Section 220: Detention of ships

220. Detention of ships (1) The Director may detain a ship where it— (a) has damaged or destroyed an aid to navigation; (b) does not contain appropriate crew accommodation; (c) does not carry the necessary medical stores; (d) does not comply with the Safe Manning Regulations; (e) is not equipped with appropriate measures of communicating with members of the crew who do not understand English; (f) is not fitted with necessary lights, shapes or signals; (g) is carrying more passengers than it is entitled to; (h) is overloaded; (i) is not carrying the required certificates issued pursuant to this Act or any international Convention to which Mauritius is a party; M62 – 107 [Issue 2] Merchant Shipping Act (j) is deemed to be an unsafe ship; (k) has been salvaged and any remuneration is still unpaid; or (l) is so provided in this Act. (2) Where a ship is to be detained pursuant to subsection (1), the Director shall issue a detention order and cause it to be served on the master of the ship. (3) Where, a ship is the subject of a detention order, no outward port clearance shall be granted to that ship until a release order is issued, and, in the case of a foreign ship, the Director shall cause the consular officer, if any, or the proper officer of the country where the ship is registered to be informed. (4) Subject to subsection (7), where proceedings are to be instituted in respect of an alleged contravention of this Act, the person exercising the power of detention shall immediately release the ship where— (a) no proceedings for the offence in question are instituted within 7 days beginning with the day on which the ship is detained; (b) such proceedings, having been instituted within that period, are concluded without the person charged being convicted; (c) the sum of 500,000 rupees is paid into Court by way of security; (d) the person charged is convicted and any costs or expenses and any fine imposed have been paid; or (e) the release is ordered by a Court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered by such a Court or tribunal is posted. (5) The Court shall repay any sum paid under subsection (4) (c) as security within 30 days beginning with the day on which the sum is paid— (a) if no proceedings for the offence in question are instituted; or (b) if such proceedings, having been instituted within that period, are concluded without the person charged being convicted. (6) Where a sum has been paid by any person under subsection (4) (c), and the person charged is convicted of the offence in question, the sum so paid shall be applied— (a) in payment of any costs or expenses ordered by the Court to be paid by the convicted person; and (b) in payment of any fine imposed by the Court, and the balance shall be repaid to the person who paid the sum as security. (7) Where a ship is detained under section 128, it shall not be released until the deficiency for which the ship was detained is rectified to the satisfaction of the Director. [Issue 2] M62 – 108 Revised Laws of Mauritius (8) Where a ship detained under this Act is to be released, a release order shall be issued by the Director.