11. New section 6A

The principal Act is amended by inserting after section 6 the following section:

Where the owner of a ship incurs a liability under section 3A in respect of any one incident, the provision relating to the limitation of liability of the owner of the ship in certain cases of loss or damage under any other written law relating to merchant shipping shall not apply to that liability.

The owner of a ship who incurs a liability under section 3A may limit his liability in accordance with 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, as set out in the Sixteenth Schedule of the Merchant Shipping Ordinance 1952.

If it is proved that the pollution damage resulted from an act or omission of the owner of the ship, committed with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result, he shall not be entitled to limit his liability under subsection (2)."