Malaysia legislation

Section 11

of MERCHANT SHIPPING (OIL POLLUTION) (AMENDMENT) ACT 2011

Section 11

"Restriction of liability for bunker oil pollution damage under section 3A

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

Quoted provision

Section 6A

(2)

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.

(3)

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)."

Amendment of section 7