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[F.A.Q.]
Kiribati Consolidated Legislation |
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 85
QUARANTINE
ARRANGEMENT OF SECTIONS
Section
PART
I
PRELIMINARY
1. Short
title
2. Scope of
quarantine
3.
Definitions
PART
II
ADMINISTRATION
4. The Secretary to
administer Ordinance
5. Appointment of
officers
6. Temporary quarantine
officers
PART
III
GENERAL
PROVISIONS
7. Infected
places
8. Ports of entry,
etc.
9. Emergency quarantine
grounds
10. Exemption of certain
vessels and goods
11. Master of vessel
from an infected place to take precautionary measures to prevent
infection
12. Fumigation of vessel to
destroy vermin
PART
IV
QUARANTINE OF
VESSELS, PERSONS AND GOODS
13. Vessels subject to
quarantine
14. (1) Persons subject to
quarantine
(2) Goods subject to quarantine
15. Continuance of liability
to quarantine
16. Vessel to enter
first port of entry
17. Display of
quarantine signal
18. Master to notify
outbreak of disease
19.
Signal
20. Unauthorised person not to
board vessel
21. When required vessel
to be brought to
22. Limit in ports
for vessels subject to quarantine
23.
Vessel to be brought to proper mooring
ground
24. Master to deliver health
report
25. Master to bring bill of
health from oversea ports
26. Master
and medical officer to answer
questions
27. No person to be allowed
to quit vessel subject to
quarantine
28. Other persons
prohibited from quitting vessel
29.
Apprehension of persons liable to
quarantine
30. Mooring of vessels from
infected places
31.
Pratique
32. Quarantine
surveillance
33. Order to perform
quarantine
34. Vessels having cases of
communicable disease on board
35.
Master when so ordered to convey vessel into
quarantine
36. When vessel deemed to
be in quarantine
37. Particulars to be
given at the quarantine station
38.
Performance of quarantine by
vessel
39. Vessel in quarantine not to
be moved except in accordance with
Ordinance
40. Removal from vessel to
perform quarantine
41. Power to permit
vessel to proceed on voyage
42.
Cleansing and disinfecting vessel
43.
(1) Goods not to be removed
(2) Quarantinable goods not to be received
44. Performance of quarantine
by persons
45. Release from
quarantine
46. Performance of
quarantine by goods
47. Goods ordered
into quarantine to be treated and
disinfected
48. Unlawful damage by
officer
PART
V
EXPENSES OF
QUARANTINE
49. Liability of master,
owner or agent for expenses of
quarantine
50. Liability for cost of
disinfecting goods
51. Security for
carrying out responsibilities
52.
Liability of ship owners as to pilotage,
etc.
53. Liability of ship owners as
to expenses of passages
54. Persons in
quarantine able to support
themselves
55. Owner of vessel
quarantined liable for services of medical
officer
56. Expenses to be a charge
upon vessel
57. Recovery of
expenses
PART
VI
MISCELLANEOUS
58. Penalty for importing
disease, germs, etc.
59. Forfeiture of
goods unlawfully imported
60. Seizure
of forfeited goods, etc.
61. Powers of
inspection
62. Boarding
vessel
63. Muster of crew and
passengers for inspection
64.
Quarantine officer may make inquiries at any time
65. Power to affix
notices
66. Persons may be
vaccinated
67. Trespassing on
quarantine stations
68. Pilot to incur
penalty on wrongly conducting
vessel
69. Penalty for entering port
other than first port of entry having disease on
board
70. Cleansing and disinfection
of insanitary vessels
71. Offences as
to documents
72. Penalty for
desertion
73. Bribing, assaulting,
obstructing, or intimidating
officers
74. Officers taking
bribes
75. Master or medical officer
of vessel misleading quarantine
officer
76. Maliciously ordering
vessels, etc., into quarantine
77.
Aiding and abetting offences
78.
Limitation of time for summary proceedings
79. Adjournment of proceedings in
certain cases
80. Power to administer
oaths or take declarations
81.
General penalty
82.
Regulations
-----------------------------------------------------
An Ordinance relating to quarantine
8 of 1929, 2 of 1931, 6 of
1940,
5 of 1946 (Cap. 35 of 1952), 10 of 1967,
8 of 1968, 2 of 1969, 8 of
1971,
L.N. 16/72, 3 of 1972, (Cap. 34 of 1973),
14 of 1974, L.N. 16/74
Commencement: 1st January 1931
PART
I
PRELIMINARY
Short
title
1.
This Ordinance may be cited as the Quarantine
Ordinance.
Scope
of
quarantine
2.
In this Ordinance quarantine has relation to measures for the inspection,
exclusion, detention, observation, segregation, isolation,
protection,
treatment, sanitary regulation and disinfection of vessels, persons, goods and
things and having as their object the
prevention of the introduction or spread
of diseases or pests affecting
man.
Definitions
3.
In this Ordinance, unless the context otherwise requires-
"authorised person" means a person authorised by this Ordinance or by the Secretary or a quarantine officer, to do the act in relation to which the expression is used;
"by authority" means by the authority of the Secretary or of a quarantine officer or of an officer under this Ordinance doing duty in the matter in relation to which the expression is used;
"infected place" means a place declared to be an infected place by order under section 7;
"island vessel" means a vessel which does not voyage or ply to or from any place outside the Gilbert Islands;
"first port of entry" in relation to a vessel means a first port of entry for that vessel;
"goods" includes all kinds of moveable property;
"master" in relation to a vessel means the person, other than a pilot, in charge or command of the vessel;
"medical officer" in relation to a vessel means any person on the vessel acting as the medical officer, doctor or surgeon of the vessel;
"officer" means a quarantine officer or other officer appointed under this Ordinance;
"oversea vessel" means any vessel other than an island vessel;
"port of departure" in relation to a vessel means the port at which the vessel commenced its current voyage;
"pratique" in relation to a vessel means a certificate of pratique granted by a quarantine officer since the last arrival of the vessel from places outside the Islands and having effect at the port or place where the vessel is for the time being or is about to arrive;
"prescribed" means prescribed by this Ordinance or by any order or regulations made thereunder;
"quarantinable disease" means smallpox, plague, cholera, yellow fever, typhus fever or leprosy or any disease declared by the Minister by order to be quarantinable disease;
"quarantine officer" means a quarantine officer appointed under this Ordinance;
"unauthorised person" means a person not authorised by this Ordinance, or by the Secretary, or a quarantine officer, to do the act in relation to which the expression is used;
"vessel" means any ship, boat or other description of vessel used in navigation by sea.
PART
II
ADMINISTRATION
The
Secretary to administer
Ordinance
4.
(1) The Secretary shall be charged with
the administration of this Ordinance and the enforcement of any regulations made
thereunder.
(2) All quarantine
officers shall perform their duties and functions and exercise their powers
under and subject to the directions
of the Secretary, who shall himself also
have all the powers of a quarantine officer under this
Ordinance.
Appointment
of
officers
5.
The Secretary may appoint quarantine officers and other officers for carrying
out this
Ordinance.
Temporary
quarantine
officers
6.
(1) The Secretary may appoint temporary quarantine officers for such period as
he thinks necessary.
(2) Temporary
quarantine officers shall for the period of their appointment have all the
powers of a quarantine officer appointed
under section
5.
(3)
No appointment made in pursuance of this section shall confer on the appointee
any right or claim to be permanently appointed
to the position.
PART
III
GENERAL
PROVISIONS
Infected
places
7.
The Minister may by order declare that any place beyond or in the Gilbert
Islands is infected with a quarantinable disease, or that
a quarantinable
disease may be brought or carried from or through that place and thereupon and
so long as the order remains in force
that place shall be an infected
place.
