s 74 Limitation of Commission’s liability in other cases
The Commission shall not where, without its actual fault or privity, any loss or damage, not being a loss or damage provided for by section 72 or by section 73, is caused to any vessel or to any vehicles, animals, 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 Malaysia the equivalent of eight pounds sterling for each ton of the tonnage of the largest registered British ship which during the period of five years next before the happening of such loss or damage has been habitually within the area over which the Commission performs any duty or exercises any power. A ship shall not be deemed to have been habitually within the area over which the Commission performs any duty, or exercises any powers, unless it has been within that area not less than three times annually during the above mentioned period of five years, and a ship shall not be deemed to have been within the area by reason only that it has been built or fitted out within that area, or that it has taken shelter within or passed through the area on a voyage between two places both situate outside that area, or that it has loaded or unloaded mails or passengers within that area.