Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
17. Government ships
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding the other provisions of this Part, this Part does not apply in relation to any warship or any ship for the time being used by the government of any State otherwise than for commercial purposes.
In relation to a ship owned by a State and for the time being used for commercial purposes, it shall be a sufficient compliance with section 12(2) if there is in force a certificate issued by the government of that
State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article I of the Liability Convention will be met up to the limit prescribed by Article V of the Liability Convention.
pollution damage
“pollution damage” means — (a) damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship; (b) the cost of preventive measures; and (c) further damage caused by preventive measures, but does not include any damage attributable to any impairment of the environment, except to the extent that any such damage consists of — (i) any loss of profits; or (ii) the cost of any reasonable measures of reinstatement actually taken or to be taken;
Every Liability Convention State shall, for the purposes of any proceedings brought in a court in Brunei Darussalam to enforce a claim in respect of a liability incurred under section 3, be deemed to have submitted to the jurisdiction of that court, and accordingly the Chief Justice, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may make
Liability Convention State
“Liability Convention State” means a State which is a party to the Liability Convention;
Rules of Court to provide for the manner in which those proceedings are to be commenced and carried on.
Nothing in subsection (3) shall authorise the issue of execution against the property of any State.
Terms defined in this Act
Liability Convention
Defined · s 2“Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992;
Liability Convention State
Defined · s 2“Liability Convention State” means a State which is a party to the Liability Convention;
pollution damage
Defined · s 22“pollution damage” means — (a) damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship; (b) the cost of preventive measures; and (c) further damage caused by preventive measures, but does not include any damage attributable to any impairment of the environment, except to the extent that any such damage consists of — (i) any loss of profits; or (ii) the cost of any reasonable measures of reinstatement actually taken or to be taken;
Part
International Oil Pollution Compensation Fund
Part