Ports of
entry,
etc.
8.
(1) The Minister may by order-
(a) declare any ports in the Gilbert Islands to be first ports of entry for oversea vessels;
(b) appoint places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons or goods;
(c) prohibit the introduction into the Islands of any noxious insect or any pest or any disease germ or microbe or any disease agent or any culture virus or substance or article containing or likely to contain any noxious insect, pest, disease, germ, microbe or disease agent;
(d) prohibit the importation into the Islands of any articles likely in his opinion to introduce any infectious or contagious disease until they have been subjected to such process of disinfection and disinsectisation as an officer considers adequate;
(e) prohibit the removal of any goods from any part of the Islands to any other part of the Islands;
(f) declare any part of the Islands in which any quarantinable disease exists to be a quarantine area;
(g) declare that any vessel, person or goods in any quarantine area, or in any part of the Islands in which any quarantinable disease exists, shall be subject to quarantine;
(h) declare any disease to be a quarantinable disease.
(2)
The power to declare first ports of entry under subsection (1) shall extend to
authorise the declaration of a port to be a first
port of entry for all oversea
vessels or for oversea vessels from any particular place or for any class of
oversea vessels.
(3) The power of
prohibition under subsection (1) shall extend to authorise prohibition generally
or with limitations as to place
and subject-matter and either absolutely or
subject to any specified conditions or
restrictions.
Emergency
quarantine
grounds
9.
The Minister may by order declare any place on land or sea to be a temporary
quarantine station for such period as he thinks necessary,
for the performance
of quarantine by any vessel, person or goods, and the place so appointed shall
be deemed to be a quarantine station
accordingly.
Exemption
of certain vessels and
goods
10.
The Minister may exempt, for such time and subject to such conditions as he
thinks fit, from all or any of the provisions of this
Ordinance-
(a) any ship of war;
(b) any vessel trading exclusively between ports or places in the Gilbert Islands or between the Islands and Australia, New Zealand or other places adjacent to the Islands;
(c) any particular vessel or class of vessels; and
(d) any persons or goods.
Master
of vessel from an infected place to take precautionary measures to prevent
infection
11.
(1) The master of any vessel bound for any port or place in the Gilbert Islands
which comes from or calls or touches at any infected
place, shall, while his
vessel is at that infected place and during the voyage to the Islands, take in
respect of the vessel, her
crew, passengers and cargo, all precautionary
measures to prevent the introduction into or spread within the Islands of any
quarantinable
disease which is prescribed by any regulations made under this
Ordinance to be taken in respect of the infected
place.
(2) The master of any
vessel who, having failed to comply with the requirements of the preceding
subsection, suffers his vessel to
enter any port or place in the Islands, shall
be guilty of an offence and shall be liable on summary conviction to a fine of
$200.
(3) In any prosecution under
this section if the master of the vessel satisfies the court that he was not
aware of the precautionary
measures required to be taken by him and that he took
all reasonable means to ascertain whether any such measures were necessary
on
his part, he shall not be liable to any
penalty.
(4) Where a vessel has
arrived from an infected place and the prescribed precautionary measures have
not been taken, any prescribed
measures for the prevention of the introduction
or spread of any quarantinable disease may be carried out by a quarantine
officer
with respect to the vessel, her crew, passengers and cargo at the
expense of the master, owner or agent of the
vessel.
Fumigation
of vessel to destroy
vermin
12.
(1) The master, owner or agent of any island vessel or of any vessel going from
one port or place in the Gilbert Islands to another
port or place in the
Islands, shall, when required by a quarantine officer by order in writing so to
do, cause his vessel to be cleaned,
disinfected, fumigated or submitted to any
specified process for the destruction of rats, mice, insects or disease agents
in the
presence and to the satisfaction of an
officer.
(2) Any person failing to
comply with the requirements of this section shall be guilty of an offence and
shall be liable on summary
conviction to a fine of $100.
PART
IV
QUARANTINE OF
VESSELS, PERSONS AND GOODS
Vessels
subject to
quarantine
13.
The following vessels shall be subject to
quarantine-
(a) every oversea vessel until pratique has been granted or until she has been released from quarantine;
(b) every vessel, whether an island vessel or an oversea vessel, on board which any quarantinable disease or disease which there is reason be believe or suspect to be a quarantinable disease has broken out or been discovered, notwithstanding that pratique has been granted or that she has been released from quarantine; and
(c) every vessel which is ordered into quarantine by a quarantine officer.
Persons
subject to
quarantine
14.
(1) The following persons shall be subject to quarantine -
(a) every person who is on board a vessel subject to quarantine or who has been on board the vessel, being an oversea vessel, since her arrival in the Gilbert Islands;
(b) every person infected with a quarantinable disease; and
(c) every person who has been in contact with or exposed to infection from any person or goods subject to quarantine.
Goods
subject to quarantine
(2) The
following goods shall be subject to quarantine -
(a) all goods which are on board a vessel subject to quarantine or which have been on board the vessel, being an oversea vessel, since her arrival in the Islands;
(b) all goods infected with a quarantinable disease; and
(c) all goods which have been in contact with, or exposed to infection from, any person or goods subject to quarantine.
Continuance
of liability to
quarantine
15.
All vessels, persons and goods subject to
quarantine shall continue to be so subject from the time when they become
subject to quarantine
until they are released from quarantine or until pratique
has been
granted.
Vessel
to enter first port of
entry
16.
(1) The master of an oversea vessel arriving in the Gilbert Islands shall not,
unless from stress of weather or other reasonable
cause, suffer the vessel to
enter any port other than a port declared to be a first port of
entry.
(2) Any person who is
guilty of a breach of this section shall be liable on summary conviction to a
fine of
$1000.
Display
of quarantine
signal
17.
(1) The master of every vessel subject to quarantine shall -
(a) display the quarantine signal on his vessel before she comes within 1 league of any port;
(b) keep the quarantine signal displayed on his vessel while entering or being in any port or quarantine station.
(2)
Any person failing to comply with the requirements of this section shall be
liable on summary conviction to a fine of
$200.
Master to
notify outbreak of
disease
18.
(1) When -
(a) any eruptive disease; or
(b) any disease attended with fever and glandular swellings; or
(c) any disease which he believes or suspects or has reason to believe or suspect to be a quarantinable disease;
has
broken out on board any vessel, the master of the vessel shall forthwith, unless
the vessel is actually performing quarantine
under the supervision of a
quarantine officer-
(i) notify a quarantine officer of the breaking out of the disease; and
(ii) display the quarantine signal on his vessel and keep it so displayed until he is authorised by a quarantine officer to remove it or until his vessel is released from quarantine.
(2)
The master of a vessel in port shall forthwith give notice in writing to a
quarantine officer of every case of every prescribed
disease which was on his
vessel when she arrived in the port or which has arisen on his vessel since she
arrived in the port.
(3) Every
person failing to comply with the requirements of this section shall be liable
on summary conviction to a fine of
$100.
Signal
19.
The quarantine signal shall be as prescribed and shall be displayed in the
prescribed
manner.
Unauthorised
person not to board
vessel
20.
(1) No unauthorised person shall go on board or alongside a vessel subject to
quarantine or While the quarantine signal is displayed
on the vessel except as
is in the next following subsection
provided.
(2) At the request of
the master, owner or agent of a vessel subject to quarantine, any person
bona
fide acting as a pilot may go alongside
or on board such vessel for the purposes of pilotage, but any pilot so going
alongside or boarding
such vessel shall become subject to
quarantine.
