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MERCHANT SHIPPING (AMENDMENT AND EXTENSION) ACT 2011 is Malaysia Amendment Act, cited as Amendment Act A1393 2011, currently marked in force and first recorded in 2011.
Opening note
Subject to subsection (3), this Act comes into operation on a date to be appointed by the Minister by notification in the
Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
This Act comes into operation in the States of Sabah and
Sarawak on such date as the Minister may, after consultation with the State authorities, appoint by notification in the Gazette.
Amendment of section 300
The Merchant Shipping Ordinance 1952 [Ordinance No. 70/1952], which is referred to as the “Ordinance” in this Act, is amended by deleting subsection 300(3).
Amendment of section 306c
by substituting for the definition of “discharge” the following definition:
‘ “discharge” means any release of oil or harmful substances, howsoever caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying, but does not include—
dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters, done at London on 13 November 1972, or dumping with the consent of the Director of Marine;
release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral sources;
or
release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;’;
by inserting after the definition of “discharge” the following definition:
‘ “emission” means any release of harmful substances from ships into the atmosphere or sea;’; and
by substituting for the definition of “harmful substance”
the following definition:
‘ “harmful substance” means any substance which—
if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea; or
if introduced into the atmosphere, will adversely affect human health or the environment, or significantly deplete and otherwise modify the ozone layer.’.
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Amendment of sections 306b, 306ca, 306d, 306g, 306i, 306j,
306ja and 306q
The Ordinance is amended—
in paragraphs 306b(1)(c) and (d), and subsections 306d(6)
and 306j(1), by inserting after the words “Malaysian waters” wherever appearing the words “or the exclusive economic zone”;
in subsections 306ca(1), 306d(1), 306i(1) and 306ja(1)
and paragraph 306i(3)(d), by inserting after the words
“Malaysian waters,” wherever appearing the words “the exclusive economic zone, the atmosphere,”;
by inserting after the words “Malaysian waters,”
the words “the exclusive economic zone, the atmosphere,”; and
by inserting after the words “any such waters,”
the words “zone, atmosphere,”; and
in subsection 306q(2), by substituting for the words “or
Malaysian waters” the words “, or Malaysian waters or the exclusive economic zone”.
Substitution of Part IX
The Ordinance is amended by substituting for Part IX the following part:
“Part IX
LIABILITY OF OWNERS AND OTHERS
AND COMPULSORY INSURANCE
Liability of owners and others in respect of maritime claims
Application.
Quoted provision
This Part shall apply to every Malaysian ship, and to every ship when in Malaysian waters and the exclusive economic zone.
Interpretation.
Quoted provision
In this Part, unless the context otherwise requires—
“limitation of liability” means limitation of the aggregate amount of liability of any one or more persons in accordance with this Part;
“Malaysian waters” means the territorial waters of Malaysia as determined in accordance with the
Emergency (Essential Powers) Ordinance No. 7 1969
[P.U. (A) 307a/1969];
“owner”, in relation to a ship, means—
every person who owns the ship or has any interest in the ownership of the ship;
in any case where the owner or charterer is not responsible for the navigation and management of the ship, every person who is responsible for the navigation and management of the ship;
“salvage” includes all expenses properly incurred by the salvor in the performance of the salvage services;
“salvor”, in relation to a ship, means every person rendering services directly connected with salvage operations carried out in relation to that ship.
Limitation of liability of owners, salvors, etc., for maritime claims.
Quoted provision
Part II of the Sixteenth Schedule shall have effect in connection with the Convention and subsection (1)
shall have effect subject to the provisions of that
Part.
Merchant Shipping (Amendment and Extension)
If it appears to the Minister that the Government has agreed to any revision or amendment of the
Convention, the Minister may by order published in the Gazette make such modifications to Parts I and II of the Sixteenth Schedule.
Without prejudice to subsection (3), the Minister may by order published in the Gazette make such amendments to Parts I and II of the Sixteenth Schedule as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with Article 8 of the
Protocol of 1996.
For the purposes of subsection (4), a “relevant limit” means any of the limits for the time being specified in—
No revision or amendment made by virtue of subsection (3) or (4) shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the revision or amendment comes into operation.
