MERCHANT SHIPPING ORDINANCE 1952

ORD 70/1952

SECTION 360

360 Limitation of liability of owners, salvors, etc., for maritime claims

(1) The Convention on Limitation of Liability for Maritime Claims 1976 as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976 (referred to as the “Protocol of 1996”), and as set out in Part I of the Sixteenth Schedule (referred to in this Part and Part II of that Schedule as “the Convention”), shall have the force of law in Malaysia.

(2) Part II of the Sixteenth Schedule shall have effect in connection with the Convention and subsection (1) shall have effect subject to the provisions of that Part.

(3) If it appears to the Minister that the Government has agreed to any revision or amendment of the Convention, the Minister may by order published in the Gazette make such modifications to Parts I and II of the Sixteenth Schedule.

(4) Without prejudice to subsection (3), the Minister may by order published in the Gazette make such amendments to Parts I and II of the Sixteenth Schedule as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with Article 8 of the Protocol of 1996.

(5) For the purposes of subsection (4), a “relevant limit” means any of the limits for the time being specified in-

(a) Article 6, paragraph 1 of Part I of the Sixteenth Schedule; and (b) Article 7, paragraph 1 of Part I of the Sixteenth Schedule.

(6) No revision or amendment made by virtue of subsection (3) or (4) shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the revision or amendment comes into operation.

(7) Notwithstanding the provisions of Articles 6 and 7 of Part I of the Sixteenth Schedule, the Minister may by order published in the Gazette provide specific provisions on the limitation of liability to ships which are intended for navigation on inland waterways and ships of less than 300 tons.