(3) Any such pilot,
who has gone alongside or boarded a vessel under the provisions of the last
preceding subsection, shall be deemed
to be a passenger for the purposes of
section 49 for whom the master, owner and agent of such vessel shall severally
be responsible.
(4) Any person
guilty of a breach of subsection (1) shall be liable on summary conviction to a
fine of
$200.
When
required vessel to be brought
to
21.
(1) The master of a vessel shall, on being so required by a quarantine officer,
bring the vessel to, and shall by all reasonable
means facilitate the boarding
of the vessel by the quarantine
officer.
(2) Any person failing to
comply with the requirements of this section shall be liable on summary
conviction to a fine of
$100.
Limit in
ports for vessels subject to
quarantine
22.
(1) The master of a vessel subject to quarantine shall not allow the vessel to
be brought into any part of the port within the quarantine
line.
(2) Any person guilty of a
breach of this section shall be liable on summary conviction to a fine of
$200.
(3) The Minister may by
order fix the position of the quarantine line for any
port.
Vessel to
be brought to proper mooring
ground
23.
The master of a vessel subject to quarantine shall forthwith on arrival at or
near a port, bring his vessel to a place appointed
by the Minister by order to
be a mooring ground or landing place for vessels subject to
quarantine.
Master
to deliver health
report
24.
(1) The master of an oversea vessel arriving at any port in the Gilbert Islands
shall, on being required so to do, make out and deliver
to the quarantine
officer a health report in accordance with the prescribed form signed by him,
and, if the vessel carries a medical
officer, signed by the medical
officer.
(2) Any person failing to
comply with the requirements of this section shall be liable on summary
conviction to a fine of
$200.
Master to
bring bill of health from oversea
ports
25.
(1) The master of an oversea vessel bound for any port in the Gilbert Islands
shall bring from its oversea port of departure and
from every oversea port of
call on the voyage and, on being required so to do, shall deliver to the
quarantine officer a bill of
health giving such information as may be prescribed
in respect of the port and of the sanitary circumstances and condition of the
vessel and of her crew and passengers while at the
port.
(2) Any person failing to
comply with the provisions of this section shall be liable on summary conviction
to a fine of
$100.
Master
and medical officer to answer
questions
26.
(1) The medical officer and the master of
any oversea vessel arriving at any port in the Gilbert Islands shall severally
truly answer
to the best of their knowledge all questions put to them or either
of them by a quarantine officer touching the health of the crew
and passengers
of the vessel during the voyage, touching the sanitary condition of the vessel
during the voyage, and touching the
existence of any quarantinable or infectious
disease at the ports of departure or call or on board any vessel communicated
with,
or touching the existence on his vessel of any rags or second-hand
clothing or other prescribed articles, and the ports or places
at which they
were put on board the vessel; and any person failing to comply with the
requirements of this subsection shall be liable
on summary conviction to a fine
of $200.
(2) Any questions under
this section may be written or oral and the quarantine officer may require the
answers to be given in writing
or
orally.
(3) A quarantine officer
may if he thinks fit require the medical officer and the master or either of
them to verify any answer to
any question asked in pursuance of this section by
a declaration in writing signed by him solemnly declaring to the truth of the
answer.
(4) Any declaration under
this section may be taken before a quarantine officer and any person who makes
any false statement in any
such declaration shall be liable on summary
conviction to imprisonment for 2
years.
No
person to be allowed to quit vessel subject to
quarantine
27.
(1) Except as prescribed, the master of a vessel subject to quarantine shall not
quit or knowingly or negligently suffer any person
to quit his vessel, or
knowingly or negligently permit any goods, mails or loose letters to be removed
from his vessel.
(2) Any person
guilty of a breach of this section shall be liable on summary conviction to a
fine of $200.
(3) In order to
comply with this section the master of a vessel may detain any person, goods,
mails or loose letters on his vessel
and may use any means reasonably necessary
for that
purpose.
Other
persons prohibited from quitting
vessel
28.
(1) No person, other than a quarantine officer, who is on board a vessel subject
to quarantine shall, unless authorised by a quarantine
officer to do so, quit
the vessel.
(2) Any person guilty
of a breach of this section shall be liable on summary conviction to a fine of
$200.
Apprehension
of persons liable to
quarantine
29.
(1) Any police officer or any authorised person may without warrant
apprehend-
(a) any person who has in contravention of this Ordinance or any regulations made thereunder quitted any vessel subject to quarantine or any quarantine station; or
(b) any person subject to quarantine who is found in any place not being in or part of a quarantine station.
(2)
Any person apprehended under this section shall be brought before the
administrative officer in charge of a district or a quarantine
officer who may,
on proof to his satisfaction that the person so brought before him is subject to
quarantine, order him to be taken
to the vessel from which he has landed or to a
quarantine station to perform quarantine, and may by warrant authorise any
police
officer or other person to take him accordingly, or may order him to be
dealt with in accordance with the
regulations.
Mooring
of vessels from infected
places
30.
(1) A vessel which has arrived at any port from an infected place and not having
a certificate of pratique shall be moored or berthed
in the port in accordance
with the directions of a quarantine officer or as
prescribed.
(2) The master of a
vessel shall not suffer or permit her to be moored or berthed in any port in
contravention of this section.
(3)
Any person guilty of a breach of this section shall be liable on summary
conviction to a fine of
$100.
Pratique
31.
(1) After boarding any oversea vessel, not having a certificate of pratique, the
quarantine officer shall forthwith, if he is satisfied
that the vessel is free
from infection, give the master a certificate of pratique in accordance with the
form prescribed.
(2) The
certificate of pratique may be expressed to have effect in all ports in the
Gilbert Islands or to have effect only in any
specified port or ports or to have
effect only for a specified
time.
(3) The certificate of
pratique may be expressed to have relation to all or any specified measures of
quarantine.
Quarantine
surveillance
32.
(1) Where a vessel has arrived at any port from an infected place or is subject
to quarantine and the quarantine officer is satisfied
that no person on board is
actually suffering from a quarantinable disease but is not satisfied that the
vessel is free from infection,
he may, subject to this section -
(a) refrain from giving a certificate of pratique;
(b) permit the vessel to proceed on her voyage without performing quarantine at a quarantine station;
(c) permit any passengers for that port and their effects to be landed;
(d) permit any cargo on the vessel for that port to be landed.
(2)
The vessel shall continue to be subject to quarantine until pratique is
granted.
(3) If the master of a
vessel ordered into quarantine shall decline to submit to quarantine measures
prescribed by the quarantine
officer, such vessel shall be permitted to proceed
to sea after disembarking passengers and cargo (if any) and after receiving
fresh
foodstuffs or water under such conditions as the quarantine officer may
prescribe.
(4) All persons landed
in pursuance of this section shall continue subject to quarantine until such
period as is prescribed, and while
so subject shall be under quarantine
surveillance and shall comply with the regulations relating to quarantine
surveillance; and
any person failing to comply with the requirements of this
subsection shall be liable on summary conviction to a fine of
$200.
(5) All cargo and
passengers' effects landed under this section shall be subject to treatment and
disinfection as
prescribed.
Order
to perform
quarantine
33.
(1) A quarantine officer may by order in writing order into quarantine any
vessel, person or goods, whether subject to quarantine
or not, being, or likely
to be, in his opinion infected with a quarantinable disease or a source of
infection with a quarantinable
disease.
(2) If a vessel has
arrived in the Gilbert Islands from an infected place the quarantine officer
shall, except as prescribed, order
her into
quarantine.