Notwithstanding the provisions of Articles 6
and 7 of Part I of the Sixteenth Schedule, the Minister may by order published in the Gazette provide specific provisions on the limitation of liability to ships which are intended for navigation on inland waterways and ships of less than 300 tons.
Compulsory insurance or other financial security.
Quoted provision
This section shall not apply to—
the right of innocent passage; or
the right of transit passage through straits used for international navigation;
any ship for the time being used by the government of any State for purposes other than commercial purposes.
If a ship enters or leaves, or attempts to enter or leave, a port in Malaysia or any part of Malaysian waters or the exclusive economic zone in contravention of subsection (1), the master or the owner of the ship shall be guilty of an offence and shall be liable on conviction to a fine of not less than two hundred thousand ringgit and not more than five hundred thousand ringgit.
If a ship attempts to leave a port in Malaysia or any part of Malaysian waters or the exclusive economic zone in contravention of this section, the ship may be detained.
Any contract of insurance or other financial security required by this section to be in force in respect of a ship shall be carried in the ship, and shall on demand be produced by the master to the Director of Marine or any person authorized in writing by the
Director of Marine.
If a ship fails to carry, or the master of the ship fails to produce, a contract of insurance or other financial security as required by subsection (5), the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine of not less than twenty thousand ringgit and not more than one hundred thousand ringgit.
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Release of ships, etc.
Quoted provision
Where the Court has found that a person who has incurred a liability under this Part is entitled to limit that liability under this Part and he has paid a sum or deposited a bank guarantee or security into the Court for a sum of not less than that amount—
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
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.
Proof of passengers on board ship.
Quoted provision
In any proceedings under this Part against the owner of a ship with respect to loss of life, the passengers lists under Part IV of this Ordinance shall be received as evidence that the person upon whose death proceedings are taken under this Part was a passenger on board the ship at the time of death.
Exclusion of application.
Quoted provision
The Minister may, by order published in the
the application of Article 2, paragraphs 1(d)
and (e) of Part I of the Sixteenth Schedule;
and
claims for damage within the meaning of the
International Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances by Sea, 1996 or of any amendment or protocol thereto.
Priority of claims.
Quoted provision
Gazette, pursuant to Article 18 of the Convention exclude—
Without prejudice to the right of claims for loss of life or personal injury in accordance with Article 6, paragraph 2 of Part I of the Sixteenth Schedule, the
Minister may, by order published in the Gazette, provide for claims in respect of damage to harbour works, basins, waterways and aids to navigation to have priority over other claims under Article 6, paragraph 1(b) of Part I of that Schedule.
Compulsory insurance or financial security for master and seamen
Compulsory insurance or financial security for master and seamen.
Quoted provision
If the owner of a Malaysian ship fails to comply with subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.”.
Amendment of section 366
Section 366 of the Ordinance is amended by inserting before the definition of “receiver” the following definition:
‘ “owner” means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship at the time of casualty, except that in relation to a ship owned by a State and operated by a company which in that
State is registered as the operator of the ship, “owner” shall mean such company.’.
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Substitution of section 381
The Ordinance is amended by substituting for section 381 the following section:
“Removal of wreck.
Quoted provision
Notwithstanding subsection (1), the owner shall furnish financial security in such amount as determined by the receiver for the purpose of ensuring the performance of all actions which the owner undertakes in pursuance of subsection (1).
If the owner fails to comply with subsection (1), the receiver may—
take possession of, and raise, remove or destroy, the whole or any part of the wreck;
sell, in such manner as he thinks fit, the whole or any part of the wreck so raised or removed and also any other property recovered in the exercise of his powers under this section, and out of the proceeds of the sale—
reimburse himself for the expenses incurred by him in relation thereto under this section; and
shall hold the surplus, if any, of the proceeds in trust for the persons entitled thereto; or
Apart from the proceeds of any sale carried out by the receiver pursuant to subsection (3), the receiver may also resort to the financial security furnished under subsection (2) to reimburse himself, and if the proceeds of the sale together with any security are insufficient to cover the costs incurred by the receiver when acting under subsection (3), he may recover the difference from the owner of the ship concerned.
