Section 129: Compensation and security

129. Compensation and security (1) Subject to subsection (2), where a ship is detained under this Act, and the owner proves to the satisfaction of the Government that there was no reasonable cause for the detention of the ship, the Government may pay compensation to the owner for any loss or damage sustained by him by reason of the detention. (2) Subject to subsection (3), where a complaint is made to the Director that a Mauritius ship is unsafe, or otherwise does not comply with this Act, the Director may require the complainant to give security to his satisfaction for any compensation which may become payable by the Government under subsection (1). M62 – 65 [Issue 2] Merchant Shipping Act (3) The security referred to in subsection (2) shall not be required where the complaint is made by one fourth, being not less than 3, of the seamen belonging to the ship and is not, in the opinion of the Director, frivolous or vexatious. (4) Where a ship is detained in consequence of any complaint, and the circumstances are such that the Government determines to pay compensation to the owner of the ship under subsection (1), the complainant shall be liable to repay to the Government the compensation which the Government may pay under subsection (1) in respect of the detention of the ship.