【法规名称】
【法规编号】 58670 什么是编号？
【正 文】
第2页 CAP 508 MERCHANT SHIPPING (COLLISION DAMAGE LIABILITY AND SALVAGE) ORDINANCE
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[接上页] (2) Subject to subsection (3), no action shall be maintainable under this Ordinance to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings in the action are commenced within 1 year from the date of payment. [cf. 1911 c. 57 s. 8 U.K.] (3) Any court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period within which proceedings in the action must be commenced, to such extent and on such conditions as it thinks fit, and shall, if satisfied that there has not during such period been any reasonable opportunity of arresting the defendant vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff's vessel belongs or in which the plaintiff resides or has his principal place of business, extend any such period to any extent sufficient to give such reasonable opportunity. [cf. 1911 c. 57 s. 8 U.K.] Cap 508 s 8 Application (1) This Part applies in all cases heard and determined in any court having jurisdiction to deal with the case and in whatever waters the damage or loss in question was caused. [cf. 1911 c. 57 s. 9(3) U.K.] (2) This Part applies to any person responsible for the fault of a vessel, other than the owners, as though the references in this Part to "owners" included such person. [cf. 1911 c. 57 s. 9(4) U.K.] (3) Where, by virtue of a charter or demise, or for any other reason, the owners of a vessel are not responsible for the navigation and management of the vessel, this Part shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible. [cf. 1911 c. 57 s. 9(4) U.K.] Cap 508 s 9 Salvage Convention 1989 to have the force of law PART III SALVAGE (1) The provisions of the International Convention on Salvage 1989 ("the Convention"), as set out in Part I of Schedule 1, shall have the force of law in Hong Kong. [cf. 1994 c. 28 s. 1(1) U.K.] (2) The provisions of Part II of Schedule 1 shall have effect in connection with the Convention, and subsection (1) shall have effect subject to the provisions of that Part. [cf. 1994 c. 28 s. 1(2) U.K.] (3) Nothing in subsection (1) or (2) shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the day on which this Part comes into force. [cf. 1994 c. 28 s. 1(4) U.K.] (4) The provisions of Schedule 2 (which make amendments consequential on subsections (1) and (2)) shall have effect, but nothing in any amendment made by those provisions shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the day on which the amendment comes into force. [cf. 1994 c. 28 s. 1(6) U.K.] (5) Sections 23, 24 and 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply to the repeal of an Act mentioned in Schedule 2 as they apply to the repeal of an Ordinance. Cap 508 s 10 Amendment of Part I of Schedule 1 The Director of Marine may, by notice in the Gazette, amend Part I of Schedule 1 in accordance with any revision to the Convention, which may apply to Hong Kong from time to time. Cap 508 s 11 Repeals PART IV REPEAL (1) The Maritime Conventions Act 1911 (1911 c. 57 U.K.) is repealed so far as it is applied to Hong Kong. (2) Sections 23, 24 and 25 of the Interpretation and General Clauses Ordinance (Cap 1) apply to the repeal of an Act mentioned in subsection (1) as they apply to the repeal of an Ordinance. Cap 508 Sched 1 INTERNATIONAL CONVENTION ON SALVAGE 1989 Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 64 of 1999 s. 3 [sections 9(1) & (2) & 10] PART I TEXT OF CONVENTION CHAPTER I-GENERAL PROVISIONS ARTICLE 1 Definitions For the purpose of this Convention- (a) "Salvage operation" (救助作业) means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever. (b) "Vessel" (船舶) means any ship or craft, or any structure capable of navigation. (c) "Property" (财产) means any property not permanently and intentionally attached to the shoreline and includes freight at risk. (d) "Damage to the environment" (环境损害) means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents. (e) "Payment" (支付款项) means any reward, remuneration or compensation due under this Convention. (f) "Organization" (组织) means the International Maritime Organization. (g) "Secretary-General" (秘书长) means the Secretary-General of the Organization. ARTICLE 2 Application of the Convention This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party. |
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