#### 388 Being on board a ship unlawfully (1) No person (other than an official or a person duly authorized by the Minister or the Authority) shall go on board or remain alongside or hover near any ship in the port during the night. Penalty: $500. (1A) Subsection (1) does not apply if the person has a reasonable excuse or has the permission of the master of the ship concerned. > Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). (2) The master, an officer of Customs or an officer of police may apprehend and keep in safe custody any person so offending who shall be brought before a justice on the following morning.

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