(3) The order may -
(a) in the case of any vessel and all persons and goods on board the vessel, be served on the master of the vessel; or
(b) in the case of any person, be served on the person; or
(c) in the case of any goods, be served on the owner, consignee or any person having possession or custody of the goods.
(4)
When the order has been served in accordance with this section the vessel and
all persons and goods on board the vessel or the
person or goods as the case may
be shall be deemed to be ordered into
quarantine.
Vessels
having cases of communicable disease on
board
34.
(1) When a vessel subject to quarantine or any other vessel has on board any
case of communicable (infectious) disease on and a quarantine
officer certifies
that measures of quarantine are necessary to prevent the disease from spreading,
all such measures for the disinfection
of the vessel and all such other measures
of quarantine as are prescribed or as a quarantine officer directs, shall be
taken, and
any persons suffering from or suspected to be suffering from the
disease or who have been exposed to infection from the disease,
may be ordered
into quarantine and may be removed to a quarantine station to perform
quarantine.
(2) Persons suffering
from or suspected to be suffering from the disease shall be deemed to be subject
to quarantine notwithstanding
that the disease has not been declared to be a
quarantinable disease.
(3) No
persons suffering from or suspected to be suffering from a communicable
(infectious) disease shall quit the vessel without
the written permission of a
quarantine officer.
(4) No person
who is in charge of any person suffering from or suspected to be suffering from
any communicable (infectious) disease
shall permit the person to quit the vessel
without the written permission of a quarantine
officer.
(5) When a quarantine
officer has given a certificate in pursuance of subsection (1), the master of
the vessel shall not knowingly
or negligently allow any person suffering from,
or suspected to be suffering from the disease, or who has been exposed to
infection
from the disease, to quit the
vessel.
(6) Any person guilty of a
breach of subsections (3), (4) or (5) shall be liable on summary conviction to a
fine of
$1000.
Master
when so ordered to convey vessel into
quarantine
35.
(1) When a vessel is ordered into quarantine, the master thereof shall forthwith
cause the vessel and all persons and goods on board
the vessel to be conveyed
into such quarantine station as the quarantine officer directs there to perform
quarantine.
(2) Where a vessel
ordered into quarantine has to be cleansed, fumigated, disinfected or treated in
any manner, a quarantine officer
may direct the vessel to be taken to any
prescribed place for the purpose of being so cleansed, fumigated, disinfected or
treated
and the master of the vessel shall cause the vessel to be taken to the
place accordingly.
(3) Any person
failing to comply with the requirements of this section shall be liable on
summary conviction to a fine of
$1000.
When
vessel deemed to be in
quarantine
36.
A vessel ordered into quarantine, although not actually within a quarantine
station, shall be deemed to be in
quarantine.
Particulars
to be given at the quarantine
station
37.
(1) When the vessel arrives at the appointed quarantine station, the master
shall on request produce and deliver to the officer in
charge of the quarantine
station his passage list, bill of health, log, manifest, journal and other
ship's papers.
(2) Any person
failing to comply with the requirements of this section shall be liable on
summary conviction to a fine of
$200.
Performance
of quarantine by
vessel
38.
Every vessel in quarantine shall, subject
to this Ordinance, perform quarantine at the appointed quarantine station; and
for that
purpose may be there detained by a quarantine officer or any authorised
person until released in accordance with this Ordinance,
and whilst so detained
shall be subject to the regulations relating to the performance of
quarantine.
Vessel
in quarantine not to be moved except in accordance with
Ordinance
39.
(1) When a vessel is in quarantine, the master shall not move the vessel or
suffer her to be moved except in accordance with this
Ordinance or any
regulations made thereunder.
(2)
Any person guilty of a breach of this section shall be liable on summary
conviction to a fine of
$200.
Removal
from vessel to perform
quarantine
40.
(1) For the purpose of the performance of quarantine, any persons on board a
vessel subject to quarantine may be removed from the
vessel by a quarantine
officer at any port, notwithstanding that the port is not their port of
destination, and conveyed to and detained
in a quarantine station there to
perform quarantine.
(2) All
persons removed from a vessel in pursuance of this section shall be entitled to
be provided with free passages to their ports
of destination forthwith after
being released from
quarantine.
Power
to permit vessel to proceed on
voyage
41.
The Secretary may if he thinks fit permit any vessel in quarantine to proceed on
her voyage with her officers, crew and passengers,
or any of them, without
performing quarantine at the quarantine station at the port at which she then
is, but the vessel and her
officers, crew and passengers shall not thereby be
released from quarantine but shall, while within the Gilbert Islands and until
released from quarantine, be deemed to be in quarantine and shall, except as
prescribed or as ordered by the Secretary, be subject
to this Ordinance and any
regulations made thereunder to the same extent as if they were performing
quarantine at a quarantine
station.
Cleansing
and disinfecting
vessel
42.
(1) A quarantine officer may order any vessel in quarantine to be cleansed and
disinfected in such manner as he directs and the master
of the vessel shall
cause her to be cleansed and disinfected
accordingly.
(2) Any person
failing to comply with the requirements of this section shall be liable on
summary conviction to a fine of
$200.
Goods not
to be
removed
43.
(1) When a vessel is in quarantine, then until the vessel is released from
quarantine, no unauthorised person shall land or unship
or move with intent to
land or unship any goods from the
vessel.
Quarantinable
goods not to be received
(2) No
person shall knowingly receive or have in his possession any goods landed or
unshipped from any vessel in contravention of
this
section.
(3) Any person guilty of
a breach of this section shall be liable on summary conviction to a fine of
$200.
(4) In any prosecution under
subsection (2) the burden of proving want of knowledge shall lie upon the
defendant.
Performance
of quarantine by
persons
44.
(1) All persons ordered into quarantine shall perform quarantine and for that
purpose may-
(a) be detained on board the vessel;
(b) be detained upon the premises upon which they are found; or
(c) be removed to and detained in a quarantine station;
until
released in accordance with this Ordinance or any regulations made thereunder,
and, while so detained, shall be subject to the
regulations regulating the
performance of quarantine and the government of quarantine
stations.
(2) No person ordered
into quarantine shall commit any breach of the regulations regulating the
performance of quarantine or the government
of quarantine
stations.
(3) Where a person
ordered into quarantine is not in the opinion of a quarantine officer actually
suffering from a quarantinable disease,
the quarantine officer may subject to
the regulations release the person under quarantine
surveillance.
(4) Any person
subject to quarantine shall be under quarantine surveillance and shall comply
with the regulations relating to quarantine
surveillance.
(5) Any person
guilty of a breach of this section shall be liable on summary conviction to a
fine of
$200.
Release
from
quarantine
45.
When quarantine has been performed by any vessel or person in accordance with
this Ordinance and any regulations made thereunder,
such vessel or person shall
forthwith be released from
quarantine.
Performance
of quarantine by
goods
46.
All goods ordered into quarantine shall perform quarantine and for that purpose
may be detained on board the vessel or in a quarantine
station.
Goods
ordered into quarantine to be treated and
disinffected
47.
(1) All goods ordered into quarantine shall be treated and disinfected as
prescribed and when so treated and disinfected may be released
from
quarantine.
(2) If the quarantine
officer in charge of any goods ordered into quarantine is of opinion that they
cannot be effectively disinfected
and ought not to be released from quarantine
owing to the danger of infection, he may cause the goods to be
destroyed:
Provided that where the
value of the goods exceeds $20 this power shall not be exercised without the
written approval of the
Minister.
Unlawful
damage by
officer
48.
Any officer who shall unlawfully destroy or damage any goods under his charge in
the performance of quarantine shall be liable on
summary conviction to a fine of
$200.
