Malaysia legislation
Section 198
Section 198
(2)
The Director or any government surveyor, if he has reason to believe, on complaint or otherwise, that a British or North Borneo ship is unsafe, may order the provisional detention of such ship for a period not exceeding twenty-four hours, and subject to the further provisions of this section, the Governor may by order extend such period either indefinitely or for such definite period as he may deem fit.
(3)
When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of detention, and the Governor may, if he thinks fit, appoint some competent person to survey the ship and report to him.
(4)
The Governor, on receiving the report, may either order the ship to be released or, if in his opinion the ship is unsafe, may order the ship to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, or the manning of the ship, as the Governor thinks necessary for the protection of human life, and he may vary or add to any such order.
(5)
Before the order for final detention is made, a copy of the report shall be served on the master of the ship, and, within seven days of such service, the master, owner or agent of the ship may appeal in the prescribed manner to a Court of Survey.
(6)
(a)
Where a ship has been provisionally detained, the master, owner or agent of the ship may, at any time before the person appointed under subsection
(3)
to survey the ship makes such survey, require that he shall be accompanied by such person of nautical, engineering or other special skill and experience to be approved by the Governor as the owner, agent or master may select.
(b)
In any such case, if the surveyor and assessor agree, the Governor shall cause the ship to be detained or released accordingly; but, if they differ, the
Governor may act as if the requisition had not been made, and the master, owner or agent shall have the like appeal touching the report of the surveyor as is before provided by this section.
(7)
Where a ship is provisionally detained, the Governor may at any time, if he thinks it expedient, refer the matter to the Court of Survey.
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(8)
The Governor may at any time, if satisfied that a ship detained under this Chapter is not unsafe, order such ship to be released, either upon or without any condition.
Liability of Government and ship owner for costs and damages.