Merchant Shipping (Oil Pollution) Act 1994 · s 23

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23.
Jurisdiction and effect of judgements
(1) The jurisdiction of the High Court in relation to matters of admiralty under paragraph 24(b) of the Courts of Judicature Act 1964
[Act 91] shall extend to any claim in respect of a liability incurred under this Act, including a liability falling on the Fund under Part III.
(2)  Where any oil or bunker oil is discharged or escapes from a ship but does not result in any pollution damage in any area of
Malaysia and no preventive measures are reasonably taken to prevent or minimize such damage in that area, no Court in Malaysia shall consider an action (whether in rem or in personam) to enforce a claim arising from—

Merchant Shipping (Liability and                            33
Compensation for Oil and Bunker Oil Pollution)
(a) any pollution damage caused in any area of another Liability
Convention country or Bunkers Convention country resulting from the discharge or escape;
(b) any expenses incurred in taking preventive measures to prevent or minimize such damage in any area of another
Liability Convention country or Bunkers Convention country; or
(c) any damage caused by preventive measures so taken.
(3)  Where the Fund has been given notice of proceedings instituted against the owner of a ship or his guarantor in respect of liability under section 3, any judgement given in the proceedings shall, after it has become final and enforceable, become binding upon the Fund in the sense that the facts and findings in the judgement may not be disputed by the Fund even if the Fund has not intervened in the proceedings.
(4) Where a person incurs a liability under the law of a Fund
Convention country corresponding to Part II for damage which is partly in any area of Malaysia subsection (3) shall, for the purpose of proceedings under Part III, apply with any necessary modifications to a judgement in proceedings under that law of the said country.

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s 23Jurisdiction and effect of judgements

(1)

The jurisdiction of the High Court in relation to matters of admiralty under paragraph 24(b) of the Courts of Judicature Act 1964

[Act 91] shall extend to any claim in respect of a liability incurred under this Act, including a liability falling on the Fund under Part III.

(2)

Where any oil or bunker oil is discharged or escapes from a ship but does not result in any pollution damage in any area of

Malaysia and no preventive measures are reasonably taken to prevent or minimize such damage in that area, no Court in Malaysia shall consider an action (whether in rem or in personam) to enforce a claim arising from—

Merchant Shipping (Liability and 33

Compensation for Oil and Bunker Oil Pollution)

(a)

any pollution damage caused in any area of another Liability

Convention country or Bunkers Convention country resulting from the discharge or escape;

(b)

any expenses incurred in taking preventive measures to prevent or minimize such damage in any area of another

Liability Convention country or Bunkers Convention country; or

(c)

any damage caused by preventive measures so taken.

(3)

Where the Fund has been given notice of proceedings instituted against the owner of a ship or his guarantor in respect of liability under section 3, any judgement given in the proceedings shall, after it has become final and enforceable, become binding upon the Fund in the sense that the facts and findings in the judgement may not be disputed by the Fund even if the Fund has not intervened in the proceedings.

(4)

Where a person incurs a liability under the law of a Fund

Convention country corresponding to Part II for damage which is partly in any area of Malaysia subsection (3) shall, for the purpose of proceedings under Part III, apply with any necessary modifications to a judgement in proceedings under that law of the said country.