Any person who contravenes subsection (1) or (2)
shall be guilty of an offence and shall be liable on conviction to a fine of not less than five hundred thousand ringgit and not more than one million ringgit.”.
New section 381a
The Ordinance is amended by inserting after section 381 the following section:
“Compulsory insurance for removal of wreck.
Quoted provision
This section shall not apply to—
any ship for the time being used by the government of any State for purposes other than commercial purposes.
If a ship enters or leaves, or attempts to enter or leave, a port in Malaysia or any part of Malaysian waters in contravention of subsection (1), the owner of the ship shall be guilty of an offence and shall be liable on conviction to a fine of not less than two hundred thousand ringgit and not more than five hundred thousand ringgit.
Merchant Shipping (Amendment and Extension)
If a ship attempts to leave a port in Malaysia or any part of Malaysian waters in contravention of this section, the ship may be detained.
Any contract of insurance or other financial security required by this section to be in force in respect of a ship shall, be carried in the ship, and shall on demand be produced by the master to the Director of Marine or any person authorized in writing by the
Director of Marine.
If a ship fails to carry, or the master of the ship fails to produce, a contract of insurance or other financial security as required by subsection (5), the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine of not less than twenty thousand ringgit and not more than one hundred thousand ringgit.”.
Amendment of section 405
Section 405 of the Ordinance is amended by substituting for the words “five hundred dollars” the words “fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both”.
Amendment of section 423
Subsection 423(2) of the Ordinance is amended by substituting for the word “fifty” the words “five thousand”.
Amendment of section 425
Subsection 425(3) of the Ordinance is amended by substituting for the words “one hundred” the words “five thousand”.
Amendment of section 426
Section 426 of the Ordinance is amended by substituting for the words “five hundred” the words “five thousand”.
Amendment of section 452
Section 452 of the Ordinance is amended by substituting for the word “fifty” the words “five thousand”.
Amendment of section 455
Subsection 455(2) of the Ordinance is amended by substituting for the words “five hundred” the words “fifty thousand”.
Amendment of section 458
Subsection 458(3) of the Ordinance is amended by substituting for the words “two hundred and fifty” the words “fifty thousand”.
Amendment of section 460
Subsection 460(2) of the Ordinance is amended by substituting for the words “one hundred” the words “fifty thousand”.
Amendment of section 462
Subsection 462(2) of the Ordinance is amended by substituting for the words “one hundred” the words “five thousand”.
Amendment of section 465
Subsection 465(1) of the Ordinance is amended by substituting for the words “two hundred and fifty” the words
“ten thousand”.
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Amendment of section 469
Section 469 of the Ordinance is amended by substituting for the word “fifty” the words “five thousand”.
Amendment of section 470
Section 470 of the Ordinance is amended by substituting for the words “one hundred” the words “five thousand”.
Amendment of section 471
Section 471 of the Ordinance is amended by substituting for the words “one hundred” the words “five thousand”.
Amendment of section 474
Subsection 474(2) of the Ordinance is amended by substituting for the word “one” the word “ten”.
Amendment of section 483b
Subsection 483b(2) of the Ordinance is amended by substituting for the word “one” the word “ten”.
Amendment of section 484
Section 484 of the Ordinance is amended by substituting for the word “one” the word “ten”.
Amendment of section 486
Subsection 486(2) of the Ordinance is amended by substituting for the words “one hundred” the words “five thousand”.
Amendment of section 487
Section 487 of the Ordinance is amended by substituting for the words “one hundred” the words “five thousand”.
Amendment of section 491c
Subsection 491c(1) of the Ordinance is amended by deleting the words “, with a warrant”.
Substitution of section 493
The Ordinance is amended by substituting for section 493
the following section:
“Power to prosecute offences.
Quoted provision
No prosecution for an offence under this Ordinance or any subsidiary legislation made thereunder shall be instituted except with the consent in writing of the
Public Prosecutor.”.
Deletion of subheading in Part XIV
Part XIV of the The Ordinance is amended by deleting the subheading “Limitation of Time for Proceedings.” appearing after section 496 but before section 497.
Deletion of section 497
The Ordinance is amended by deleting section 497.
