
1 
This Order may be cited as the 
Merchant Shipping Act 1979 (Saint Helena) Order 1980
and shall come into operation on 1st December 1980.
2 
The provisions of 
sections 14, 17, 
18, 19(1), 
50, 51 and 
52 of, and Schedules 3, 
4 and 5 and 
Part I of Schedule 7 to, the Merchant
Shipping Act 1979, modified as in the Schedule
hereto, shall extend to Saint Helena.
3 
Save as is expressly provided otherwise
therein, any reference in the Schedule to this Order to any enactment of the
United Kingdom shall be construed as a reference to that enactment as applying
or extended to Saint Helena.
4 
In this Order and in the Schedule hereto “Saint Helena” means 
Saint Helena and its Dependencies.
N.E. Leigh
Clerk of the Privy Council

SCHEDULE TO THE ORDER
Article 2


THE MERCHANT
SHIPPING ACT 1979

14 

(1) The provisions
of the convention relating to the Carriage of Passengers and their Luggage
by Sea as set out in Part I of Schedule 3
to this Act (hereafter in this section and in 
Parts II and III
of that Schedule referred to as “the Convention”
) shall have the force of law in Saint Helena.
(2) The provisions of 
Part II of that Schedule shall have effect
in connection with the Convention and the preceding subsection shall have
effect subject to the provisions of that Part.
(3) On and after the date when this subsection
and Part III of Schedule 3
to this Act come into force Parts I
and II of that Schedule
shall have effect with the modifications specified in the said 
Part III.
(6) Nothing in 
subsection (1), (2)
or (3) of this section shall
effect any rights or liabilities arising out of an occurrence which took place
before the day on which the said subsection (1)
, (2) or 
(3) comes into force.
(7) This section shall bind the Crown.
17 

(1) The provisions
of the Convention on Limitation of Liability
for Maritime Claims 1976 as set out in 
Part I of Schedule 4 to this Act (hereafter
in this section and in Part II
of that Schedule referred to as “the Convention”
) shall have the force of law in Saint Helena.
(2) The provisions of 
Part II of that Schedule shall have effect
in connection with the Convention, and the preceding subsection shall have
effect subject to the provisions of that Part.
18 

(1) Subject to 
subsection (3) of this section, the owner of
a British ship shall not be liable for any loss or damage in the following
cases, namely—
(a) where any property on board the ship
is lost or damaged by reason of fire on board the ship; or
(b) where any gold, silver, watches, jewels
or precious stones on board the ship are lost or damaged by reason of theft,
robbery or other dishonest conduct and their nature and value were not at
the time of shipment declared by their owner or shipper to the owner or master
of the ship in the bill of lading or otherwise in writing.
(2) Subject to 
subsection (3) of this section, where the loss
or damage arises from anything done or omitted by any person in his capacity
as master or member of the crew or (otherwise than in that capacity) in the
course of his employment as a servant of the owner of the ship, the preceding
subsection shall also exclude the liability of—
(a) the master, member of the crew or servant;
and
(b) in a case where the master or member
of the crew is the servant of a person whose liability would not be excluded
by that subsection apart from this paragraph, the person whose servant he
is.
(3) This section does not exclude the liability
of any person for any loss or damage resulting from any such personal act
or omission of his as is mentioned in article
4 of the Convention in 
Part I of Schedule 4 to this Act.
(4) In this section 
“owner” , in relation to
a ship, includes any part owner and any charterer, manager or operator of
the ship.
19 

(1) The enactments mentioned in 
Schedule 5 to this Act shall have effect with
the amendments there specified (which are consequential on 
sections 17 and 18
of this Act).
50 

(1) This Act shall be construed as one with
the Merchant Shipping Acts 1894 to 1977.
(1A) Nothing in 
sections 17 and 18
of, or Schedule 4 to, this
Act shall apply in relation to any liability arising out of any occurrence
which took place before the coming into force of those sections, and 
section 19(1) of, and Schedule 5
to, this Act shall not affect the operation of any enactment in relation to
such an occurrence.
(4) The enactments mentioned in the first
and second columns of Part I of Schedule 7
to this Act are hereby repealed to the extent specified in the third column
of that Part of that Schedule; but nothing in that Part of that Schedule shall
affect the operation of any enactment in relation to such an occurrence as
mentioned in subsection (1A)
of this section.
51 

(2) The Colonial Treasurer shall be entitled
to charge a reasonable fee for any certificate given by or on behalf of the
Colonial Treasurer in pursuance of any provision contained in 
paragraph 4 of Part III of Schedule 3 or 
paragraph 7 of Part II of Schedule 4 to this
Act.
52 

(1) This Act may be cited as the 
Merchant Shipping Act 1979 and this Act and
the Merchant Shipping Acts 1894 to 1977 may be cited together as the Merchant
Shipping Acts 1894 to 1979.
(2) This Act shall come into force on such
day as the Governor may appoint by order, and different days may be appointed
in pursuance of this subsection for different provisions of this Act or for
different purposes of the same provision.
SCHEDULE 3 TO THE ACT
Sections 14, 
51(2)
PART I
ARTICLE 1
In this Convention the following expressions have
the meaning hereby assigned to them:

