Behind the curfew in Mauritius: How can overseas investors protect their personal and property rights in accordance with the law? Interpretation by Shenzhen Lawyer
Lead
On the evening of October 13, 2026, Mauritius Prime Minister Ramgoolam delivered a national televised speech announcing the implementation of a curfew in many parts of the country from 20:30 on the same day to 6:00 the next day. Since the evening of October 12th, violent incidents such as road blockades, smashing of police stations and shops, and burning of cars have occurred in many places such as Port Louis. Ramgoolam claimed that the riots were caused by personnel "sponsored and dispatched by drug traffickers" with the intention of disrupting public order. The direct cause of the incident is related to social tension caused by water supply difficulties in the country, as well as a 27 year old woman who was shot and injured by police.
For most Shenzhen readers, this seems to be just an international news story. But as an outward oriented economic hub, Shenzhen has a large number of enterprises engaged in trade, investment, and contracting projects in African countries such as Mauritius, and there are also many citizens doing business, working, and traveling locally. Once the terms curfew, smashing, and arson are applied to specific individuals and property, it becomes a real legal issue: who should compensate for the burning of goods? Does an employee's injury count as a work-related injury? Should we take responsibility for the inability to fulfill the contract due to riots? This article dissects the legal response path behind such overseas emergencies from the perspective of lawyer practice.
1、 Who can claim the losses from shops being vandalized and goods being burned?
In violent incidents, the most common losses suffered by Chinese merchants are store smashing, inventory burning, and vehicle destruction. Legally speaking, this is primarily a matter of infringement.
According to Article 44 of the Law of the People's Republic of China on the Application of Law in Foreign related Civil Relations, the liability for infringement shall be governed by the law of the place where the infringement occurred. That is to say, acts of vandalism that occur within Mauritius should, in principle, be determined in accordance with Mauritian law regarding the composition of tort liability, the scope of compensation, and the statute of limitations for litigation. The direct infringer (the thug who carried out the smashing) is the first person responsible, but such personnel are often difficult to identify and have no ability to compensate. In practice, there are usually three truly actionable targets:
Firstly, the local government. Most common law and civil law countries have established the theory of "duty of police protection", which states that if the government fails to take reasonable measures to protect the personal and property safety of foreign investors despite knowing the risk of riots, it may be liable for state compensation. But the threshold for such lawsuits is extremely high, requiring proof of obvious dereliction of duty by the police, and usually requiring the exhaustion of local administrative remedies first.
Secondly, the insurance company. This is the most realistic path. Property all risk insurance and business interruption insurance purchased by Chinese enterprises when going abroad, if the clauses do not include "riots and public disturbances" as excluded liability, can usually be compensated. When dealing with such cases, the first thing that Shenzhen lawyers do is to verify the coverage and deductible agreement of the policy, and assist the company in fixing on-site evidence and reporting the case in a timely manner.
Thirdly, the host country's investment protection agreement. China and Mauritius have signed a bilateral investment protection agreement. If the riots cause substantial damage to Chinese enterprises and the host country fails to provide effective protection, the enterprises may consider initiating investment arbitration based on the agreement to claim fair and just treatment. This road has a long cycle and high cost, but it is worth evaluating for large-scale investment projects.
2、 Can it be considered a work-related injury if an employee is injured during a riot?
In the past work injury recognition practice of Shenzhen Municipal Human Resources and Social Security Bureau, there are clear rules for handling "accidental injuries suffered during overseas work". According to Article 14 of the Work Injury Insurance Regulations, if an employee suffers an accident injury due to work reasons during working hours or in the workplace, it should be recognized as a work injury; Those who are injured due to work reasons during work trips should also be recognized. Overseas employees who are injured during riots in Mauritius can generally be classified as work-related injuries as long as they can prove that the injury is related to the performance of their job duties (such as being attacked on the way to the project site or being injured while protecting company property at the site).
It should be noted that there are differences between the overseas work injury recognition and the domestic procedures. Employers should submit an application to the local social security department within 30 days from the date of the accident, and may extend the period appropriately in case of special circumstances. If the enterprise fails to pay work-related injury insurance for its dispatched employees in accordance with the law, it shall bear all work-related injury benefits on its own, including medical expenses, wages during the suspension period, disability allowances, etc. Many companies in Shenzhen adopt a dual track model of "domestic insurance+overseas commercial insurance", which is a relatively stable compliance arrangement. However, the compensation of commercial insurance cannot replace the legal obligation of work-related injury insurance.
3、 Can force majeure be claimed as the contract cannot be fulfilled due to riots?
Curfews, road closures, and port shutdowns will directly impact the fulfillment of international trade contracts and engineering contracts. The most concerning issue for the seller or contractor at this time is whether they should bear the liability for breach of contract if they cannot deliver or complete the project on time?
Article 590 of the Civil Code stipulates that if a contract cannot be fulfilled due to force majeure, the liability shall be partially or fully exempted based on the impact of the force majeure. Whether riots and curfews constitute force majeure depends on three key factors: first, they cannot be foreseen, second, they cannot be avoided, and third, they cannot be overcome. Sudden violent incidents and government curfew orders usually comply with the first two points; But if one party to the contract only claims exemption after the riots have lasted for several days, it may be deemed that they have not fulfilled their reasonable obligation to reduce damages.
In practice, there are two details that are easily overlooked. Firstly, if the contract stipulates a force majeure clause, the agreement should be given priority, including the notice period and the requirement for supporting documents (such as a force majeure certificate issued by the local chamber of commerce). Secondly, if the contract is governed by English or Mauritian law, the criteria for determining force majeure are not the same as those in the Civil Code. Under common law, the principle of "failure to achieve the purpose of the contract" is emphasized, making it more difficult to provide evidence. Shenzhen lawyers suggest that companies should clarify the applicable laws and dispute resolution methods during the signing stage, and specify specific situations such as riots, strikes, and government bans in the contract to avoid disputes afterwards.
4、 Four practical suggestions for Shenzhen enterprises and citizens
Firstly, establish an overseas security emergency ledger. Enterprises operating in Mauritius and similar high-risk countries should register a list of local employees, assets, and contracts, clarify emergency contacts, and maintain contact with the Chinese embassy or consulate in the local area. The Global Consular Protection and Service Emergency Hotline 12308 of the Ministry of Foreign Affairs is an important channel.
Secondly, fix the evidence in a timely manner. Smashing on-site photos, videos, alarm receipts, hospital diagnosis certificates, and police filing documents are all the basis for subsequent claims and compensation. Evidence formed overseas that needs to be used domestically usually requires notarization or Hague authentication procedures.
Thirdly, synchronously initiate insurance reporting and contract notification. Insurance claims have strict time limits and procedural requirements, and force majeure notices under contracts often have agreed deadlines. Delay may result in loss of rights.
Fourth, evaluate investment protection agreement remedies. For investment projects with significant losses, professional lawyers can be commissioned to evaluate the feasibility of initiating arbitration based on the bilateral investment agreement between China and Mauritius. Although the process may take a long time, it is still a fallback measure.
Guangdong Zhiming Law Firm has long served export-oriented enterprises in Shenzhen, accumulating rich practical experience in foreign-related contract disputes, overseas work-related injury identification, overseas investment compliance, and dispute resolution. Whether it's sudden overseas security incidents or daily cross-border transaction arrangements, the early intervention of professional lawyers often helps companies avoid detours in complex legal environments.
