Section 212: Exclusion of liability

212. Exclusion of liability (1) Subject to subsection (3), the owner of a Mauritius ship shall not be liable for any loss or damage where— (a) any property on board the ship is lost or damaged by reason of fire on board the ship; or (b) 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), where the loss or damage arises from anything done or omitted by a person in his capacity as master or member of the crew or, otherwise than in that capacity, in the course of his employment as an employee of the owner of the ship, subsection (1) shall also exclude the liability of— (a) the master, member of the crew or employee; and (b) in a case where the master or member of the crew is the employee of a person whose liability would not be excluded by that subsection apart from this paragraph, the person whose employee he is. (3) This section does not exclude the liability of a person for any loss or damage resulting from any such personal act or omission of his as is referred to in section 194 (4). PART X – PIRACY, HIJACKING AND OTHER OFFENCES Sub-Part I – Piracy and Hijacking 213. – 216. — [Ss. 213 to 216 repealed by s. 11 (4) (a) of Act 39 of 2011 w.e.f. 1 June 2012.] Sub-Part II – Other Offences