Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part II · Civil Liability for Oil and Bunker Oil Pollution
8. Restriction on enforcement of claims after establishment of limitation fund
Official textFrom Laws of Malaysia Online, unchanged
Where the Court has found that a person who has incurred a liability—
Court
“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
under section 3, is entitled to limit that liability under section 6; or
under section 3A, is entitled to limit that liability under section 6A, and he has paid a sum or deposited a bank guarantee or security into the Court for a sum not less than that amount—
the Court shall order the release of any ship or other property arrested in connection with the claim in respect of that liability or any bail or other security given to avoid such arrest; and
no judgement or order in respect of any such claim shall be enforced, except so far as it is for costs, if the claimant has access to the Court and if the payment or the bank guarantee or security or such part thereof as corresponds to the claim will be actually available to the claimant, or would have been available to him, if the proper steps in the proceedings under section 7 had been taken.
Merchant Shipping (Liability and 19
Compensation for Oil and Bunker Oil Pollution)
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;
Terms defined in s 2
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;
Court
Defined · s 2“Court” means the High Court in Malaya and the High Court in Sabah and Sarawak, as the case may be;
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;
Part III
The International Oil Pollution Compensation Fund
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI