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Charterers ordered crew to leave vessel during cargo fumigation - Master refused to leave ship because of very bad state of shore accommodation - Whether vessel off-hire

The vessel was under time charter and was discharging a cargo of rice. The port authority ordered the discharge to be stopped because the quarantine inspector had found indications of infestation. The port authority required that the cargo be fumigated in the vessel. The vessel was moved to a fumigation berth and the master was asked to vacate the vessel with his crew during the period of the fumigation. This was a normal procedure designed to preserve the crew from any risk of harm by obnoxious fumes even though the fumigation operation was to be confined to the ship’s cargo holds.