【法规名称】
【法规编号】 58670 什么是编号？
【正 文】
第6页 CAP 508 MERCHANT SHIPPING (COLLISION DAMAGE LIABILITY AND SALVAGE) ORDINANCE
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[接上页] Assistance to persons in danger at sea 3. (1) The master of a vessel who fails to comply with the duty imposed on him by article 10, paragraph 1, commits an offence and shall be liable- (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine at level 3, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine at level 5, or both.(2) Compliance by the master of a vessel with that duty shall not affect his right or the right of any other person to a payment under the Convention or under any contract. The reward and special compensation: the common understanding 4. In fixing a reward under article 13 and assessing special compensation under article 14 the court or arbitrator is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14. Meaning of "judicial proceedings" 5. References in the Convention to judicial proceedings are references to proceedings in the Court of First Instance; and any reference to the tribunal having jurisdiction (so far as it refers to judicial proceedings) shall be construed accordingly. (Amended 25 of 1998 s. 2) Meaning of "national law" 6. References in the Convention to "national law" include the law of Hong Kong. Meaning of "State" 7. References in the Convention to State include Hong Kong. Meaning of "State Party" 8. (1) The Chief Executive may by order certify any State specified in the order is a party to the Convention in respect of a specified country and the order shall, subject to the provisions of any subsequent order made for those purposes, be conclusive evidence that the State is a party to the Convention in respect of that country. (Amended 64 of 1999 s. 3) (2) In this paragraph "country" (国家) includes territory. Meaning of "tribunal" 9. References in the Convention to tribunal are references to the Court of First Instance. (Amended 25 of 1998 s. 2) Cap 508 Sched 2 SALVAGE: CONSEQUENTIAL AND RELATED AMENDMENTS [section 9(4) & (5)] Merchant Shipping Act 1894 1. Sections 544, 545 and 546 of the Merchant Shipping Act 1894 (1894 c. 60 U.K.) are repealed in so far as they applied to Hong Kong. Supreme Court Ordinance 2. Section 12A of the Supreme Court Ordinance (Cap 4) is amended- (a) by repealing subsection (2)(i) and substituting- "(i) any claim- (i) under the Salvage Convention 1989; (ii) under any contract for or in relation to salvage services; or (iii) in the nature of salvage not falling within subparagraph (i) or (ii); or any corresponding claim in connection with an aircraft;";(b) by repealing subsection (6) and substituting- "(6) In subsection (2)(i)- (a) the "Salvage Convention 1989" means the International Convention on Salvage 1989 as it has effect under section 9 of the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance (35 of 1997); (b) the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services; (c) the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in subsection (2)(i)(i) or (ii) which is available under section 9 of the Civil Aviation Ordinance (Cap 448)". |
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