1 

(a) “carrier”
 means a person by or on behalf of whom
a contract of carriage has been concluded, whether the carriage is actually
performed by him or by a performing carrier;
(b) “performing
carrier” means a person other than
the carrier, being the owner, charterer or operator of a ship, who actually
performs the whole or a part of the carriage;
2 
“contract of
carriage” means a contract made
by or on behalf of a carrier for the carriage by sea of a passenger or of
a passenger and his luggage, as the case may be;
3 
“ship”
 means only a seagoing vessel, excluding
an air-cushion vehicle;
4 
“passenger”
 means any person carried in a ship, 
(a) under a contract of carriage, or
(b) who, with the consent of the
carrier, is accompanying a vehicle or live animals which are covered by a
contract for the carriage of goods not governed by this Convention;
5 
“luggage”
 means any article or vehicle carried
by the carrier under a contract or carriage, excluding: 
(a) articles and vehicles carried under a charter party, bill
of lading or other contract primarily concerned with the carriage of goods,
and
(b) live animals;
6 
“cabin luggage”
 means luggage which the passenger has
in his cabin or is otherwise in his possession, custody or control. Except
for the application of paragraph 8
of this Article and Article 8,
cabin luggage includes luggage which the passenger has in or on his vehicle;

7 
“loss of or
damage to luggage” includes pecuniary
loss resulting from the luggage not having been re-delivered to the passenger
within a reasonable time after the arrival of the ship on which the luggage
has been or should have been carried, but does not include delays resulting
from labour disputes;
8 
“carriage”
 covers the following periods: 
(a) with regard to the passenger and his cabin
luggage, the period during which the passenger and/or his cabin luggage are
on board the ship or in the course of embarkation or disembarkation, and the
period during which the passenger and his cabin luggage are transported by
water from land to the ship or vice-versa, if the
cost of such transport is included in the fare or if the vessel used for the
purpose of auxiliary transport has been put at the disposal of the passenger
by the carrier. However, with regard to the passenger, carriage does not include
the period during which he is in a marine terminal or station or on a quay
or in or on any other port installation;
(b) with regard to cabin luggage,
also the period during which the passenger is in a marine terminal or station
or on a quay or in or on any other port installation if that luggage has been
taken over by the carrier or his servant or agent and has not been re-delivered
to the passenger;
(c) with regard to other luggage
which is not cabin luggage, the period from the time of its taking over by
the carrier or his servant or agent onshore or on board until the time of
its re-delivery by the carrier or his servant or agent;
9 
“international
carriage” means any carriage in
which, according to the contract of carriage, the place of departure and the
place of destination are situated in two different States, or in a single
State if, according to the contract of carriage or the scheduled itinerary,
there is an intermediate port of call in another State;
ARTICLE 2
1 
This Convention shall apply to any international
carriage if:
(a) the ship is flying the flag of or is
registered in a State Party to this Convention, or
(b) the contract of carriage has been made
in a State Party to this Convention, or
(c) the place of departure or destination,
according to the contract of carriage, is in a State Party to this Convention.

2 
Notwithstanding 
paragraph 1 of this Article, this Convention
shall not apply when the carriage is subject, under any other international
convention concerning the carriage of passengers or luggage by another mode
of transport, to a civil liability regime under the provisions of such convention,
in so far as those provisions have mandatory application to carriage by sea.

ARTICLE 3
1 
The carrier shall be liable for the damage suffered
as a result of the death of or personal injury to a passenger and the loss
of or damage to luggage if the incident which caused the damage so suffered
occurred in the course of the carriage and was due to the fault or neglect
of the carrier or of his servants or agents acting within the scope of their
employment.
2 
The burden of proving that the incident which
caused the loss or damage occurred in the course of the carriage, and the
extent of the loss or damage, shall lie with the claimant.
3 
Fault or neglect of the carrier or of his servants
or agents acting within the scope of their employment shall be presumed, unless
the contrary is proved, if the death of or personal injury to the passenger
or the loss of or damage to cabin luggage arose from or in connection with
the shipwreck, collision, stranding, explosion or fire, or defect in the ship.
In respect of loss of or damage to other luggage, such fault or neglect shall
be presumed, unless the contrary is proved, irrespective of the nature of
the incident which caused the loss or damage. In all other cases the burden
of proving fault or neglect shall lie with the claimant.
ARTICLE 4
1 
If the performance of the carriage or part thereof
has been entrusted to a performing carrier, the carrier shall nevertheless
remain liable for the entire carriage according to the provisions of this
Convention. In addition, the performing carrier shall be subject and entitled
to the provisions of this Convention for the part of the carriage performed
by him.
2 
The carrier shall, in relation to the carriage
performed by the performing carrier, be liable for the acts and omissions
of the performing carrier and of his servants and agents acting within the
scope of their employment.
3 
Any special agreement under which the carrier
assumed obligations not imposed by this Convention or any waiver of rights
conferred by this Convention shall affect the performing carrier only if agreed
by him expressly and in writing.
4 
Where and to the extent that both the carrier
and the performing carrier are liable, their liability shall be joint and
several.
5 
Nothing in this Article shall prejudice any
right of recourse as between the carrier and the performing carrier.
ARTICLE 5
The carrier shall not be liable for the loss of
or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments,
works of art, or other valuables, except where such valuables have been deposited
with the carrier for the agreed purpose of safe-keeping in which case the
carrier shall be liable up to the limit provided for in 
paragraph 3 of Article 8 unless a higher limit
is agreed upon in accordance with paragraph 1
of Article 10.

ARTICLE 6
If the carrier proves that the death of or personal
injury to a passenger or the loss of or damage to his luggage was caused or
contributed to by the fault or neglect of the passenger, the court seized
of the case may exonerate the carrier wholly or partly from his liability
in accordance with the provisions of the law of that court.

