Malaysia legislation

Section 28

of *MERCHANT SHIPPING (OIL POLLUTION) ACT 1994

Section 28

Where an offence under this Act or any regulations made thereunder

Merchant Shipping (Liability and 37

Compensation for Oil and Bunker Oil Pollution)

has been committed by a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in such capacity shall, as well as such body corporate, be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.