Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IX : Offences, Penal Provisions and Legal Procedure317. Stowaways |
| (1) | No person shall go to sea in a ship without the consent of the owner, master, a ship's officer or some other person entitled to give that consent, or secrete himself for the purpose of going to sea without that consent. |
| (2) | Every person who goes to sea in a ship without the consent mentioned in subsection (1) shall so long as he remains in the ship be deemed to belong to the ship and be subject to the same laws and regulations for preserving discipline as if he were a member of the crew and had signed the agreement with the crew. |
| (3) | Subsections (1) and (2) shall apply to any person who goes to sea or secretes himself for the purpose of going to sea— |
| (a) | in a South African ship going to sea from any port whatsoever; or |
| (b) | in a ship (other than a South African ship) going to sea from a port in the Republic; or |
[Section 317(3)(b) substituted by section 53(a) of Act No. 40 of 1963]
| (c) | in a ship (other than a South African ship) going to sea from a port outside the Republic and bound for a port in the Republic. |
[Section 317(3)(c) substituted by section 53(a) of Act No. 40 of 1963]
| (4) | The master of any South African ship arriving at any port within or outside the Republic, and the master of any ship other than a South African ship arriving at a port in the Republic, shall, if any person has gone to sea in that ship without the consent mentioned in subsection (1), report the fact in writing to the proper officer as soon as practicable after the arrival of the ship. |
[Section 317(4) substituted by section 53(b) of Act No. 40 of 1963]