ARTICLE 7
1 
The liability of the carrier for the death of
or personal injury to a passenger shall in no case exceed 700,000 francs per
carriage. Where in accordance with the law of the court seized of the case
damages are awarded in the form of periodical income payments, the equivalent
capital value of those payments shall not exceed the said limit.
2 
Notwithstanding 
paragraph 1 of this Article, the national law
of any State Party to this Convention may fix, as far as carriers who are
nationals of such State are concerned, a higher per capita
limit of liability.
ARTICLE 8
1 
The liability of the carrier for the loss of
or damage to cabin luggage shall in no case exceed 12,500 francs per passenger,
per carriage.
2 
The liability of the carrier for the loss of
or damage to vehicles including all luggage carried in or on the vehicle shall
in no case exceed 50,000 francs per vehicle, per carriage.
3 
The liability of the carrier for the loss of
or damage to luggage other than that mentioned in 
paragraphs 1 and 2
of this Article shall in no case exceed 18,000 francs per passenger, per carriage.

4 
The carrier and the passenger may agree that
the liability of the carrier shall be subject to a deductible not exceeding
1,750 francs in the case of damage to a vehicle and not exceeding 200 francs
per passenger in the case of loss of or damage to other luggage, such sum
to be deducted from the loss or damage.
ARTICLE 9
1 
The franc mentioned in this Convention shall
be deemed to refer to a unit consisting of 65-5 milligrams of gold of millesimal
fineness 900.
2 
The amounts referred to in 
Articles 7 and 8
shall be converted into the national currency of the State of the court seized
of the case on the basis of the official value of that currency, by reference
to the unit defined in paragraph 1
of this Article, on the date of the judgment or the date agreed upon by the
parties.
ARTICLE 10
1 
The carrier and the passenger may agree, expressly
and in writing, to higher limits of liability than those prescribed in 
Articles 7 and 8.

2 
Interest on damages and legal costs shall not
be included in the limits of liability prescribed in 
Articles 7 and 8.

ARTICLE 11
If an action is brought against a servant or agent
of the carrier or of the performing carrier arising out of damage covered
by this Convention, such servant or agent, if he proves that he acted within
the scope of his employment, shall be entitled to avail himself of the defences
and limits of liability which the carrier or the performing carrier is entitled
to invoke under this Convention.

ARTICLE 12
1 
Where the limits of liability prescribed in 
Articles 7 and 8
take effect, they shall apply to the aggregate of the amounts recoverable
in all claims arising out of the death of or personal injury to any one passenger
or the loss of or damage to his luggage.
2 
In relation to the carriage performed by a performing
carrier, the aggregate of the amounts recoverable from the carrier and the
performing carrier and from their servants and agents acting within the scope
of their employment shall not exceed the highest amount which could be awarded
against either the carrier or the performing carrier under this Convention,
but none of the persons mentioned shall be liable for a sum in excess of the
limit applicable to him.
3 
In any case where a servant or agent of the
carrier or of the performing carrier is entitled under 
Article 11 of this Convention to avail himself
of the limits of liability prescribed in Articles
7 and 8,
the aggregate of the amounts recoverable from the carrier, or the performing
carrier as the case may be, and from that servant or agent, shall not exceed
those limits.
ARTICLE 13
1 
The carrier shall not be entitled to the benefit
of the limits of liability prescribed in Articles
7 and 8 and 
paragraph 1 of Article 10, if it is proved
that the damage resulted from an act or omission of the carrier done with
the intent to cause such damage, or recklessly and with knowledge that such
damage would probably result.
2 
The servant or agent of the carrier or of the
performing carrier shall not be entitled to the benefit of those limits if
it is proved that the damage resulted from an act or omission of that servant
or agent done with the intent to cause such damage, or recklessly and with
knowledge that such damage would probably result.
ARTICLE 14
No action for damages for the death of or personal
injury to a passenger, or for the loss of or damage to luggage, shall be brought
against a carrier or performing carrier otherwise than in accordance with
this Convention.

ARTICLE 15
1 
The passenger shall give written notice to the
carrier or his agent:
(a) in the case of apparent damage to luggage:

(i) for cabin luggage, before or at the time
of disembarkation of the passenger;
(ii) for all other luggage, before or at
the time of its re-delivery;
(b) in the case of damage to luggage which
is not apparent, or loss of luggage, within fifteen days from the date of
disembarkation or redelivery or from the time when such re-delivery should
have taken place.
2 
If the passenger fails to comply with this Article,
he shall be presumed, unless the contrary is proved, to have received the
luggage undamaged.
3 
The notice in writing need not be given if the
condition of the luggage has at the time of its receipt been the subject of
joint survey or inspection.
ARTICLE 16
1 
Any action for damages arising out of the death
of or personal injury to a passenger or for the loss of or damage to luggage
shall be time-barred after a period of two years.
2 
The limitation period shall be calculated as
follows:
(a) in the case of personal injury, from
the date of disembarkation of the passenger;
(b) in the case of death occurring during
carriage, from the date when the passenger should have disembarked, and in
the case of personal injury occurring during carriage and resulting in the
death of the passenger after disembarkation, from the date of death, provided
that this period shall not exceed three years from the date of disembarkation;

