Section 200: Liability of dock owner

200. Liability of dock owner (1) In this section— “dock” includes wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving docks, slips, quays, wharves, piers, stages, landing places and jetties; “owner of a dock” includes any authority or person having the control and management of a dock. (2) The liability of the owner of a dock for any loss or damage caused to a ship, or to any goods or other things on board a ship, shall be limited, in accordance with subsection (5), by reference to the tonnage of the largest Mauritius ship which, at the time of the loss or damage is, or within the preceding 5 years has been, within the dock of which the person is an owner. (3) The limitation of liability under this section relates to the whole of any loss or damage which may arise on any one occasion, although the loss or damage may be sustained by more than one person, and shall apply whether or not the liability arises under an enactment. (4) This section does not exclude the liability of the owner of a dock for any loss or damage resulting from any personal act or omission referred to in section 194 (4). (5) The limit of liability shall be ascertained by applying to the ship, by reference to which the liability is to be determined, the method of calculation specified in section 197 (b). (6) Sections 204 and 205 shall apply for the purposes of this section. (7) For the purposes of subsection (2), a ship shall not be treated as having been within the dock owned by the owner of the dock by reason only that it has been built or fitted out within that dock, or that it has taken shelter within or passed through the dock on a voyage between 2 places situated outside that dock, or that it has loaded or unloaded mail or passengers within the dock.