【法规名称】
【法规编号】 58670 什么是编号？
【正 文】
第5页 CAP 508 MERCHANT SHIPPING (COLLISION DAMAGE LIABILITY AND SALVAGE) ORDINANCE
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[接上页] ARTICLE 18 The effect of salvor's misconduct A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct. ARTICLE 19 Prohibition of salvage operations Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention. CHAPTER IV-CLAIMS AND ACTIONS ARTICLE 20 Maritime lien 1. Nothing in this Convention shall affect the salvor's maritime lien under any international convention or national law. 2. The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided. ARTICLE 21 Duty to provide security 1. Upon the request of the salvor a person liable for a payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor. 2. Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavors to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released. 3. The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor's claim against the relevant vessel or property. ARTICLE 22 Interim payment 1. The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case. 2. In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly. ARTICLE 23 Limitation of actions 1. Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of 2 years. The limitation period commences on the day on which the salvage operations are terminated. 2. The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended. 3. An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted. ARTICLE 24 Interest The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated. ARTICLE 25 State-owned cargoes Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law. ARTICLE 26 Humanitarian cargoes No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes. ARTICLE 27 Publication of arbitral awards States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases. PART II PROVISIONS HAVING EFFECT IN CONNECTION WITH THE CONVENTION Interpretation 1. In this Part of this Schedule any reference to a numbered article is a reference to the article of the Convention which is so numbered. Claims excluded from the Convention 2. (1) The provisions of the Convention do not apply- (a) to a salvage operation which takes place in inland waters of Hong Kong and in which all the vessels involved are of inland navigation; (b) to a salvage operation which takes place in inland waters of Hong Kong and in which no vessel is involved; and (c) when the property involved is a maritime cultural property of prehistoric archaeological or historic interest and is situated on the sea-bed.(2) In this paragraph "inland waters" (内水) does not include any waters within the ebb and flow of the tide at ordinary spring tides or the waters of any dock which is directly or (by means of one or more other docks) indirectly, connected with such waters. |
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