Singapore legislation
Clause 136
Clause 136
Limitation of shipowner’s liability in certain cases of loss of life, injury or damage
(1)
The owner of a ship shall not, where all or any of the following occurrences take place without his actual fault or privity:
where any loss of life or personal injury is caused to any person being carried in the ship;
where any damage or loss is caused to any goods, merchandise or other things whatsoever on board the ship;
where any loss of life or personal injury is caused to any person not carried in the ship through the act or omission of any person (whether on board the ship or not) in the navigation or management of the ship or in the loading, carriage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers, or through any other act or omission of any person on board the ship; and
where any loss or damage is caused to any property (other than any property mentioned in paragraph (b)) or any right is infringed through the act or omission of any person (whether on board the ship or not) in the navigation or management of the ship, or in the loading, carriage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers, or through any other act or omission of any person on board the ship,be liable to damages beyond the following amounts:
in respect of loss of life or personal injury, either alone or together with such loss, damage or infringement as is mentioned in paragraphs (b) and (d), an aggregate amount not exceeding in the currency of Singapore the equivalent of 3,100 gold francs for each ton of the ship’s tonnage; and
in respect of such loss, damage or infringement as is mentioned in paragraphs (b) and (d), whether there is loss of life or personal injury or not, an aggregate amount not exceeding in the currency of Singapore the equivalent of 1,000 gold francs for each ton of the ship’s tonnage:Provided that for the purpose of ascertaining the limit of the owner’s liability in accordance with sub-paragraph (i), the tonnage of a ship of less than 300 tons shall be deemed to be 300 tons.
(2)
For the purposes of this section —
the tonnage of a mechanically propelled ship shall be its net tonnage with the addition, if any, of engine-room space deducted for the purpose of ascertaining that tonnage, and the tonnage of any other ship shall be its net tonnage;
if the tonnage of a ship cannot be ascertained in accordance with paragraph (a), 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 that paragraph; and
a gold franc shall be taken to be a unit consisting of 651/2 milligrams of gold of millesimal fineness 900.
(3)
The Minister may, from time to time, by order published in the Gazette, specify the amounts which for the purposes of this section are to be taken as equivalent to 3,100 and 1,000 gold francs, respectively.
(4)
The limits set by this section to the liabilities mentioned herein shall apply to the aggregate of such liabilities which are incurred on any distinct occasion, and shall so apply in respect of each distinct occasion without regard to any liability incurred on another occasion.
(5)
The application of this section to any liability shall not be excluded by reason only that the occurrence giving rise to the liability was not due to the negligence of any person.
(6)
Nothing in this section shall apply to any liability in respect of loss of life or personal injury caused to, or loss of or damage to any property or infringement of any right of, a person who is on board or employed in connection with a ship under a contract of service with all or any of the persons whose liabilities are limited by this section, if that contract is governed by the law of any country outside Singapore and that law either does not set any limit to that liability or sets a limit exceeding that set to it by this section.