Federal Law regarding Shipwrecked Passengers

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 25

 

 

 

 

 

 

 

 

 

 

 Federal Law regarding Shipwrecked Passengers

 


 

 

It is hereby provided as follows:

 

Short title.

 

1. This Law may be cited as the Federal Law regarding Shipwrecked Passengers.

 

Interpretation.

 

2. In this Law -

 

“Cyprus” means the United Cyprus Republic

 

"Member" means the member of the Presidential Council heading the Department having responsibility for maritime affairs;

 

 

 

 

“Gazette” means the federal Official Gazette;

 

“passenger ship” means any sea-going vessel carrying one or more passengers on any voyage from any place in Cyprus to any place whatsoever.

 

Expenses of receiving shipwrecked passengers.

 

3. If any passengers of any passenger ship are rescued from shipwreck either by being taken off the ship or by being picked up at sea from any boat, raft, or otherwise, and the port or place to which they are conveyed is in Cyprus, in the absence of any action taken by the owner, charterer or agent of the ship, the Member may defray all or any part of the expenses thereby incurred during their temporary stay in Cyprus.

 

The Member may forward passengers to their destination, if master of ship fails to do so.

 

4. If any passenger of any passenger ship, without any neglect or fault of his own, finds himself in any port or place in Cyprus other than that for which the ship was originally bound, or at which he or any other person on his behalf may have contracted that he should land, the Member, or any person authorized by the Member for such purpose, may forward the passenger to his intended destination in Cyprus or in the case of a passenger intended for a destination outside Cyprus the Member may contact the Consular Officer of the passenger’s country of nationality, unless the master of the ship gives to the Member, within forty-eight hours of the arrival of the passenger, a written undertaking to forward him or carry him on to his  intended destination within six weeks thereafter, and unless the master accordingly forwards or carries him on within that period.

 

 

 

 

 

Expenses under this Law a debt due to federal government

 

5. All expenses incurred under this Law or by the authority of the Member, including the cost of maintaining passengers until forwarded to their destination, and of all necessary bedding, provisions and stores, shall become a debt to the federal government from the owner, charterer or agent of the ship, and shall be recoverable from them or from any one or more of them by an action bought by the Federal Attorney General, for the use of the federal government in the like manner as in the case of other debts owed to it.

 

Federal Government´s certificate evidence of expenditure

 

6. A certificate in the form in the Schedule, or as near thereto as the circumstances of the case may be, purporting to be under the hand of the Member, and stating the total amount of the expenses referred to in section 5, shall, in any action or other proceedings for the recovery of such debt, be received in evidence, without any proof of the handwriting of the Member, and shall be deemed sufficient evidence as to the amount of such expenses and that they were duly incurred, nor shall it be necessary to adduce on behalf of the Federal Government any other evidence in support of the claim, but judgment shall thereupon be given in favour of the Federal Government with costs of such action or proceedings, unless the defendant specially pleads and duly proves that the certificate is false or fraudulent, or specially pleads and proves any facts showing that the expenses were not duly incurred under this Law.

 

Passengers forwarded by the Member not entitled to the return of their passage money.

 

7. If any passengers are forwarded to their intended destination under the provisions of section 4, they shall not be entitled to the return of their passage money or to any compensation for loss of passage.

 

Regulations.

 

8. The Presidential Council may make Regulations to be published in the Gazette, for the better carrying into effect of the provisions of this Law.

 


 

 

SCHEDULE

(Section 6)

 

 

 

I hereby certify that, acting under and in conformity with the provisions of the Federal Law regarding Shipwrecked Passengers, I have defrayed the expenses incurred in maintaining, supplying with necessary bedding provisions and stores[1], and in forwarding to their destination passengers who were proceeding from ……………………. to …………………. in the passenger ship ……………..which was wrecked at sea, etc.[2]

 

And, I further certify, for the purposes of section 6 of the said Federal Law regarding Shipwrecked Passengers, that the total amount of such expenses is …………….pounds, and that such expenses were duly incurred by me under the said Law.

 

 

 

Given under my hand this ……………….day of ……………………..

 

 

Member ……

 



[1] Alter the certificate to suit the facts of the case.

[2] State generally the nature of the disaster and where it occurred. But if the passengers were only left behind without any fault of their own, state the fact accordingly.