Section 47: Maritime liens

47. Maritime liens (1) Subject to subsection (2), a maritime lien may be created to secure a claim— (a) for wages or other sum due to a master, officer or crew member of a ship in respect of his employment on the ship, including costs of repatriation and social insurance contributions payable on his behalf; (b) in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the ship; (c) for remuneration of salvage of a ship; (d) for port, canal and other waterways dues and pilotage dues; or (e) based on tort arising out of physical loss or damage caused by the operation of the ship other than loss of or damage to cargo, containers and passengers’ effects carried on the ship. (2) No maritime lien shall attach to a ship to secure a claim referred to in subsection (1) (b) or (e) which arises out of or results from— (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimant under the appropriate International Convention; or (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste. (3) A maritime lien shall remain attached to the ship, notwithstanding any change of ownership, registration or flag. [Issue 2] M62 – 30 Revised Laws of Mauritius (4) (a) A maritime lien shall be extinguished after a period of one year unless, before the expiry of such period, the vessel has been arrested or seized and the arrest or seizure has led to a judicial sale. (b) The one-year period shall commence— (i) in the case of a maritime lien referred to in subsection (1) (a), on the claimant’s discharge from the ship; and (ii) in the case of a maritime lien referred to in subsection (1) (b) to (e), when the claim arises. (c) The one-year period shall not be subject to interruption or suspension except that time shall not run during the period that the arrest or seizure of the ship is not permitted by law. (5) (a) Where a claim secured by a maritime lien is assigned or a person is subrogated to such a claim, there shall be a simultaneous assignment of, or subrogation to, the maritime lien. (b) The holder of a maritime lien shall not be subrogated to the indemnification payable by an insurer to a ship owner under a contract of marine insurance.