(c) in the case of loss of or damage to luggage,
from the date of disembarkation or from the date when disembarkation should
have taken place, whichever is later.
3 
The law of the court seized of the case shall
govern the grounds of suspension and interruption of limitation periods, but
in no case shall an action under this Convention be brought after the expiration
of a period of three years from the date of disembarkation of the passenger
or from the date when disembarkation should have taken place, whichever is
later.
4 
Notwithstanding 
paragraphs 1, 2
and 3 of this Article, the
period of limitation may be extended by a declaration of the carrier or by
agreement of the parties after the cause of action has arisen. The declaration
or agreement shall be in writing.
ARTICLE 17
1 
An action arising under this Convention shall,
at the option of the claimant, be brought before one of the courts listed
below, provided that the court is located in a State Party to this Convention:

(a) the court of the place of permanent residence
or principal place of business of the defendant, or
(b) the court of the place of departure or
that of the destination according to the contract of carriage, or
(c) a court of the State of the domicile
or permanent residence of the claimant, if the defendant has a place of business
and is subject to jurisdiction in that State, or
(d) a court of the State where the contract
of carriage was made, if the defendant has a place of business and is subject
to jurisdiction in that State.
2 
After the occurrence of the incident which has
caused the damage, the parties may agree that the claim for damages shall
be submitted to any jurisdiction or to arbitration.
ARTICLE 18
Any contractual provision concluded before the
occurrence of the incident which has caused the death of or personal injury
to a passenger or the loss of or damage to his luggage, purporting to relieve
the carrier of his liability towards the passenger or to prescribe a lower
limit of liability than that fixed in this Convention except as provided in 
paragraph 4 of Article 8, and any such provision
purporting to shift the burden of proof which rests on the carrier or having
the effect of restricting the option specified in 
paragraph 1 of Article 17, shall be null and
void, but the nullity of that provision shall not render void the contract
of carriage which shall remain subject to the provisions of this Convention.


ARTICLE 19
This Convention shall not modify the rights or
duties of the carrier, the performing carrier, and their servants or agents
provided for in international conventions relating to the limitation of liability
of owners of seagoing ships.

ARTICLE 20
No liability shall arise under this Convention
for damage caused by a nuclear incident:
(a)  if the operator of a nuclear installation
is liable for such damage under either the Paris
Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear
Energy as amended by its 
Additional Protocol of 28 January 1964, or the 
Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage,
or
(b)  if the operator of a nuclear installation
is liable for such damage by virtue of a national law governing the liability
for such damage, provided that such law is in all respects as favourable to
persons who may suffer damage as either the 
Paris or the Vienna Conventions.


ARTICLE 21
This Convention shall apply to commercial carriage
undertaken by States or Public Authorities under contracts of carriage within
the meaning of Article 1.


PART II
1 
In this Part of this Schedule any reference
to a numbered article is a reference to the article of the Convention which
is so numbered and any expression to which a meaning is assigned by 
article 1 of the Convention has that meaning.

2 
For the purposes of 
paragraph 2 of article 2, provisions of such
an international convention as is mentioned in that paragraph which apart
from this paragraph do not have mandatory application to carriage by sea shall
be treated as having mandatory application to carriage by sea if it is stated
in the contract of carriage for the carriage in question that those provisions
are to apply in connection with the carriage.
3 
The reference to the law of the court in 
article 6 shall be construed as a reference
to the law of the Supreme Court of St. Helena.
4 
The Governor may by order provide that, in relation
to a carrier whose principal place of business is in Saint Helena, 
paragraph 1 of article 7 shall have effect
with the substitution for the limit for the time being specified in that paragraph
of a different limit specified in the order (which shall not be lower than
the limit specified in that paragraph at the passing of this Act or, if 
paragraph 1 of Part III of this Schedule has
come into force, specified in paragraph 1 of
article 7 as amended by 
paragraph 1 of that Part).
5 
The values which in pursuance of 
article 9 shall be considered as the official
values in Saint Helena of the amounts in francs for the time being specified
in articles 7 and 
8 shall be such amounts in sterling as the
Governor may from time to time by order specify.
6 
It is hereby declared that by virtue of 
article 12 the limitations on liability there
mentioned in respect of a passenger or his luggage apply to the aggregate
liabilities of the persons in question in all proceedings for enforcing the
liabilities or any of them which may be brought whether in Saint Helena or
elsewhere.
7 
Article 16
shall apply to an arbitration as it applies to an action in the Supreme Court
of St. Helena.
8 
The court before which proceedings are brought
in pursuance of article 17
to enforce a liability which is limited by virtue of 
article 12 may at any stage of the proceedings
make such orders as appear to the court to be just and equitable in view of
the provisions of article 12
and of any other proceedings which have been or are likely to be begun in
Saint Helena or elsewhere to enforce the liability in whole or in part; and
without prejudice to the generality of the preceding provisions of this paragraph
such a court shall, where the liability is or may be partly enforceable in
other proceedings in Saint Helena or elsewhere, have jurisdiction to award
an amount less than the court would have awarded if the limitation applied
solely to the proceedings before the court or to make any part of its award
conditional on the results of any other proceedings.
9 
Any reference in the Convention to a contract
of carriage excludes a contract of carriage which is not for reward.
10 
If Her Majesty by Order in Council made by
virtue of this paragraph as it applies in the United Kingdom declares that
any State specified in the Order is a party to the Convention in respect of
a particular country the Order shall, subject to the provisions of any subsequent
Order made by virtue of this paragraph, as it applies in the United Kingdom,
be conclusive evidence that the State is a party to the Convention in respect
of that country.
11 
The Governor may by order make provision—

(a) for requiring a person who is the carrier
in relation to a passenger to give to the passenger, in a manner specified
in the order, notice of such of the provisions of 
Part I of this Schedule as are so specified;

(b) for a person who fails to comply with
a requirement imposed on him by the order to be guilty of an offence and liable
on summary conviction to a fine of an amount not exceeding £500.
12 
Nothing in section
502 of the Merchant Shipping Act 1894
 or section 18
 of this Act (which among other things limit
a ship-owner's liability for the loss or damage of goods in certain cases)
shall relieve a person of any liability imposed on him by the Convention.

