Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part IV · Jurisdiction and Effect of Judgements
24. Enforcement of judgements
Official textFrom Laws of Malaysia Online, unchanged
Subject to subsection (3), Part II of the Reciprocal
Enforcement of Judgements Act 1958 [Act 99] shall apply to any judgement given by a Court in—
Court
“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
a Liability Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 3;
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a Fund Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 19; or
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.
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—
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
in the latter case the judgement shall be enforceable only for the reduced amount.
For the purposes of this Act, subsection 3(2) of the Reciprocal
Enforcement of Judgements Act 1958 shall apply with the following modifications:
the reference to the Yang di-Pertuan Agong shall be construed as a reference to the Minister;
the reference to the First Schedule shall be construed as a reference to the Second Schedule to this Act; and
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)
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;
Liability Convention country
Defined · s 2“Liability Convention country” means a country in respect of which the Liability Convention is in force;
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for merchant shipping;
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;
the Fund
Defined · s 15“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;