PART
V
EXPENSES OF
QUARANTINE
Liability
of master, owner or agent for expenses of
quarantine
49.
(1) The master, owner and agent of any vessel ordered into quarantine or of any
vessel from which any person is removed to perform
quarantine shall severally be
responsible for-
(a) the removal of the passengers and crew to the quarantine station;
(b) the care and maintenance of the passengers and crew while detained at the quarantine station;
(c) the conveyance of the passengers from the quarantine station to their ports of destination;
(d) the medical surveillance of persons released under quarantine surveillance;
(e) the provision of such medical, nursing and other attendance on the vessel and at the quarantine station for or in respect of the vessel as the Secretary considers necessary; and
(f) the provision of such launch and patrol services and such supervision as the Secretary considers necessary to ensure the satisfactory performance of quarantine by the vessel and the persons and goods thereon;
and
shall, supply to the satisfaction of the Secretary all such service, attendance,
meals and other things as are required for those
purposes, including domestic
and laundry service, medicines, medical comforts, nursing and attendance for the
sick.
(2) The master, owner or
agent of the vessel may arrange with the Secretary for the carrying out of any
responsibility under this
section and for the payment of the expenses thereof,
but in any case the Secretary may take action if he thinks it necessary to do
so, and any expense incurred shall be paid by the master, owner or agent of the
vessel to the Secretary, who shall forthwith pay
any sum so received by him into
the Consolidated Fund:
Provided
that the Minister may direct that as regards any vessel trading exclusively
between ports within the Gilbert Islands or between
the Islands and Australia or
New Zealand or other places adjacent to the Islands, the expenses of carrying
out any responsibility
under this section shall be borne by the Islands, and
upon the issue of such direction the master, owner or agent of any vessel to
which the direction relates shall be exempt from liability for the expenses of
carrying out that
responsibility.
(3) A passenger
shall not be liable to compensate the master, owner or agent for any cost
incurred by the master, owner or agent under
this section, and any contract or
stipulation purporting to impose any such liability upon him shall to that
extent be null and
void.
Liability
for cost of disinfecting
goods
50.
The master, owner or agent of any vessel ordered into quarantine or ordered to
be cleansed, fumigated, disinfected or treated, shall
pay all cost of removal of
cargo or goods from the vessel and costs incurred in the cleansing, fumigation,
disinfection or treatment
of the vessel or of any goods or things taken from the
vessel.
Security
for carrying out
responsibilities
51.
Before permitting any persons, goods, personal effects or things to leave or be
removed from a vessel ordered into quarantine, the
quarantine officer may
require the master, owner or agent of the vessel to give security to the
satisfaction of the quarantine officer
that all responsibilities under this part
of this Ordinance of the master, owner and agent of the vessel in respect of
those persons,
goods, personal effects or things shall be faithfully carried
out.
Liability
of ship owners as to pilotage,
etc.
52.
The master, owner or agent of any vessel ordered into quarantine, shall pay to
the Secretary all charges incurred by him in connection
with the piloting or
towing of the vessel into or out of port or from one place to another in port;
and the Secretary shall forthwith
pay any sum so received by him into the
Consolidated
Fund.
Liability
of ship owners as to expenses of
passages
53.
The master, owner or agent of any vessel subject to quarantine, shall pay to the
Secretary all charges and expenses incurred by him
in providing persons, who
were removed from the vessel in order to perform quarantine, with passages to
their ports of destination;
and the Secretary shall forthwith pay any sum so
received by him into the Consolidated
Fund.
Persons
in quarantine able to support
themselves
54.
Any person detained in quarantine who is not one of the crew or passengers of a
vessel ordered into quarantine, shall, if he is reasonably
able to do so and is
thereunto required by the Secretary, pay to the Secretary the cost of any food
and medicines supplied to him
and those dependent on him during their removal to
or detention in quarantine; and the Secretary shall forthwith pay any sum so
received
by him into the Consolidated
Fund.
Owner of
vessel quarantined liable for services of medical
officer
55.
(1) When a vessel is ordered into quarantine the Secretary may-
(a) appoint a medical officer to take charge of the crew and passengers of the vessel while in quarantine; and
(b) fix the amount of remuneration to be paid to the medical officer for his services.
(2) The
remuneration referred to in subsection (1) (b) shall be paid by the master,
owner or agent of the vessel to the Secretary
who shall forthwith pay any sum so
received by him into the Consolidated
Fund.
Expenses
to be a charge upon
vessel
56.
Any expenses or charges payable to the Secretary under this part of this
Ordinance by the master, owner or agent of any vessel shall
be a charge upon the
vessel; and the vessel may be detained by an officer until such expenses or
charges are
paid.
Recovery
of
expenses
57.
Any expenses or charges payable to the Secretary under this part of this
Ordinance may be recovered by action in any court of competent
jurisdiction
within the Gilbert Islands as a debt due to the Crown.
PART
VI
MISCELLANEOUS
Penalty
for importing disease, germs,
etc.
58.
(1) No person shall, except with the written consent of the Secretary, knowingly
imort any noxious insect, any pest, or any disease
germ or disease microbe, or
any disease agent, or any culture virus or substance containing any disease germ
or disease microbe or
disease
agent.
(2) Any person guilty of a
breach of this section shall be liable on summary conviction to a fine of
$1000.
(3) In any prosecution
under this section the burden of proving want of knowledge shall lie upon the
defendant.
Forfeiture
of goods unlawfully
imported
59.
All goods imported in contravention of this Ordinance or any order thereunder
and all hay, straw, fodder, litter, fittings, clothing,
utensils, appliances or
packages moved or dealt with in contravention of this Ordinance or any
regulations made thereunder, shall
be forfeited and may be seized by an officer
or officer of customs and disposed of in accordance with the
regulations.
Seizure
of forfeited goods,
etc.
60.
Any officer or officer of customs may seize any goods subject to quarantine
which are found outside a quarantine station and may
convey them to a quarantine
station.
Powers
of
inspection
61.
(1) Any quarantine officer may board any vessel being in any port or place in
the Gilbert Islands, and may require any person on
board the vessel to submit to
any prescribed examination, and may enter and inspect any part of the vessel and
all goods on board
the vessel, and may inspect the passenger list, bill of
health, log, manifest, journal and other ship's
papers.
(2) The master of any
vessel shall, if so required by a quarantine officer, produce to him for
inspection the passenger list, bill
of health, log, manifest, journal and other
ship's papers.
(3) Any person
failing to comply with the requirements of this section shall be liable on
summary conviction to a fine of
$40.
Boarding
vessel
62.
(1) A quarantine officer boarding any vessel may remain thereon for such time as
he considers necessary or desirable and the master
shall, if required by the
quarantine officer, provide suitable and sufficient food and sleeping
accommodation for him.
(2) Any
person failing to comply with the requirements of this section shall be liable
on summary conviction to a fine of
$100.
(3) If the vessel is a
passenger vessel the quarantine officer shall be entitled to all the privileges
and accommodation extended
to a first class
passenger.
Muster
of crew and passengers for
inspection
63.
(1) The master of every vessel shall, if so required by a quarantine officer,
muster in the presence of the quarantine officer all
passengers and persons on
the vessel who are not prevented by illness or some other reasonable cause from
attending the muster, and
shall by all reasonable means facilitate the
inspection by the quarantine officer of all persons on board the vessel, and any
person
failing to comply with the requirements of this subsection shall be
liable on summary conviction to a fine of
$100.
(2) Every person on board
the vessel shall unless prevented by illness or some other cause, proof whereof
shall lie upon him, attend
the
muster.
