Malaysia legislation
Section 14
Section 14
(a)
the operation of the ship owned or operated by the foreign State; and
(b)
the carriage of cargo on board a ship owned or operated by the foreign State, if at the time the cause of action arose, the ship was used other than for government non-commercial purposes.
Act 853
(2)
A foreign State may plead all measures of defence, prescription and limitation of liability which are applicable to private ships and cargoes and their owners in the proceedings referred to in subsection (1).
(3)
Notwithstanding subsection (1), the immunity of the foreign State shall not be affected if, for the time being, the disputed ship or cargo, as the case may be, is—
(a)
a warship or naval auxiliaries used only for government non-commercial service;
(b)
a ship owned or operated by a foreign State and used only for government non-commercial service; or
(c)
a cargo carried on board the ships referred to in paragraph (a), or a cargo owned by the foreign State and used or intended for use exclusively for government non-commercial purposes.
(4)
If in a proceedings there arises a question relating to the government non-commercial character of a ship owned or operated by a foreign State or cargo owned by a foreign State, a certificate signed by a diplomatic representative or other competent authority of that foreign State and submitted to the court shall serve as evidence of the character of that ship or cargo.
Restriction of immunity in proceedings relating to recovery of tax