Ghana Maritime Security Act, 2004 (Act 675)
section 65: (1) Where a person refuses to have (a) his or her person screened or searched; or (b) his or her baggage screened or searched by an authorised person, the authorised person may require that person to leave the ship or port security zone or both. (2) Where a person refuses to leave as required under subsection (1), the authorised person and any other person on directives of the authorised person, may use reasonable force to remove that person. (3) Where a person refuses to leave as required under subsection (1), and after being cautioned by the authorised person of the consequences of his or her refusal, persists in refusing to leave, that person (a) may be forcibly detained by the authorised person; and (b) shall where detained, be delivered as soon as practicable to a police officer. (4) Where the person who refuses to be screened or searched is a passenger or a crew member, the company or master of the ship shall refuse to allow that passenger or crew member to board the company's ship. (5) The company or master of the ship which refuses to carry a passenger, under subsection (4), shall not be subject to civil liability other than a proceeding in respect of any lawful claim that the passenger may have for the recovery of the fare or part of the fare.
Subject : Scope of ApplicationProcedure to Follow
Section 41: Where a control measure is imposed under subsection (1) of section 39, or action is taken under section 42, the Director-General shall,
(a) with respect to a ship which is not a Ghanaian ship, advise in writing, the ship's administration of,
(i) the control measure imposed or action taken; and
(ii) the reasons for imposing the control measure or taking the action; and
(b) provide written notice, specifying when the control measure was imposed or the action taken, to
(i) the International Maritime Organisation;
(ii) the recognised security organisation that issued the certificate to the ship concerned where applicable; or
(iii) the ship's administration.
(2) Where a ship is expelled from a port under subsection 1(e) of section 39, or entry into a port is denied under subsection (3) of section 37, the Director-General shall communicate the information to the relevant authority of
(a) the State of the next known port of call, and
(b) any other coastal State.
(3) The communication under subsection (2) shall
(a) include the following information:
(i) particulars of the ship's name, flag, identification number, call sign, ship type and cargo;
(ii) reasons for denial of entry or expulsion from a port or port areas;
(iii) the nature of any security measures not complied with where applicable;
(iv) details of any attempts made to rectify any non-compliance with security measures including any conditions imposed on the ship for the voyages, where applicable;
(v) any previous port of call and next following declared port of call;
(vi) time of departure of the ship and the likely estimated time of arrival of the ship at those ports;
(vii) any instructions given to the ship;
(viii) available information on the security level at which the ship is operating;
(ix) any information in respect of communication the Authority has had with the ship's administration;
(x) the contact point within the Authority for the purpose of obtaining further information;
(xi) the crew list;
(xii) any other relevant information; and
(b) take into account any relevant official guidelines of the International Maritime Organisation.
(4) A person who, without reasonable excuse fails to comply with a control measure imposed by the Director-General under subsection (1) of section 39, commits an offence and is liable on summary conviction
(a) in the case fail an individual, to fine not exceeding 2,500 penalty units or to a term of imprisonment not exceeding 2 years; and
(b) in the case of a body corporate, to a fine of not less than 2,500 penalty units and not exceeding 5,000 penalty units.
Responsible Institution
Accra
- Email: info@ghanamaritime.org
- Website: https://www.ghanamaritime.org/
- GPS: GA-051-0461
- Telephone: +233 302663506, +233 302684392
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