(3) Every person on board
the vessel shall answer truly to the best of his knowledge all questions asked
him by the quarantine officer
as to his health during the voyage and as to the
likelihood of his having been exposed to infection before or during the
voyage.
(4) Any person failing to
comply with the requirements of subsections (2) and (3) of this section shall be
liable on summary conviction
to a fine of
$20.
Quarantine
officer may make inquiries at any
time
64.
(1) A quarantine officer may ask the master or medical officer of any vessel any
question he thinks fit to ask concerning any sickness
on board the vessel or the
sanitary condition of the vessel, and the master or medical officer shall to the
best of his knowledge,
information and belief truly answer the questions asked
him by the quarantine officer.
(2)
A quarantine officer may ask any person subject to quarantine any questions
concerning his personal health or liability to infection,
and the person shall
to the best of his knowledge, information and belief truly answer the questions
asked him by the quarantine
officer.
(3) A quarantine officer
may if he thinks fit require a person who has been asked questions in pursuance
of this section to verify
by statutory declaration the answers given to the
questions.
(4) Any person failing
to comply with the requirements of this section shall be liable on summary
conviction to a fine of $200.
Power to affix
notices
65.
(1) A quarantine officer may affix any prescribed notices in relation to
quarantine on any part of any vessel subject to quarantine
and on or near any
quarantine station and on any goods subject to
quarantine.
(2) Any unauthorised
person removing, defacing or interfering with any notice affixed in pursuance of
this section shall be liable
on summary conviction to a fine of
$20.
Persons
may be
vaccinated
66.
(1) A quarantine officer may require any person subject to quarantine or
performing quarantine to be vaccinated or inoculated with
any prophylactic or
curative vaccine, and any person so required to be vaccinated or inoculated
shall submit to be vaccinated or
inoculated
accordingly.
(2) A quarantine
officer shall not require any person to be vaccinated or inoculated unless, in
his opinion and in the opinion of
the Secretary, vaccination or inoculation is
necessary for the protection of persons subject to quarantine or performing
quarantine
or for the prevention of the spread of the disease of
smallpox.
(3) Any person failing
to comply with the requirements of this section shall be liable on summary
conviction to a fine of
$10.
Trespassing
on quarantine
stations
67.
(1) Any unauthorised person who-
(a) enters or trespasses on any quarantine station; or
(b) interferes with any goods subject to quarantine;
shall
be liable on summary conviction to a fine of
$50.
(2) Any unauthorised person
who enters any quarantine station while any person is performing quarantine
thereon shall be subject to
quarantine and may be detained at the quarantine
station for the performance of
quarantine.
Pilot
to incur penalty on wrongly conducting
vessel
68.
Any pilot who shall, unless compelled by stress of weather or other reasonable
cause, conduct a vessel subject to quarantine into
any place other than the
proper place for a vessel so subject, shall be liable on summary conviction to a
fine of
$100.
Penalty
for entering port other than first port of entry having disease on
board
69.
The master of an oversea vessel who, knowing that a quarantinable disease exists
on his vessel, suffers his vessel to enter a port
other than a port declared to
be a first port of entry, shall, unless he proves that it was necessary for the
purpose of saving human
life, be guilty of an offence and shall be liable on
summary conviction to imprisonment for 3
years.
Cleansing
and disinfection of insanitary
vessels
70.
(1) A quarantine officer may, subject to any regulations made under this
Ordinance, order any vessel in any port in the Gilbert Islands,
which is in his
opinion in an insanitary condition favourable to the spread of communicable
disease, to be cleansed, fumigated, disinfected
or treated to his satisfaction,
and the master of the vessel shall cause her to be cleansed, fumigated,
disinfected or treated
accordingly.
(2) A quarantine
officer may, subject to any regulations made under this Ordinance, order any
such vessel to be taken to any appointed
place for the purpose of cleansing,
fumigation, disinfection or treatment, and the master of the vessel shall cause
her to be taken
to that place.
(3)
The Secretary may order any vessel in any port in the Gilbert Islands to be
taken to any other port in the Islands for the purpose
of cleansing, fumigation,
disinfection or treatment, and the master of the vessel shall cause her to be
taken to that port
accordingly.
(4) Any person
failing to comply with the requirements of this section shall be liable on
summary conviction to a fine of
$200.
Offences
as to
documents
71.
Whoever-
(a) forges any document under this Ordinance or any official copy thereof or the signature of any officer performing any duty under this Ordinance; or
(b) utters or puts off knowing it to be forged any document purporting to be a document issued under this Ordinance; or
(c) fraudulently lends any certificate or document issued under this Ordinance to any other person or allows it to be used by any other person;
shall
be liable on summary conviction to imprisonment for 3
Years.
Penalty
for
desertion
72.
Any officer who-
(a) wilfully deserts from his duty; or
(b) knowingly and unlawfully permits any person, vessel, or goods to depart from or be conveyed out of any quarantine station where they are detained;
shall
be liable on summary conviction to imprisonment for 2
years.
Bribing,
assaulting, obstructing, or intimidating
officers
73.
Whoever-
(a) gives or offers or promises to give or procure to be given any bribe, recompense or reward to any officer to induce him in any way to neglect or not to perform his duty; or
(b) makes any collusive arrangement with an officer to neglect or not to perform his duty; or
(c) by threats, demands or promises attempts improperly to influence an officer in the performance of his duty; or
(d) assaults or by force molests or obstructs or intimidates an officer in the performance of his duty;
be
liable to a fine of $500 and to imprisonment for 3
years.
Officers
taking
bribes
74.
Any person who-
(a) accepts any bribe, recompense or reward for or on account of any neglect to perform or non-performance of his duty; or
(b) makes any collusive agreement with any person to neglect or not to perform his duty;
shall
be liable on summary conviction to imprisonment for 3 years.
Master
or medical officer of vessel misleading quarantine
officer
75.
Any master or medical officer of a vessel who-
(a) wilfully makes any false statement in answer to any question asked him by a quarantine officer under this Ordinance; or
(b) wilfully misleads a quarantine officer in the performance of his duty;
shall
be liable on summary conviction to imprisonment for 2
years.
Maliciously
ordering vessels, etc, into
quarantine
76.
Any quarantine officer who maliciously and without reasonable cause orders any
vessel, person or goods into quarantine, shall be
liable to imprisonment for 2
years.
Aiding
and abetting
offences
77.
Whoever aids, abets, counsels or procures, or by act or omission is in any way
directly or indirectly knowingly concerned in, the
commission of any offence
against this Ordinance or any regulations made thereunder shall be deemed to
have committed that offence
and shall be punishable
accordingly.
Limitation
of time for summary
proceedings
78.
All proceedings taken for the recovery of any penalty for any offence against
this Ordinance or any regulations made thereunder shall
be instituted within 6
months after the commission of the
offence.
Adjournment
of proceedings in certain
cases
79.
Where proceedings have been instituted against any person for an offence against
this Ordinance or any regulations made thereunder,
the court may, if in its
opinion it is desirable or convenient so to do, adjourn the hearing for such
time as it thinks fit upon
the defendant entering into a bond with 2 sureties
approved by the court in a sum equal to the maximum penalty for the offence
conditioned
for his appearance before the court at the time and place to which
the hearing is
adjourned.
Power
to administer oaths or take
declarations
80.
All quarantine officers, who are authorised in that behalf by any regulations
made under this Ordinance or by the Secretary, are
hereby authorised to
administer oaths or affirmations and to take declarations in all cases in which
any answers to questions asked
in pursuance of this Ordinance are by this
Ordinance or any regulations made thereunder required to be verified by oath,
affirmation
or
declaration.