13 
It is hereby declared that nothing in the Convention
affects the operation of section 503
of the Merchant Shipping Act 1894
or section 17
of this Act (which limit a shipowner's liability in certain cases of loss
of life, injury or damage).
PART III
1 
In Part I
of this Schedule, in article 7
of the Convention, for the words “700,000 francs”
or any other words which, by virtue of paragraph
4 of Part II of this Schedule, are specified
in that article in the place of those words there shall be substituted the
words “46,666 units of account”.
2 
In the said Part
I, in article 8
of the Convention, for the word “francs” wherever
it occurs there shall be substituted the words “units of account”
 and for the figures “12,500”, 
“50,000”, “18,000”, 
“1,750” and “200” there shall
be substituted respectively the figures “833”, 
“3,333”, “1,200”, “117”
 and “13”.
3 
In the said Part
I for article 9
there shall be substituted the following—“
ARTICLE 9
The Unit of Account mentioned in this Convention
is the Special Drawing Right as defined by the International Monetary Fund.
The amounts mentioned in Articles 7
and 8 shall be converted
into the national currency of the State of the Court seized of the case on
the basis of the value of that currency on the date of the judgment or the
date agreed upon by the Parties.
”
4 
In Part II
of this Schedule for paragraph 5
there shall be substituted the following—“
5 

(1) For the purpose of converting from special
drawing rights into sterling the amounts mentioned in 
articles 7 and 8
of the Convention in respect of which a judgment is given, one special drawing
right shall be treated as equal to such a sum in sterling as the International
Monetary Fund have fixed as being the equivalent of one special drawing right
for—
(a) the day on which the judgment is given;
or
(b) if no sum has been so fixed for that
day, the last day before that day for which a sum has been so fixed.
(2) A certificate given by or on behalf of
the Colonial Treasurer stating—
(a) that a particular sum in sterling has
been fixed as mentioned in the preceding sub-paragraph for a particular day;
or
(b) that no sum has been so fixed for that
day and a particular sum in sterling has been so fixed for a day which is
the last day for which a sum has been so fixed before the particular day,
shall be conclusive evidence of those matters for the purposes
of articles 7 to 9
of the Convention; and a document purporting to be such a certificate shall,
in any proceedings, be received in evidence and, unless the contrary is proved,
be deemed to be such a certificate.”
SCHEDULE 4 TO THE ACT
Section 17, 
18, 19(1)
PART I
CHAPTER I
ARTICLE 1
1 
Shipowners and salvors, as hereinafter defined,
may limit their liability in accordance with the rules of this Convention
for claims set out in Article 2.

2 
The term “shipowner”
 shall mean the owner, charterer, manager
or operator of a seagoing ship.
3 
Salvor shall mean any person rendering services
in direct connexion with salvage operations. Salvage operations shall also
include operations referred to in Article 2, 
paragraph 1(d), (e)
and (f).
4 
If any claims set out in 
Article 2 are made against any person for whose
act, neglect or default the shipowner or salvor is responsible, such person
shall be entitled to avail himself of the limitation of liability provided
for in this Convention.
5 
In this Convention the liability of a shipowner
shall include liability in an action brought against the vessel herself.
6 
An insurer of liability for claims subject to
limitation in accordance with the rules of this Convention shall be entitled
to the benefits of this Convention to the same extent as the assured himself.

7 
The act of invoking limitation of liability
shall not constitute an admission of liability.
ARTICLE 2
1 
Subject to Articles
3 and 4
the following claims, whatever the basis of liability may be, shall be subject
to limitation of liability:
(a) claims in respect of loss of life or
personal injury or loss of or damage to property (including damage to harbour
works, basins and waterways and aids to navigation), occurring on board or
in direct connexion with the operation of the ship or with salvage operations,
and consequential loss resulting therefrom;
(b) claims in respect of loss resulting from
delay in the carriage by sea of cargo, passengers or their luggage;
(c) claims in respect of other loss resulting
from infringement of rights other than contractual rights, occurring in direct
connexion with the operation of the ship or salvage operations;
(d) claims in respect of the raising, removal,
destruction or the rendering harmless of a ship which is sunk, wrecked, stranded
or abandoned, including anything that is or has been on board such ship;
(e) claims in respect of the removal, destruction
or the rendering harmless of the cargo of the ship;
(f) claims of a person other than the person
liable in respect of measures taken in order to avert or minimize loss for
which the person liable may limit his liability in accordance with this Convention,
and further loss caused by such measures.
2 
Claims set out in 
paragraph 1 shall be subject to limitation
of liability even if brought by way of recourse or for indemnity under a contract
or otherwise. However, claims set out under 
paragraph 1(d), (e)
and (f) shall not be subject
to limitation of liability to the extent that they relate to remuneration
under a contract with the person liable.
ARTICLE 3
The rules of this Convention shall not apply to:
(a)  claims for salvage or contribution in
general average;
(b)  claims for oil pollution damage within
the meaning of the International Convention on
Civil Liability for Oil Pollution Damage dated 29th November
1969 or of any amendment or Protocol thereto which is in force;

(c)  claims subject to any international
convention or national legislation governing or prohibiting limitation of
liability for nuclear damage;
(d)  claims against the shipowner of a nuclear
ship for nuclear damage;
(e)  claims by servants of the shipowner
or salvor whose duties are connected with the ship or the salvage operations,
including claims of their heirs, dependants or other persons entitled to make
such claims, if under the law governing the contract of service between the
shipowner or salvor and such servants the shipowner or salvor is not entitled
to limit his liability in respect of such claims, or if he is by such law
only permitted to limit his liability to an amount greater than that provided
for in Article 6.


