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Port manager may retain goods until freight is paid

Cap. 233, s. 45 · Revised Edition 2020

(1) Where the agent of a ship from which any goods have been landed at a port and accepted by the Authority for carriage or warehousing or for delivery to the consignee, notifies the Ports Commissioner or the port manager in writing that the freight or other charges payable to the agent of the ship to the amount specified in the notice, remain unpaid in respect of the goods, the Ports Commissioner or the port manager, as the case may be, shall retain the goods and refuse delivery of them to the consignee or any other person until, (a) the payment of any dues and charges in respect of such ship and the goods and customs duties thereon; 33 (b) the production of a receipt for, or a release from the payment of such amount signed, or purporting to be signed, by or on behalf of the agent; or (c) the payment of such amount to be signed by the person entitled to take delivery thereof. (2) Where the Ports Commissioner or the port manager causes to be delivered any goods in respect of which a notice has been given under subsection (1) of this section to a person producing such receipt or release, or making such payment as is referred to in paragraphs (b) or (c) of that subsection, the Authority shall be freed from all liability to any person in respect of the goods. (3) Nothing in this section shall be construed as requiring any person to take into the custody of the Authority any goods which would not otherwise be receivable by the Authority under the provisions of this Act or any regulations made thereunder or as requiring the Ports Commissioner or the port manager to inquire into the validity of any claim made for freight or any other sums made in any notice given by an agent under subsection (1) of this section.
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