(1) A person who uses or permits any person to use the national colours on board a ship which is not a Ghanaian ship or in any other way makes a foreign ship or permits a foreign ship to be made to appear to be a Ghanaian ship.

(a) commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of US $1 million or to a term of imprisonment not exceeding 3 years or to both; and

(b) the ship shall be liable to forfeiture under this Act unless the use or assumption of appearance was made for the purpose of escaping capture by an enemy or a foreign warship exercising some belligerent right.

(2) In any proceedings under this section the burden of proving the right to use the national colours and to assume the appearance of a Ghanaian ship is upon the person using the national colours or assuming the appearance.