ARTICLE 4
A person liable shall not be entitled to limit his liability if
it is proved that the loss resulted from his personal act or omission, committed
with the intent to cause such loss, or recklessly and with knowledge that
such loss would probably result.

ARTICLE 5
Where
a person entitled to limitation of liability under the rules of this Convention
has a claim against the claimant arising out of the same occurrence, their
respective claims shall be set off against each other and the provisions of
this Convention shall only apply to the balance, if any.

CHAPTER II
ARTICLE 6
1 
The limits of liability for claims other than
those mentioned in Article 7,
arising on any distinct occasion, shall be calculated as follows:
(a) in respect of claims for loss of life
or personal injury,
(i) 333,000 Units of Account for a ship with
a tonnage not exceeding 500 tons,
(ii) for a ship with a tonnage in excess
thereof, the following amount in addition to that mentioned in (i):for each ton from 501 to 3,000 tons, 500 Units of Account;for each ton from 3,001 to 30,000 tons, 333 Units of Account;for each ton from 30,001 to 70,000 tons, 250 Units of Account;
andfor each ton in excess of 70,000 tons, 167 Units of Account,
(b) in respect of any other claims,
(i) 167,000 Units of Account for a ship with
a tonnage not exceeding 500 tons,
(ii) for a ship with a tonnage in excess
thereof the following amount in addition to that mentioned in (i):for each ton from 501 to 30,000 tons, 167 Units of Account;for each ton from 30,001 to 70,000 tons, 125 Units of Account;
andfor each ton in excess of 70,000 tons, 83 Units of Account.
2 
Where the amount calculated in accordance with 
paragraph 1(a) is in sufficient to pay the
claims mentioned therein in full, the amount calculated in accordance with 
paragraph 1(b) shall be available for payment
of the unpaid balance of claims under paragraph
1(a) and such unpaid balance shall rank rateably
with claims mentioned under paragraph 1(b).

4 
The limits of liability for any salvor not operating
from any ship or for any salvor operating solely on the ship to, or in respect
of which he is rendering salvage services, shall be calculated according to
a tonnage of 1,500 tons.
ARTICLE 7
1 
In respect of claims arising on any distinct
occasion for loss of life or personal injury to passengers of a ship, the
limit of liability of the shipowner thereof shall be an amount of 46,666 Units
of Account multiplied by the number of passengers which the ship is authorised
to carry according to the ship's certificate, but not exceeding 25 million
Units of Account.
2 
For the purpose of this Article “claims for loss of life or personal injury to passengers
of a ship” shall mean any such
claims brought by or on behalf of any person carried in that ship: 
(a) under a contract of passenger carriage, or

(b) who, with the consent of the
carrier, is accompanying a vehicle or live animals which are covered by a
contract for the carriage of goods.
ARTICLE 8
1 
The Unit of Account referred to in 
Articles 6 and 7
is the Special Drawing Right as defined by the International Monetary Fund.
The amounts mentioned in Articles 6
and 7 shall be converted
into the national currency of the State in which limitation is sought, according
to the value of that currency at the date the limitation fund shall have been
constituted, payment is made, or security is given which under the law of
that State is equivalent to such payment.
ARTICLE 9
1 
The limits of liability determined in accordance
with Article 6
shall apply to the aggregate of all claims which arise on any distinct occasion:

(a) against the person or persons mentioned
in paragraph 2 of Article 1
and any person for whose act, neglect or default he or they are responsible;
or
(b) against the shipowner of a ship rendering
salvage services from that ship and the salvor or salvors operating from such
ship and any person for whose act, neglect or default he or they are responsible;
or
(c) against the salvor or salvors who are
not operating from a ship or who are operating solely on the ship to, or in
respect of which, the salvage services are rendered and any person for whose
act, neglect or default he or they are responsible.
2 
The limits of liability determined in accordance
with Article 7
shall apply to the aggregate of all claims subject thereto which may arise
on any distinct occasion against the person or persons mentioned in 
paragraph 2 of Article 1 in respect of the
ship referred to in Article 7
and any person for whose act, neglect or default he or they are responsible.

