Singapore legislation
Section 6
Section 6
Limitation of liability under section 3
(1)
Where the owner of a ship incurs a liability under section 3 by reason of a discharge or an escape which occurred without his actual fault or privity —
section 272 of the Merchant Shipping Act [Cap. 179] (relating to the limitation of liability) shall not apply in relation to that liability; but(b)he may limit that liability in accordance with the provisions of this Act, and if he does so his liability (that is to say, the aggregate of his liabilities under section 3 resulting from the discharge or escape) shall not exceed 133 special drawing rights for each ton of the ship’s tonnage nor (where that tonnage would result in a greater amount) 14 million special drawing rights.
(2)
For the purposes of this section, the tonnage of a ship shall be ascertained as follows: —
if the ship is a Singapore ship, its tonnage shall be taken to be its registered tonnage increased, where a deduction has been made for engine room space in arriving at that tonnage, by the amount of that deduction;
if the ship is not a ship as is mentioned in paragraph (a) and it is possible to ascertain what would be its registered tonnage if it were registered in Singapore, that paragraph shall apply (with the necessary modifications) as if the ship were so registered;
if the ship is not a ship as is mentioned in paragraph (a) and it is not possible to ascertain its tonnage in accordance with paragraph (b), its tonnage shall be taken to be 40% of the weight (expressed in tons of 1,016 kilograms) of oil which the ship is capable of carrying;
if the tonnage of the ship cannot be ascertained in accordance with paragraphs (a), (b) and (c), the Director shall, if so directed by the Court, certify what, on the evidence specified in the direction, would in his opinion be the tonnage of the ship if ascertained in accordance with those paragraphs, and the tonnage stated in his certificate shall be taken to be the tonnage of the ship.