Malaysia legislation
Section 75
Section 75
Tonnage how ascertained
For the purposes of this Part the tonnage of ships shall be ascertained as provided by section 360 (2) of the Merchant Shipping
Penang Port Commission 63
Ordinance 1952, and the register of any ship shall be sufficient evidence that the gross tonnage and the deductions therefrom and the registered tonnage are as therein stated.
Loss or destruction of, or damage to, goods other than transhipment goods deposited with the Commission 75A. (1) The Commission and any person duly authorized by it shall, in respect of any goods other than transhipment goods deposited with or placed in the custody or control of the Commission for the purpose of shipment or delivery, be deemed to be the agent of the owner of the vessel loading or discharging such goods irrespective of whosoever pays or is liable to pay any rates in respect of such goods.
(2)
Neither the Commission nor any person duly authorized by it shall, in acting as an agent under the provisions of subsection
(1)
, be liable—
(a)
either in damages or in any other respect for any loss caused to any person by reason of short delivery of any goods deposited with or placed in the custody or control of the Commission or any failure by the Commission to deliver or account for them; or
(b)
for damage to, or destruction of, such goods in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Commission, been declared in writing to the Commission by the person delivering or causing the same to be delivered and the Commission shall not in any event be liable therefor where the value of any such goods has been misstated or where there prevails any of the circumstances set out in section 75D.
(3)
For the purposes of this section and of section 75C, the expression “transhipment goods” means goods landed from a vessel and placed in the custody of the Commission for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of such goods and showing that the destination is via Penang, with the ultimate port of destination marked on each package or unit containing such goods and declared on a transhipment manifest lodged with the Commission prior to or at the time such goods are placed in its custody.
64
Liability for loss under contract