Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
14. Government ships
Official textFrom Laws of Malaysia Online, unchanged
This Act shall not apply to warships or other ships owned or operated by a State and used, for the time being, only on government non-commercial service.
In relation to a ship owned by a State and for the time being used for commercial purposes—
it shall be sufficient compliance with subsection 11(2) if there is in force a certificate issued by the appropriate authority of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article 1 of the Liability Convention will be met up to the limit prescribed by Article V of that Convention; or
it shall be sufficient compliance with subsection 11A(2) if there is in force a certificate issued by the appropriate authority of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article 1 of the Bunkers Convention will be met up to the limits set out in Chapter II of the Convention on
Limitation of Liability for Maritime Claims 1976 as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976, and as set out in the Sixteenth Schedule of the Merchant Shipping
Ordinance 1952.
Every State which is a party to the Liability Convention or
Liability Convention
“Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage signed in London on 27 November 1992;
Bunkers Convention shall, for the purposes of any proceedings instituted in a Court in Malaysia to enforce a claim in respect of a liability incurred under section 3 or 3A, respectively, be deemed to have submitted to the jurisdiction of that Court, but nothing in this subsection shall authorize the issue of execution against the property of any State.
Bunkers Convention
“Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 signed in London on 23 March 2001;
Merchant Shipping (Liability and 25
Compensation for Oil and Bunker Oil Pollution)
oil
“oil”, except in Part III, means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship;
Terms defined in s 2
bunker oil
Defined · s 2“bunker oil” means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;
Bunkers Convention
Defined · s 2“Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 signed in London on 23 March 2001;
Court
Defined · s 2“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
Liability Convention
Defined · s 2“Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage signed in London on 27 November 1992;
oil
Defined · s 2“oil”, except in Part III, means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of such a ship;
pollution damage
Defined · s 2“pollution damage” means— (a) loss or damage caused outside a ship by contamination resulting from the discharge or escape of oil or bunker oil from the ship, wherever such discharge or escape may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs and reasonable measures of reinstatement actually undertaken or to be undertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures;
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI