Section 37
of Bintulu Port Authority Act 1981
Section 37
(1)
The Authority and any person authorized by it shall, in respect of any other than transhipment goods deposited with or placed in the custody or control of the Authority for the purpose of delivery, be deemed to be the agent of the owner of the vessel discharging goods irrespective of whosoever pays or is to pay any charges or duties in respect of the goods.
(2)
Neither the Authority nor any person authorized by it shall, in acting as an agent under subsection (1), be liable—
(a)
either in damages or in any other respect for loss caused to a person by reason of short delivery of any goods deposited or placed in the custody or control of the
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Authority or any failure by the Authority to deliver or account for the same; or
(b)
for damage to, or destruction of, such goods in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have prior to delivery to the Authority been declared in writing to the Authority by the person delivering or causing the same to be delivered, and the Authority shall not in any event be liable therefor where the value of any such goods has been misstated or where there prevails any of the circumstances set out in section 39.
(3)
For the purposes of this section and of section 38, the expression “transhipment goods” means goods landed from a vessel and placed in the custody of the Authority for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of such goods and showing that the destination is via the Port, with the ultimate port of destination marked on each package or unit containing such goods and declared on a transshipment manifest lodged with the Authority prior to or at the time such goods are placed in its custody.