ARTICLE 10
1 
Limitation of liability may be invoked notwithstanding
that a limitation fund as mentioned in Article
11 has not been constituted.
2 
If limitation of liability is invoked without
the constitution of a limitation fund, the provisions of 
Article 12 shall apply correspondingly.
3 
Questions of procedure arising under the rules
of this Article shall be decided in accordance with the national law of the
State Party in which action is brought.
CHAPTER III
ARTICLE 11
1 
Any person alleged to be liable may constitute
a fund with the Court or other competent authority in any State Party in which
legal proceedings are instituted in respect of claims subject to limitation.
The fund shall be constituted in the sum of such of the amounts set out in 
Articles 6 and 7
as are applicable to claims for which that person may be liable, together
with interest thereon from the date of the occurrence giving rise to the liability
until the date of the constitution of the fund. Any fund thus constituted
shall be available only for the payment of claims in respect of which limitation
of liability can be invoked.
2 
A fund may be constituted, either by depositing
the sum, or by producing a guarantee acceptable under the legislation of the
State Party where the fund is constituted and considered to be adequate by
the Court or other competent authority.
3 
A fund constituted by one of the persons mentioned
in paragraph 1(a), 
(b) or (c) or 
paragraph 2 of Article 9 or his insurer shall
be deemed constituted by all persons mentioned in 
paragraph 1(a), (b)
or (c) or paragraph
2, respectively.
ARTICLE 12
1 
Subject to the provisions of 
paragraph 1 and 2 of Article 6
and of Article 7, the fund
shall be distributed among the claimants in proportion to their established
claims against the fund.
2 
If, before the fund is distributed, the person
liable, or his insurer, has settled a claim against the fund such person shall,
up to the amount he has paid, acquire by subrogation the rights which the
person so compensated would have enjoyed under this Convention.
3 
The right of subrogation provided for in 
paragraph 2 may also be exercised by persons
other than those therein mentioned in respect of any amount of compensation
which they may have paid, but only to the extent that such subrogation is
permitted under the applicable national law.
4 
Where the person liable or any other person
establishes that he may be compelled to pay, at a later date, in whole or
in part any such amount of compensation with regard to which such person would
have enjoyed a right of subrogation pursuant to 
paragraphs 2 and 3
had the compensation been paid before the fund was distributed, the Court
or other competent authority of the State where the fund has been constituted
may order that a sufficient sum shall be provisionally set aside to enable
such person at such later date to enforce his claim against the fund.
ARTICLE 13
1 
Where a limitation fund has been constituted
in accordance with Article 11,
any person having made a claim against the fund shall be barred from exercising
any right in respect of such a claim against any other assets of a person
by or on behalf of whom the fund has been constituted.
2 
After a limitation fund has been constituted
in accordance with Article 11,
any ship or other property belonging to a person on behalf of whom the fund
has been constituted, which has been arrested or attached within the jurisdiction
of a State Party for a claim which may be raised against the fund, or any
security given, may be released by order of the Court or other competent authority
of such State. However, such release shall always be ordered if the limitation
fund has been constituted:
(a) at the port where the occurrence took
place, or, if it took place out of port, at the first port of call thereafter;
or
(b) at the port of disembarkation in respect
of claims for loss of life or personal injury; or
(c) at the port of discharge in respect of
damage to cargo; or
(d) in the State where the arrest is made.

3 
The rules of paragraphs
1 and 2
shall apply only if the claimant may bring a claim against the limitation
fund before the Court administering that fund and the fund is actually available
and freely transferable in respect of that claim.
ARTICLE 14
Subject
to the provisions of this Chapter the rules relating to the constitution and
distribution of a limitation fund, and all rules of procedure in connection
therewith, shall be governed by the law of the State Party in which the fund
is constituted.

CHAPTER IV
ARTICLE 15This Convention shall apply wherever any person
referred to in Article 1
seeks to limit his liability before the Court of a State Party or seeks to
procure the release of a ship or other property or the discharge of any security
given within the jurisdiction of any such State.

PART II
1 
In this Part of this Schedule any reference
to a numbered article is a reference to the article of the Convention which
is so numbered.
2 
The right to limit liability under the Convention
shall apply in relation to any ship whether seagoing or not, and the definition
of “shipowner” in paragraph 2 of
article 1 shall be construed accordingly.
3 

(1) Paragraph
1(d) of article 2 shall not apply unless provision
has been made by an order of the Governor for the setting up and management
of a fund to be used for the making to harbour or conservancy authorities
of payments needed to compensate them for the reduction, in consequence of
the said paragraph 1(d),
of amounts recoverable by them in claims of the kind there mentioned, and
to be maintained by contributions from such authorities raised and collected
by them in respect of vessels in like manner as other sums so raised by them.

(2) Any order under 
sub-paragraph (1) above may contain such incidental
and supplemental provisions as appear to the Governor to be necessary or expedient.

(3) If immediately before the coming into
force of section 17
of this Act an order is in force under 
section 2(6) of the Merchant Shipping
(Liability of Shipowners and Others) Act 1958 (which contains
provisions corresponding to those of this paragraph) that order shall have
effect as if made under this paragraph.
4 

(1) The claims excluded from the Convention
by paragraph (b) of article 3
are claims in respect of any liability incurred under 
section 1 of the Merchant Shipping
(Oil Pollution) Act 1971.
(2) The claims excluded from the Convention
by paragraph (c) of article 3
are claims made by virtue of any of sections 7 to 11 of the 
Nuclear Installations Act 1965.
5 

(1) In the application of 
article 6 to a ship with a tonnage less than
300 tons that article shall have effect as if—
(a) paragraph
(a)(i) referred to 166,667 Units of Account;
and
(b) paragraph
(b)(i) referred to 83,333 Units of Account.

(2) For the purposes of 
article 6 and this paragraph a ship's tonnage
shall be its gross tonnage calculated in such manner as may be prescribed
by an order made by the Governor.
(3) Any order under this paragraph shall,
so far as appears to the Governor to be practicable, give effect to the regulations
in Annex I of the 
International Convention on Tonnage Measurement of Ships 1969.

