Malaysia legislation

Section 24

of *MERCHANT SHIPPING (OIL POLLUTION) ACT 1994

Section 24

(a)

a Liability Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 3;

34 Laws of Malaysia ACT 515

(b)

a Fund Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 19; or

(c)

a Bunkers Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 3A, and in its application to such a judgement the said Part II shall have effect with the omission of subsections 5(2) and (3) of that Act.

(2)

In respect of paragraph (1)(b), no steps shall be taken to enforce such a judgement unless and until the Court in which it is registered under Part II of the Reciprocal Enforcement of Judgements Act 1958

gives leave to enforce it and—

(a)

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 paragraph 1 of Part II of the First Schedule or that it is to be reduced to a specified amount; and

(b)

in the latter case the judgement shall be enforceable only for the reduced amount.

(3)

For the purposes of this Act, subsection 3(2) of the Reciprocal

Enforcement of Judgements Act 1958 shall apply with the following modifications:

(a)

the reference to the Yang di-Pertuan Agong shall be construed as a reference to the Minister;

(b)

the reference to the First Schedule shall be construed as a reference to the Second Schedule to this Act; and

(c)

the High Court of the country or territory shall be deemed to be the superior court of that country or territory.

Merchant Shipping (Liability and 35

Compensation for Oil and Bunker Oil Pollution)