-01-01

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