General
penalty
81.
Any person who commits an offence against this Ordinance for which no specific
penalty is provided shall be liable on summary conviction
to a fine of
$200.
Regulations
82.
The Minister may make regulations not inconsistent with this Ordinance
prescribing all matters which by this Ordinance are required
or permitted to be
prescribed, or which are necessary or convenient to be prescribed for carrying
out or giving effect to this Ordinance,
and in particular but without prejudice
to the generality of the foregoing power for-
(a) regulating the performance of quarantine; and
(b) regulating and protecting quarantine stations; and
(c) regulating or preventing ingress to or egress from any quarantine area and prescribing measures of quarantine within any quarantine area.; and
(d) regulating or preventing the removal of mails or goods from any quarantine area; and
(e) requiring notification to a quarantine officer of each case of a quarantinable disease which arises in the Gilbert Islands or within any specified part of the Islands or within any quarantine area; and
(f) prescribing the precautions to be taken to prevent the ingress to or egress from a vessel of rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease; and
(g) prescribing the measures to be taken by the masters, owners or agents of vessels to destroy rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease which may exist on the vessels; and
(h) prescribing and establishing and maintaining on vessels; or within any quarantine area, of conditions unfavourable to, and to the migration of, rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease, and fixing the time limit for the completion of any work necessary for the purpose of establishing such conditions, and empowering the Secretary, in case of default by the master, owner or agent, to carry out any such work at the expense of the master, owner or agent; and
(i) prescribing the precautions to be taken by masters of vessels in respect of the vessels and their crews, passengers and cargoes at infected places, and on the voyage from infected places, and on voyages between ports or places in the Islands, to prevent the introduction into the Islands or spread of quarantinable diseases; and
(j) regulating the discharge from vessels of any water, ballast or refuse; and
(k) regulating the sanitary condition of vessels in ports; and
(l) providing for the granting of certificates by quarantine officers in relation to any vessels or goods examined or treated by them or under their supervision; and
(m) prescribing the fees payable in respect of examinations services or certificates by quarantine officers and all quarantine services and the persons by whom the fees are payable; and
(n) prescribing the movements of any person subject to quarantine; and
(o) prescribing measures of disinfection, fumigation and other measures of quarantine which vessels, persons or goods subject to quarantine shall carry out or be subjected to; and
(p) prescribing the conditions under which any prophylactic or curative vaccine or serum may be prepared and offered for sale; and
(q) prescribing penalties not exceeding $200 for breaches of the regulations; and
(r) establishing and maintaining places, works and services for the sanitary control of aerial navigation, and prescribing sanitary measures to be taken in respect of international aerial navigation, either generally or in relation to specific diseases, in accordance with the provisions of any International Convention for the sanitary control of aerial navigation for the time being in force; and
(s) requiring and prescribing reports from vessels by radio-telegraphy; and
(t) regulating traffic within the Gilbert Islands by land and sea, and prescribing measures of quarantine in relation to such traffic for the prevention of the occurrence or spread of communicable diseases.
---------------------------------------------------
SUBSIDIARY LEGISLATION
[Susidiary]
Appointment
of quarantine officers under section 5
APPOINTMENT OF QUARANTINE OFFICERS NOTICE
L. N. 109/77
1.
This notice may be cited as the Appointment of Quarantine Officers
Notice.
2. (a) The persons whose names appear from time to time in Part I, Part II or Part IV of the Medical and Dental Register; and
(b) the persons from time to time holding office as health inspectors or assistant health inspectors; and
(c) the persons from time to time registered as nurses or midwives under the Nurses and Midwives Ordinance are hereby appointed quarantine officers.
Cap. 64
3.
Publication in the
Gazette
of the names of the persons appointed to be nurses or midwives or health
inspectors or assistant health inspectors and of the persons
registered in the
Medical and Dental Register shall be publication of the appointments made
hereby.
Places declared by order to be infected places under section 7
The following places have
been declared infected with the quarantinable disease of cholera-
Island
of Abemama
L.N.
104/77
Island of Abaiang
Island of
Tarawa
L.N.
108/77
Parts
of the Gilbert Islands declared by order to be quarantine areas under section
8(1)(f).
1. The parts specified in
the Schedule in which cholera exists are declared to be quarantine
areas.
2. Any vessel, person or
goods in a scheduled area shall be subject to
quarantine.
3. All vessels,
persons or goods subject to quarantine shall continue to be so subject until
released from quarantine or until pratique
has been granted.
------------------------------
SCHEDULE
Island
of Abemama
L.N.
105/77
Island of Abbaiang
Island
of
Tarawa
L.N.107/77
Ports
declared to be first ports of entry for oversea vessels under section 8 (1)
(a)
For all oversea
vessels-
Proclamation
1/1931
Ocean Island
Tarawa
Fanning Island
Christmas Island
G.N.
208/55
Imports
prohibited under section 8(1)(c) and (d)
Mosquitoes, their eggs and larvae;
Proclamation
1/1931
All disease germs, microbes and disease agents capable of producing disease in man;
All cultures, viruses and substances containing or likely to contain disease germs, microbes or disease agents, unless in the case of any virus or culture the Secretary, on the production of satisfactory evidence of absence of danger to public health, permits introduction thereof and then only subject to the conditions expressed in the permit.
Rags, second-hand clothing or second-hand bedding until subjected, at the expense of the importer or consignee, to such process of disinfection as the Secretary considers adequate.
Proclamation
2/1931
Regulations
under section 82
1. Quarantine (Maritime and Aerial) Regulations.
2. Quarantine (Prescription of Movement) Regulations.
(1) QUARANTINE (MARITIME AND AERIAL) REGULATIONS
L.N. 32/65 8 of 1968
Citation
1.
These Regulations may be cited as the Quarantine (Maritime and Aerial)
Regulations.
Interpretation
2.
