Malaysia legislation
Section 72
Section 72
Limitation of Commission’s liability in certain cases of loss of or damage to goods
The Commission shall not be liable to make good to any extent whatever any loss or damage happening without its actual fault or privity in the following cases:
(a)
where any vehicle, animal, goods or other things whatsoever taken in or put on board any of its ships are lost or damaged by reason of fire on board such a ship; or
(b)
where any gold, silver, diamonds, watches, jewels or precious stones taken in or put on board any of its ships, the true nature and value of which have not been prior to the time of shipment declared in writing to the
Commission, are lost or damaged by reason of any robbery, theft, breach of trust, conversion making away with or secreting thereof.
Limitation of Commission’s liability in certain cases of loss of life or injury or damage 73.
The Commission shall not, where all or any of the following occurrences take place without its actual fault or privity:
(a)
where any loss of life or personal injury is caused to any person being carried in any of its ships;
(b)
where any damage or loss is caused to any vehicles, animals, goods or other things whatsoever on board any of its ships;
(c)
where any loss of life or personal injury is caused to any person carried in any other vessel, by reason of the improper navigation of any of its ships;
(d)
where any loss or damage is caused to any other vessel, or to any vehicles, animals, goods or other things whatsoever on board any other vessel, by reason of the improper navigation of any of its ships; or
(e)
where any loss or damage is caused to property or rights of any kind, whether on land or on water or whether fixed or movable, by reason of the improper navigation or management of any of its ships,
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be liable to damage beyond the following amounts:
(i)
in respect of loss of life or personal injury, either alone or together with loss of or damage to vessels, vehicles, animals, goods or other things, an aggregate amount not exceeding in the currency of Malaysia the equivalent of fifteen pounds sterling for each ton of its ship’s tonnage; and
(ii)
in respect of loss of or damage to vessels, vehicles, animals, goods or other things, whether there is in addition loss of life or personal injury or not, an aggregate amount not exceeding in the currency of
Malaysia the equivalent of eight pounds sterling for each ton of its ship’s tonnage.
Limitation of Commission’s liability in other cases