Malaysia legislation
Section 86
Section 86
Recovery of damages for injury to property of Authority
(2)
For the purposes of subsection (1), the Authority may detain the vessel until—
(a)
the amount to make good the damage has been paid;
(b)
a deposit equal in amount to the claim or demand made by the Authority for the estimated amount to make good the damage has been made by the master or owner of the vessel; or
(c)
security is given for the payment of the entire amount to make good the damage.
(3)
Where a deposit has been made, the Authority shall receive and retain the deposit until the extent of and the amount to make good such damage has been ascertained by the Authority and paid to it by such master or owner.
(4)
Every deposit made under subsection (2) shall be considered to have been made as payment of or towards the claim or demand for damage referred to in subsection (1), unless notice that the claim is
68 Laws of Malaysia ACT 243
disputed is given to the Authority within seven days next after the deposit is made.
(5)
After the expiration of seven days next following such deposit, the Authority may unless—
(a)
in the meantime notice has been given to it that the claim is disputed; or
(b)
the amount to make good the damage done by the vessel has been sooner paid, apply the deposit or a sufficient part thereof in making good the damage and the Authority shall return the residue, if any, to such master or owner.
(6)
Every notice declaring that a claim is disputed shall be in writing and shall contain the name and address of a person within
Malaysia who is authorized to act on behalf of such master or owner in reference to such claim.
(7)
Notwithstanding any written law to the contrary, service of any document or legal process on the person authorized to act under subsection (6) shall be deemed good service on such master or owner for all purposes.
Offence may be tried by Magistrate’s Court