Malaysia legislation
Section 19
Section 19
(a)
because liability under that section is wholly exonerated by section 4;
(b)
because the owner of a ship liable for the pollution damage cannot meet his obligations in full or any insurance or other financial security provided under section 11 is insufficient to satisfy the claims; or
(c)
because the pollution damage exceeds the liability under section 3 as limited by section 6.
(2)
For the purposes of this section the owner of a ship is to be treated as incapable of meeting his obligations if the obligations have not been met after all reasonable steps have been taken to pursue the legal remedies available.
(3)
Expenses reasonably incurred or sacrifices reasonably made by the owner of a ship voluntarily to prevent or minimize pollution damage shall be treated as pollution damage for the purpose of this section, and accordingly he shall be in the same position with respect to claims against the Fund under this section as if he had a claim in respect of liability under section 3.
(4)
The Fund shall not incur an obligation under this section if—
(a)
it proved that the pollution damage—
(i)
resulted from an act of war, hostilities, civil war or insurrection; or
30 Laws of Malaysia ACT 515
(ii)
was caused by oil which has been discharged or has escaped from a warship or other ship owned or operated by a State and used, at the time of the incident, only on government non-commercial service; or
(b)
the claimant cannot prove that the pollution damage resulted from an incident involving one or more ships.
(5)
If it is proved that the pollution damage resulted wholly or partly—
(a)
from an act or omission done with intent to cause damage by the person who suffered the damage; or
(b)
from the negligence of that person, the Fund may be exonerated wholly or partly from its obligation to pay compensation to that person:
Provided that this subsection shall not apply to a claim in respect of expenses or sacrifices made voluntarily to prevent or minimize pollution damage.
(6)
The Fund’s liability under this section shall be subject to the limits as set out in Part II of the First Schedule.
(7)
Notwithstanding any other written law evidence of any instrument issued by any organ of the Fund or of any document in the custody of the Fund, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of the Fund; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate.
(8)
For the purpose of giving effect to the provisions of paragraphs 1, 2, 3, 6, 7 and 8 of Article 4 of the Fund Convention and Part II of the First Schedule, as the may case may be, a Court giving judgement
Merchant Shipping (Liability and 31
Compensation for Oil and Bunker Oil Pollution)
against the Fund in proceedings under this section shall notify the
Fund, and—
(a)
no steps shall be taken to enforce the judgement unless and until the Court gives leave to enforce it;
(b)
that leave shall not be given unless and until the Fund notifies the Court either that the amount of the claim is not to be reduced under the said provision of Article 4 or Part II of the First Schedule;
(c)
in the latter case the judgement shall be enforceable only for the reduced amount.