Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part IV · Jurisdiction and Effect of Judgements
23. Jurisdiction and effect of judgements
Official textFrom Laws of Malaysia Online, unchanged
The jurisdiction of the High Court in relation to matters of admiralty under paragraph 24(b) of the Courts of Judicature Act 1964
Court
“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
[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.
the Fund
“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
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
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;
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—
preventive measures
“preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage;
Merchant Shipping (Liability and 33
Compensation for Oil and Bunker Oil Pollution)
bunker oil
“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;
any pollution damage caused in any area of another Liability
Convention country or Bunkers Convention country resulting from the discharge or escape;
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
any damage caused by preventive measures so taken.
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.
guarantor
“guarantor” means any person providing insurance or other financial security to cover an owner’s liability of the kind described in section 11;
Where a person incurs a liability under the law of a Fund
person
“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
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.
Terms defined in this Act
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 country
Defined · s 2“Bunkers Convention country” means a country in respect of which the Bunkers Convention is in force;
Court
Defined · s 2“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
Fund Convention country
Defined · s 15“Fund Convention country” means a country in respect of which the Fund Convention is in force;
guarantor
Defined · s 15“guarantor” means any person providing insurance or other financial security to cover an owner’s liability of the kind described in section 11;
Liability Convention country
Defined · s 2“Liability Convention country” means a country in respect of which the Liability Convention is in force;
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;
person
Defined · s 2“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
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;
preventive measures
Defined · s 2“preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage;
the Fund
Defined · s 15“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;