Penang Port Commission Act 1955 · Updated to 1 Jan 2006 · Part VI · Limitation of Liability
73. Limitation of Commission’s liability in certain cases of loss of life or injury or damage
Feedback & supportThe Commission shall not, where all or any of the following occurrences take place without its actual fault or privity:
Commission
“Commission” means the Penang Port Commission established and incorporated under this Act;
where any loss of life or personal injury is caused to any person being carried in any of its ships;
where any damage or loss is caused to any vehicles, animals, goods or other things whatsoever on board any of its ships;
goods
“goods” includes livestock, minerals and wares and merchandise of every description;
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;
vessel
“vessel” includes any ship or boat or by other description of vessel used in navigation;
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
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:
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
ship
“ship” includes every description of vessel used in navigation not propelled by oars;
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.