Section 199
of Merchant Shipping Ordinance 1960
Section 199
If it appears that there was not reasonable and probable cause by reason of the condition of the ship or the act or default of the owner or agent for the provisional detention of the ship under section 198, the Government shall be liable to pay to the owner of the ship his costs of, and incidental to, the detention and survey of the ship, and compensation for any loss or damage sustained by him by reason of the detention or survey.
(2)
If a ship is finally detained under this Ordinance, or if it appears that a ship provisionally detained was at the time of such detention unsafe, the owner of the ship shall be liable to pay to the Government the costs of, and incidental to, the detention and survey of the ship; and such costs shall, without prejudice to any other remedy, be recoverable before a Magistrate of the First Class.
(3)
(a)
For the purposes of this Ordinance, the costs of, and incidental to, any proceedings before the Court of Survey and a reasonable amount in respect of remuneration of the surveyor appointed under subsection (3) of section 198 shall be part of the costs of the detention and survey of the ship.
(b)
Any dispute as to the amount of costs under this section may be referred to a Registrar of the High Court who, on request made to him for that purpose by the Governor, shall ascertain and certify the proper amount of such costs.
(4)
A claim for any costs or compensation payable by the Government under this section may be brought against the Attorney-General under the provisions of the Government
Proceedings Ordinance [Cap. 166.].
113
Power to require security for costs from complainant.