Malaysia legislation

Section 13

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

Section 13

The principal Act is amended by substituting for section 8 the following section:

Quoted provision

Section 8

Where the Court has found that a person who has incurred a liability—

(a)

under section 3, is entitled to limit that liability under section 6; or

(b)

under section $ 3{\mathrm{A}} $ , is entitled to limit that liability under section $ 6{\mathrm{A}} $

and he has paid a sum or deposited a bank guarantee or security into the Court for a sum not less than that amount—

(aa) the Court shall order the release of any ship or other property arrested in connection with the claim in respect of that liability or any bail or other security given to avoid such arrest; and

(bb) no judgement or order in respect of any such claim shall be enforced, except so far as it is for costs, if the claimant has access to the Court and if the payment or the bank guarantee or security or such part thereof as corresponds to the claim will be actually available to the claimant, or would have been available to him, if the proper steps in the proceedings under section 7 had been taken.".

Amendment of section 9