6 

(1) In the case of a passenger steamer within
the meaning of Part III
of the Merchant Shipping Act 1894
the ship's certificate mentioned in paragraph
1 of article 7 shall be the passenger steamer's
certificate issued under section 274
of that Act.
(2) In paragraph
2 of article 7 the reference to claims brought
on behalf of a person include a reference to any claim in respect of the death
of a person under the Fatal
Accidents Act 1976.
7 

(1) For the purpose of converting the amounts
mentioned in articles 6 and 
7 from special drawing rights into sterling
one special drawing right shall be treated as equal to such a sum in sterling
as the International Monetary Fund have fixed as being the equivalent of one
special drawing right for—
(a) the relevant date under 
paragraph 1 of article 8; or
(b) if no sum has been so fixed for that
date, the last preceding date for which a sum has been so fixed.
(2) A certificate given by or on behalf of
the Colonial Treasurer stating—
(a) that a particular sum in sterling has
been fixed as mentioned in the preceding sub-paragraph for a particular date;
or
(b) that no sum has been so fixed for that
date and that a particular sum in sterling has been so fixed for a date which
is the last preceding date for which a sum has been so fixed,shall be conclusive evidence of those matters for the purposes
of those articles; and a document purporting to be such a certificate shall,
in any proceedings, be received in evidence and, unless the contrary is proved,
be deemed to be such a certificate.
8 

(1) The Governor may from time to time with
the concurrence of the Colonial Treasurer by order prescribe the rate of interest
to be applied for the purposes of paragraph 1
of article 11.
(2) Where a fund is constituted with the
court in accordance with article 11
for the payment of claims arising out of any occurrence, the court may stay
any proceedings relating to any claim arising out of that occurrence which
are pending against the person by whom the fund has been constituted.
9 
No lien or other right in respect of any ship
or property shall affect the proportions in which under 
article 12 the fund is distributed among several
claimants.
10 
Where the release of a ship or other property
is ordered under paragraph 2 of article 13
the person on whose application it is ordered to be released shall be deemed
to have submitted to the jurisdiction of the court to adjudicate on the claim
for which the ship or property was arrested or attached.
11 
References in the Convention and the preceding
provisions of this Part of this Schedule to the court are references to the
Supreme Court of St. Helena.
12 
References in the Convention and in the preceding
provisions of this Part of this Schedule to a ship include references to any
structure (whether completed or in course of completion) launched and intended
for use in navigation as a ship or part of a ship.
13 
An Order in Council made for the purposes of
this paragraph as it applies in the United Kingdom and declaring that any
State specified in the Order is a party to the Convention shall, subject to
the provisions of any subsequent Order made for those purposes, be conclusive
evidence that the State is a party to the Convention.
SCHEDULE 5 TO THE ACT
Section 19(1)
1 

(1) In section
2(1) of the Merchant Shipping (Liability
of Shipowners and Others) Act 1900 for the
reference to the actual fault or privity of the owners or authority there
shall be substituted a reference to any such personal act or omission of the
owners or authority as is mentioned in article
4 of the Convention in 
Part I of Schedule 4 to this Act.
(2) The limit of liability under that section
shall be ascertained by applying to the ship mentioned in 
subsection (1) the method of calculation specified
in paragraph 1(b) of article 6
of the Convention read with paragraph 5(1)
and (2) of Part II of that
Schedule.
(3) Articles
11 and 12
of the Convention in Part I
of that Schedule and paragraphs 8
and 9 of Part II of that
Schedule shall apply for the purposes of that section.
6 

(1) In sections
5(4)(b) and 7(b)
of the Merchant Shipping (Oil Pollution) Act 1971
for the words “the Merchant Shipping
(Liability of Shipowners and Others) Act 1958”
 there shall be substituted the words “the 
Merchant Shipping Act 1979”.

(2) For section
15(2) of that Act there shall be substituted—
“
(2) For the purposes of 
section 17 of the Merchant Shipping
Act 1979 (limitation of liability) any liability
incurred under this section shall be deemed to be a liability in respect of
such damage to property as is mentioned in paragraph
1(a) of article 2 of the Convention in 
Part I of Schedule 4 to that Act.”
SCHEDULE 7 TO THE ACT
Section 50(4)
PART I

Chapter Short title 
Extent of repeal

1894 c.60. 
The Merchant Shipping Act 1894.
 Part VIII
.

1900 c.32. 
The Merchant Shipping (Liability of Shipowners
and Others) Act 1900. Section 2(2) and 
(3).
1906 c.48.
 The Merchant
Shipping Act 1906. Section 69.


1911 c.42. 
The Merchant Shipping Act 1911.
 Section
1(2).
1921 c.28.
 The Merchant
Shipping Act 1921. In section 1
the words “and VIII”.
1958 c.62.
 The Merchant
Shipping (Liability of Shipowners and Others) Act 1958.
 The whole Act except 
section 11 so far as applying to the 
Merchant Shipping (Liability of Shipowners and Others) Act 1900.


1965 c.57. 
The Nuclear Installations Act 1965.
 In section
14(1) the words from “and 
section 503” to “shipowners)”
.

1971 c.59. 
The Merchant Shipping (Oil Pollution) Act 1971
. 
Section 4(1)(a).
Section 8A.
1974 c.43.
 The Merchant
Shipping Act 1974. Section 4(1)(c)(ii)
together with the word “or” preceding it.Section 9.

