Section 13

In any proceedings instituted against the insurer by virtue of this section, the insurer may invoke the defences (other than bankruptcy or winding up of the owner) which the owner himself would have been entitled to invoke, and it shall be a defence to prove that the pollution damage resulted from the wilful misconduct of the owner himself.

The insurer may limit his liability in respect of claims made against him by virtue of this section in like manner and to the same extent as the owner of a ship may limit his liability under subsection 6(2) or 6A(2), as the case may be, even if the owner, in accordance with subsection 6(3) or 6A(3), as the case may be, is not entitled to limit his liability.

Where the owner of a ship and the insurer each applies to the

Court for the limitation of his liability any payment or any deposit of a bank guarantee or security into the Court in pursuance of either

24 Laws of Malaysia ACT 515

application shall be treated as paid or deposited also in pursuance of the other.

Government ships