Section 99

The Authority shall not, where without its actual fault or privity, any loss or damage, not being a loss or damage provided for by this Part, is caused to any vessel or vessels or to any train, vehicle, goods or other things whatsoever on board any vessel or vessels, be liable to damages beyond an aggregate amount not exceeding in the currency of Singapore the equivalent of £8 sterling for each ton of the tonnage of the largest British registered vessel which during the period of 5 years next before the happening of such loss or damage has been habitually within the area over which the Authority performs any duty or exercises any power. A vessel shall not be deemed to have been habitually within such area unless it has been within such area not less than 3 times annually during such period of 5 years, and a vessel shall not be deemed to have been within such area by reason only that it has been built or fitted out within such area, or that it has taken shelter within or passed through such area on a voyage between two places both situated outside that area or that it has loaded or discharged mail or passengers within that area.

This section shall be without prejudice to any limitation of liability for loss or damage which may be available to the Authority under section 272 of the Merchant Shipping Act [Cap. 179].[88