Amendment of section 512a
Subsection 512a(1) of the Ordinance is amended by substituting for the words “in a case where he deems fit and proper to do so” the words “with the consent in writing of the
Public Prosecutor”.
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Substitution of section 516
The Ordinance is amended by substituting for section 516
the following section:
“Interpretation of owners.
Quoted provision
For the purposes of sections 513 to 515, unless the context otherwise requires, “owner” means—
every person who owns the ship or has any interest in the ownership of the ship;
in any case where the owner or charterer is not responsible for navigation and management of the ship, every person who is responsible for the navigation and management of the ship.”.
New Sixteenth Schedule
The Ordinance is amended by inserting after the Fifteenth
Schedule the following schedule:
“Sixteenth Schedule
[section 360]
CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME
CLAIMS 1976
Part I
Chapter I
Persons entitled to limit liability
Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in
Article 2.
The term “shipowner” shall mean the owner, charterer, manager and operator of a seagoing ship.
Salvor shall mean any person rendering services in direct connection with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraphs 1(d), (e) and (f).
If any claims set out in Article 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.
In this Convention the liability of a shipowner shall include liability in an action brought against the vessel itself.
An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.
The act of invoking limitation of liability shall not constitute an admission of liability.
Article 2
Claims subject to limitation
Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:
claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations;
claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;
claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;
claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.
Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise.
However, claims set out under paragraphs 1(d), (e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.
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Article 3
Claims excepted from limitation
The rules of this Convention shall not apply to—
claims for salvage, including, if applicable, any claim for special compensation under Article 14 of the International Convention on
Salvage 1989, as amended, or contribution in general average;
claims for oil pollution damage within the meaning of the International
Convention on Civil Liability for Oil Pollution Damage, dated 29th November 1969 or of any amendment or Protocol thereto which is in force;
claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;
claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.
Article 4
Contract barring limitation
A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.
Article 5
Counterclaims
Where a person entitled to limitation of liability under the rules of this
Convention has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.
Chapter II
The general limits
The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows:
2 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
for each ton from 2,001 to 30,000 tons, 800 Units of
Account;
for each ton from 30,001 to 70,000 tons, 600 Units of
Account; and for each ton in excess of 70,000 tons, 400 Units of
Account,
1 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
for each ton from 2,001 to 30,000 tons, 400 Units of
Account;
for each ton from 30,001 to 70,000 tons, 300 Units of
Account; and for each ton in excess of 70,000 tons, 200 Units of
Account.
Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).
The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.
For the purpose of this Convention the ship’s tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex 1 of the International Convention on Tonnage Measurement of Ships,
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Article 7
The limit for passenger claims
In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 175,000 Units of Account multiplied by the number of passengers which the ship is authorized to carry according to the ship’s certificate.
For the purpose of this Article “claims for loss of life or personal injury to passengers of a ship” shall mean any such claims brought by or on behalf of any person carried in that ship:
who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.
Article 8
Unit of Account
The Unit of Account referred to in Articles 6 and 7 is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in Articles 6 and 7 shall be converted into the national currency of the State in which limitation is sought, according to the value of that currency at the date the limitation fund shall have been constituted, payment is made, or security is given which under the law of that State is equivalent to such payment.
Article 9
Aggregation of claims
The limits of liability determined in accordance with Article 6 shall apply to the aggregate of all claims which arise on any distinct occasion:
against the person or persons mentioned in paragraph 2 of Article 1
and any person for whose act, neglect or default he or they are responsible; or
against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible;
or
against the salvor or salvors who are operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.
The limits of liability determined in accordance with Article 7 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2 of Article 1
in respect of the ship referred to in Article 7 and any person for whose act, neglect or default he or they are responsible.
Article 10
Limitation of liability without constitution of a limitation fund
Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted.
If limitation of liability is invoked without the constitution of a limitation fund, the provisions of Article 12 shall apply correspondingly.
Questions of procedure arising under the rules of this Article shall be decided in accordance with the national law of the State Party in which action is brought.
Chapter III
Constitution of the fund
Any person alleged to be liable may constitute a fund with the Court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.
