Section 154: Penalties applicable to owner of aircraft or ship

154. Penalties applicable to owner of aircraft or ship (1) The owner of any aircraft or ship— (a) used in smuggling or used in the unlawful import, export, or conveyance of any prohibited or restricted goods; (b) found within the territorial waters or air space of Mauritius, as the case may be, and failing to bring to for boarding upon being lawfully requested to do so; (c) hovering within the territorial waters or air space of Mauritius, as the case may be, and not departing within 24 hours after being requested to depart by an officer; (d) from which any goods are thrown overboard, staved or destroyed, to prevent seizure by Customs; [Issue 6] C62 – 62 Revised Laws of Mauritius (e) found within any port or airport with cargo on board, and afterwards found light or in ballast or with the cargo deficient, and the master of which is unable lawfully to account for the deficiency to the satisfaction of the Director-General; (f) found within Mauritius including its territorial waters or the air space, as the case may be, having false bulkheads, false bows, sides or bottoms, or any secret or disguised place adapted for the purpose of concealing goods or having any hole, pipe or other device adapted for the purpose of smuggling goods; (g) found within any port or airport having on board or in any manner attached thereto, or conveying or having conveyed any goods in a manner such as to be in contravention of customs laws or any other laws of Mauritius, whenever a responsible officer of such aircraft or ship is involved, even by neglect; (h) engaged in coasting trade in violation of section 116, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2 million rupees and the aircraft or ship may be detained until the penalty is paid or until security, to the satisfaction of the Court, is given for payment of such penalty. (2) For the purpose of subsection (1) (g)— “neglect” includes cases where goods not claimed, or owned by any of the crew are discovered in a place in which they could not reasonably have been put if the responsible officer or officers having supervision of such place had exercised care at the time of the loading of the aircraft or ship or of the coming on board the aircraft or ship of the crew or subsequently; “responsible officers” means the master, mates and engineers of any aircraft or ship, and in the case of an aircraft or ship, carrying passengers, the purser or chief steward. [S. 154 amended by s. 6 (k) of Act 10 of 1998 w.e.f. 21 July 1998.]