Section 6: Master’s power of delivery
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Master’s power of delivery
(1) Where the master of a ship, wherever that ship may be, and whatever the State, if any, in which it may be registered, has reasonable ground to
believe that any person on board the ship has—
(a) committed any offence under section 3, 4 or 5;
(b) attempted to commit such an offence; or
(c) aided, abetted, counselled, facilitated, procured or incited the
commission of such an offence,
in relation to any ship, other than a warship or other ship used as a naval auxiliary, he may deliver that person to the Commissioner of Police in Mauritius
or to the proper officer in any other Convention State.
(2) Where the master of a Mauritius ship intends to deliver any person in
Mauritius or any other Convention State in accordance with subsection (1),
he shall notify the Director of Shipping, if the delivery is to be in Mauritius
or, if delivery is to be in another Convention State, to the proper officer in
that State—
(a) of his intention to deliver that person; and
(b) of his reasons for intending to do so.
(3) A notification under subsection (1) shall be given—
(a) before the ship has entered the Exclusive Economic Zone of
Mauritius or the other State concerned; or
(b) if, in the circumstances, it is not reasonably practicable to comply
with paragraph (a), as soon as reasonably practicable, but not later than 72 hours in advance, before the ship enters the territorial
waters of Mauritius.
(4) Where the master of a Mauritius ship delivers any person to the
Commissioner of Police in Mauritius or to the proper officer in any other
State under subsection (1), he shall—
(a) make to the Commissioner of Police, if the person is to be delivered in Mauritius, or, if the person is to be delivered in another
State, to a proper officer in that State, such oral or written statements relating to the alleged offence as the Commissioner of
Police or that officer, as the case may be, may reasonably require;
and
(b) deliver to the Commissioner of Police or the appropriate officer,
as the case may be, such other evidence relating to the alleged
offence as is in his possession.
P8A – 5 [Issue 4]
(5) In this section—
“Convention State” means a State in which the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 is in force.