Section 541: General limits of liability

541. General limits of liability.—(1) The limits of liability for claims other than those mentioned in section 542, 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 sub-clause (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; and for each ton in excess of 70,000 tons, 167 units of account; and (b) in respect of any other claims— (i) 167,000 units of account for a ship with a tonnage not exceeding 500 tons; and (ii) for a ship with a tonnage in excess thereof the following amount in addition to that mentioned in sub-clause (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 ; and for each ton in excess of 70,000 tons, 83 units of account. (2) In the application of sub-section (1) to a ship with a tonnage of less than 300 tons that sub-section shall have effect as if— (a) in clause (a), in sub-clause (i), for the figure “333,000” the figure “166,667” were substituted; and (b) in clause (b), in sub-clause (i), for the figure “167000” the figure “83,333” were substituted. (3) Where the amount calculated in accordance with clause (a) of sub-section (1) is not sufficient to pay the claims mentioned therein in full, the amount calculated in accordance with clause (b) thereof shall be available for payment of the unpaid balance of claims and such unpaid balance shall rank rate ably with such claims mentioned in clause (b) of sub-section (1). (4) Claims in respect of damage to harbour works, basins and waterways and aids to navigation shall have priority over all other claims. (5) The limit 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. (6) For the purpose of this Chapter the ship’s tonnage shall be the gross tonnage calculated in accordance with this Ordinance.

Effective date: 2001-01-01

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