A fund may be constituted, either by depositing the sum, or by producing a guarantee acceptable under the legislation of the State Party where the fund is constituted and considered to be adequate by the Court or other competent authority.
A fund constituted by one of the persons mentioned in paragraph 1(a), (b)
or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2, respectively.
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Article 12
Distribution of the fund
Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article 7, the fund shall be distributed among the claimants in proportion to their established claims against the fund.
If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.
The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable national law.
Where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund.
Article 13
Bar to other actions
Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted.
After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted:
at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or
at the port of disembarkation in respect of claims for loss of life or personal injury; or
The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.
Article 14
Governing law
Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a limitation fund, and all rules of procedure in connection therewith, shall be governed by the law of the State Party in which the fund is constituted.
Chapter IV
This Convention shall apply whenever any person referred to in Article 1
seeks to limit his liability before the Court of a State Party or seeks to procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State.
This Convention shall not apply to:
floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof.
Part II
CONVENTION
Interpretation
In this Part any reference to a numbered article is a reference to the article of the Convention which is so numbered.
Right to limit liability
The right to limit liability under the Convention shall apply in relation to any ship whether seagoing or not, and the definition of “shipowner” in paragraph 2 of Article 1 shall be construed accordingly.
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Limit for passenger claims
In Article 7, paragraph 2 of the reference to claims brought on behalf of a person includes a reference to any claim in respect of the death of a person under any written law in Malaysia.
Units of Account
if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.
A certificate given by or on behalf of the Minister of Finance stating—
that a particular sum in Ringgit Malaysia has been fixed as mentioned in subparagraph (1) for a particular date; or
that no sum has been so fixed for that date and that a particular sum in Ringgit Malaysia has been so fixed for a date which is the last preceding date for which a sum has been so fixed, shall be conclusive evidence of those matters for the purposes of those Articles;
and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Constitution of fund
Monetary Fund has fixed as being the equivalent of one special drawing right for—
Where a fund is constituted with the court in accordance with Article 11
for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted.
Distribution of fund
No lien or other right in respect of any ship or property shall affect the proportions in which under Article 12 the fund is distributed among several claimants.
Bar to other actions
Where the release of a ship or other property is ordered under Article 13, paragraph 2 the person on whose application it is ordered to be released shall be deemed to have submitted to the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached.
Meaning of “court”
References in the Convention and the preceding provisions of this Part to the court are references to the High Court.
Meaning of “ship”
References in the Convention and in the preceding provisions of this Part of this Schedule to a ship include references to any structure (whether completed or in course of completion) launched and intended for use in navigation as a ship or part of a ship.
Meaning of “State Party”
An order made by the Minister for the purposes of this paragraph and declaring that any State specified in the order is a party to the Convention shall, subject to the provisions of any subsequent order made for those purposes, be conclusive evidence that the State is a party to the Convention.”.
Extension of Parts III, IV, VI, VIII, IX and X of the Ordinance to Sabah and Sarawak
Such of the definitions in section 2 of the Ordinance as are necessary to give effect to the extended provisions of the
Ordinance shall apply to those extended provisions.
Merchant Shipping (Amendment and Extension)
Where references are made in the extended provisions of the
Ordinance to other provisions in the Ordinance, such provisions of the Ordinance shall apply to those extended provisions to such extent as may be necessary to give effect to the extended provisions of the Ordinance.
Repeal of provisions in written laws of Sabah and Sarawak corresponding to the provisions of Parts III, IV, VI, VIII, IX and X of the Ordinance
Any reference to Part III of the said Regulations shall be construed as a reference to Part IX of the Ordinance.
The provisions of any written law corresponding to the provisions of Parts III, IV, VI, VIII, IX and X of the Ordinance and in force in the State of Sabah or Sarawak immediately before the date or dates appointed in subsection 1(3) shall, upon the dates or dates so appointed, be repealed.
Provisions of Parts III, IV, VI, VIII, IX and X of the Ordinance to prevail over inconsistent or contrary written law
The provisions of Parts III, IV, VI, VIII, IX and X of the
Ordinance shall prevail notwithstanding anything inconsistent with or contrary to those provisions in any other written law.
KUALA LUMPUR