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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 28

UNSEAWORTHY AND UNSAFE SHIPS

Application to ships other than Bangladesh ships of provisions as in detention
359. When a ship other than a Bangladesh ship is in a port in Bangladesh and is, whilst at that port, unsafe by reason of the defective condition of her hull, equipment or machinery, or by reason of over loading or improper loading or by reason of under-manning, the provisions of this Chapter with respect to detention of ships shall apply to that ship as if she were a Bangladesh ship, with the following modifications, namely:-
 
 
 
 
(a) a 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;
 
 
(b) the Consular Officer, at the request of the owner or master of the ship, may require that the person appointed by the 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 Government shall cause the ship to be detained or released accordingly; but, if they differ, the 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 hereinbefore provided in the case of a Bangladesh ship; and
 
 
 
 
(c) 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 Bangladesh ship, would be appointed otherwise than by the Government.

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