Malaysia legislation
Section 41
Section 41
Recovery of damages for injury done to property of authority
(2)
The authority may detain such vessel until—
(a)
such damage has been paid for;
(b)
a deposit equal in amount to the claim or demand made by the authority for the estimated amount of the damage so done by such vessel has been made by the master or owner of such vessel; or
Port Authorities 63
(c)
security has been given for the payment of the entire amount of such damage.
(3)
Where a deposit has been made, the authority shall receive and retain such deposit until the entire amount of such damage has been ascertained by the authority and paid to the authority by the master or owner of such vessel.
(4)
Every deposit aforesaid 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 disputed is given to the authority within seven days after such 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 them that the claim is disputed; or
(b)
the amount of damage done by such vessel has been sooner paid, apply such deposit or a sufficient part thereof in making good the damage aforesaid, and the authority shall return the residue (if any) to the said master or owner.
(6)
Every notice declaring that a claim is disputed shall be in writing and shall contain the name and address of some person within
Malaysia, who is authorized to act on behalf of such master or owner in reference to such claim.
(7)
Service of any documents or legal process on the person, specified under subsection (6), shall be deemed good service on such master or owner for all purposes.
Power to board and seize