In these Regulations, unless the context otherwise requires-
"Aedes aegypti" includes any domiciliary vector of yellow fever;
"aircraft" means an aircraft making an international voyage and includes hydroplanes;
"airport" means an airport of entry or departure for international air traffic and includes places for the landing of hydroplanes and similar craft on water;
"baggage" means the personal effects of a traveller or of a member of the crew;
"crew" means the personnel of a vessel or an aircraft who are employed for duties on board;
"day" means an interval of 24 hours;
"direct transit area" means a special area established in connection with an airport, approved by the Health Authority for accommodating direct transit traffic and, in particular, for accommodating, in segregation, passengers and crews breaking their voyage without leaving the airport;
"epidemic" means an extension of a disease by a multiplication of cases in a local area;
"Health Authority" means the Secretary or a quarantine officer or a temporary quarantine officer;
"Health Inspector" means an officer appointed as such by the Secretary;
"imported case" means an infected person arriving in the Gilbert Islands on an international voyage;
"infected local area" means-
(a) a local area where there is a case of plague, cholera, yellow fever, or smallpox which is neither an imported case nor a transferred case; or
(b) a local area where plague infection among rodents exists on land or on craft which are part of the equipment of a port; or
(c) a local area where activity of yellow-fever virus is found in vertebrates other than man; or
(d) a local area where there is an epidemic of typhus or relapsing fever; or
(e) any place in respect of which the Health Authority has certified in writing that he is satisfied that there is reason to suspect that any of the conditions exist which are referred to in the foregoing paragraphs of this definition;
"infected person" means a person who is suffering from a quarantinable disease or who is believed to be infected with such a disease;
"International Sanitary Regulations" means the Regulations adopted by the Fourth World Health Assembly in 1951, and amended by the Eighth, Ninth and Sixteenth World Health Assemblies in 1955, 1956 and 1963 respectively;
"international voyage" means-
(a) in the case of a vessel or an aircraft, a voyage between ports or airports in the territories or more than one country; or
(b) in the case of a person, a voyage involving entry into the territory of a country other than the territory of the country in which that person commences his voyage;
"isolation", when applied to a person or group of persons, means the separation of that person or group of persons from other persons, except the health staff on duty, in such manner as to prevent the spread of infection;
"master" in relation to an aircraft means the person in charge or command of such aircraft;
"medical examination" includes visit to and inspection of a vessel or aircraft and the preliminary examination of persons on board but does not include the periodical inspection of a vessel to ascertain the need for deratting;
"medical practitioner" means a person registered as such under the Medical and Dental Practitioners Ordinance;
Cap. 55
"observation" means medical examination in isolation of a person or persons by the Health Authority, at such interval as the Health Authority may decide;
"port" means a seaport which is normally frequented by vessels;
"quarantinable disease" means plague, cholera, yellow fever, smallpox, typhus and relapsing fever;
"quarantine mooring ground" means any mooring ground appointed by the Minister by order under section 23;
"quarantine station" means any place appointed to be a quarantine station by the Minister by order under section 8;
"rat" includes other rodents known to be the means of spreading plague;
"relapsing fever” means louse-borne relapsing fever;
"surveillance" means medical examination by the Health Authority, at such intervals as the Health Authority may decide, of a person or persons whose movements, other than reporting for medical examination, are unrestricted;
"suspect" means a person who is considered by the Health Authority as having been exposed to infection by a quarantinable disease and is considered capable of spreading that disease;
"transferred case" means an infected person whose infection originated in another local area in the Islands;
"typhus" means louse-borne typhus;
"valid certificate" in relation to vaccination or inoculation means a certificate in the form set out in Schedules 5, 6 and 7, and issued from authorised vaccination and inoculation centres as set out from time to time in the World Health Organisation Bulletins;
"yellow fever epidemic area" means an area in which yellow fever exists in a form recognisable clinically, biologically or pathologically and includes an area in which the yellow fever virus persists among jungle animals over long periods of time.
DECLARATION OF DESIGNATED AND SANITARY AIRPORTS
Designated
and sanitary airports
3. (1) The
Minister may by order declare any airport in the Gilbert Islands to be a
designated airport for the purposes of these Regulations
and the International
Sanitary Regulations.
(2) The
Minister may by order declare any designated airport to be a sanitary airport
for the purpose of these Regulations and the
International Sanitary Regulations
provided that such airport complies with the conditions and affords the
facilities set out hereunder
that is to say-
(a) a medical practitioner and 1 health inspector although the staff may not necessarily be in permanent attendance at the airport;
(b) a place of medical inspection;
(c) equipment for taking and despatching suspected material for examination in a laboratory if such examination cannot be made at the airport;
(d) facilities, in the case of necessity, for the isolation, transport and care of the sick, for the isolation of contacts separately from the sick, and for carrying out any other prophylactic measures in suitable premises either within the airport or in proximity to it;
(e) apparatus necessary for carrying out disinfection, disinsectisation and deratisation if required as well as any other measures laid down in these Regulations;
(f) a sufficient supply of wholesome drinking water;
(g) a proper and safe system for the disposal of excrement, refuse and filth and for the removal of waste water to the satisfaction of the Secretary;
(h) adequate protection from rats.
ARRIVAL OF VESSELS AND AIRCRAFT
Maritime
declaration of
health
Schedule
1
4. (1) The master of every
vessel arriving at any port in the Gilbert Islands from any port outside the
Islands shall ascertain the
state of health of all persons on board and shall
fill in and sign a declaration of health in the form set out in Schedule 1
(hereafter
referred to as a "maritime declaration of health"), such form to be
countersigned by the ships surgeon if one is carried
thereon.
(2) The master or the
ship's surgeon shall deliver the maritime declaration of health to the Health
Authority, and shall supply any
further information required by the Health
Authority as to health conditions on board during the
voyage.
(3) Where it appears to
the Health Authority from the answers to the questions set out in the maritime
declaration of health, or from
the answers to the inquiries, or otherwise, that
there was no quarantinable disease or any case or suspected case of other
infectious
disease, which is likely to lead to infection or to the spread of
infectious disease on board during the voyage or on arrival of
the vessel, and
that the vessel has not called at any infected local area or had direct
intercourse during the voyage with any ship
from an infected local area having
on board any quarantinable disease or any other infectious disease, the Health
Authority shall
grant pratique to the
vessel.
Aircraft
General
Declaration
Schedule
2
5. (1) The master of an aircraft
landing at an airport shall complete and deliver to the Health Authority the
health part of the Aircraft
General Declaration which shall conform with the
model specified in Form No. 1 of Schedule
2.
(2) The master of an aircraft
shall supply any further information required by the Health Authority as to
health conditions on board
during the voyage and shall notify the Health
Authority of any death on the aircraft during the voyage, or of any case or
suspected
case of illness on the
aircraft.
(3) The Health Authority
may exempt the master of any particular aircraft or any aircraft of a particular
class from the provisions
of paragraph
(1).
Granting
of pratique
6. (1) No person shall
board any vessel or aircraft, unless and until the Health Authority has granted
pratique or has given permission
for such person to
board:
Provided that any harbour
pilot, and if necessary his assistants, may in an emergency board any vessel
before pratique has been granted
and, if it be found that the conditions are
such that pratique is not granted, neither such pilot nor his assistants who
have boarded
the vessel shall leave the same until the Health Authority has
visited the vessel and granted them permission to do
so.
(2) If the Health Authority
decides not to grant pratique, he shall cause the signals mentioned in
regulation 8 (1) to be displayed
on the vessel or aircraft until pratique has
been granted.
(3) When a vessel or
an aircraft touches several ports or airports in the Gilbert Islands in direct
sequence, it shall not be necessary
to submit the vessel or aircraft or
passengers or crew to further sanitary measures or medical inspection after the
first port or
airport, unless the Health Authority otherwise directs, for the
reason that some new incident has occurred or that it has ascertained
that some
measure previously applied was not
effective.
(4) Notwithstanding
anything in these Regulations contained, the Health Authority may, when on the
basis of information received he
infers that the waiving of medical inspection
will not result in the introduction or spread of a quarantinable or other
infectious
disease, grant pratique by
wireless.
(5) The master of any
ship arriving in the Islands from overseas may request the granting of free
pratique by sending a wireless message
to the port quarantine officer, not more
than 12 hours or less than 4 hours before the time on which the vessel is
expected to arrive
in port in the following form-
"To Quarantine Officer (name of) Port Request radio pratique stop negative answers all health questions maritime declaration of health Master."
Duties
of passengers
7. (1) All
passengers excluding wives accompanied by husbands and children accompanied by
parents, entering the Gilbert Islands by
air shall upon or before the first
landing of the aircraft in the Islands complete a personal Declaration of Origin
in Form No. 2
of Schedule 2 and shall deliver the same to the commander of the
aircraft who shall hand the declaration to the Health Authority.
Schedule 2
(2) The person for the time being
in charge of an airport may, in the absence of a Health Authority, defer the
departure of a person
showing symptoms of an illness other than the effect of
accident where not already notified to the master of the aircraft by a medical
practitioner.
Procedure
for infected or suspected vessels or
aircraft.
8. (1) The master of an
infected or suspected vessel, arriving or being at any port in the Gilbert
Islands and the master of any vessel
arriving at any port in the Islands from an
infected local area or not havi